aye WMC
UNITED
November 6, 2024
The Honorable Phil Mendelson:
Chairman, Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W.
Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is
Modification 2. to Contract No. NFPHC-ER-23-C between the Not-for-Profit Hospital
Corporation and George Washington University Medical Faculty Associates, Inc.,
Approval and Payment Authorization Emergency Act of 2024, and Modification 2 to
Contract No. NFPHC-ER-23-C between the Not-for-Profit Hospital Corporation and
George Washington University Medical Faculty Associates, Inc. Approval and Payment
‘Authorization Emergency Declaration Resolution of 2024, for the provision of emergency
department services (‘“Contract”).
Council action is necessary to approve Modification 2, which seeks
toexercise Option Year
2 in the amount of $3,497,908.26 for a 6-month period (October 1, 2024 to March 31,
2025). The proposed modification is retroactive due to the extended negotiating period
needed to secure the incumbent vendor during the Hospital’s pending wind down.
Continued approval is vital to avoiding a major disruption in these critical patient care
services.
As always, I am available to discuss any questions you may haveregardingthis submittal.
In order to facilitate a response to any questions you may have, please have your staff
contact me at (202) 574-6611. I look forward to a favorable consideration on this contract.
Sincerely,
quedve PosenRed”
jueline Payne-Borden
ChiefExecutive Officer
Not-for-Profit Hospital Corporation
Enclosure
1810 SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 + 202-574-6000 + WWW.UNITED-MEDICALCENTER.COM
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hainnanPhil Mendelson
on behalf of the Not-for-Profit
4 Hospital Corporation
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9 A BILL
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14 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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19 To approve, on an emergency basis, Modification 2 to Contract No. NFPHC-ER-23-C the
20 Not-for-Profit Hospital Corporation, commonly known as United Medical Center
21 ("Hospital") and George Washington University Medical Faculty Associates, Inc.,
22 ("GW MFA") to provide emergency department services, and to authorize
23 payment for the services received and to be received under the Contract.
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25 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
26 That this act may be cited as the "Modification 2 to Contract No. NFPHC-ER-23-C
27 between the Not-for-Profit Hospital Corporation and George Washington University
28 Medical Faculty Associates, Inc., ("GW MF A") Approval and Payment Authorization
29 Emergency Act of 2024".
30 Sec. 2. Pursuant to section 451 of the District of Columbia Home Rule Act,
31 approved December 24, 1973 (87 Stat. 803; D.C. Official Code§ 1-204.51), and
32 notwithstanding the requirements of section 202 of the Procurement Practices Reform
33 Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02),
34 the Council approves Modification 2 to Contract No. NFPHC-ER-23-C between the Not-
35 for-Profit Hospital Corporation and George Washington University Medical Faculty
36 Associates, Inc., (“GW MFA”) to provide emergency department services, and authorizes
37 payment for the services received and to be received under this Contract and payment in
38 the amount of $3,497,908.26.
39 Sec. 3. Fiscal impact statement.
40 The Council adopts the fiscal impact statement of the Chief Financial Officer as
41 the fiscal impact statement required by section 4a of the General Legislative Procedures
42 Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-
43 301.47a).
44 Sec. 4. Effective date.
45 This act shall take effect following approval by the Mayor (or in the event of veto
46 by the Mayor, action by the Council to override the veto), and shall remain in effect for
47 no longer than 90 days, as provided for emergency acts of the Council of the District of
48 Columbia in section 412(a) of the District of Columbia Home Rule Act, approved
49 December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).
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GOVERNMENT OF THE DISTRICT OF COLUMBIA
Office of Contracting and Procurement
Pursuant to section 202(c-1) of the Procurement Practices Reform Act of 2010, as amended, D.C.
Official Code § 2-352.02(c-1), the following contract summary is provided:
COUNCIL CONTRACT SUMMARY
(Retro)
(A) Contract Number: Contract No. NFPHC-ER-23-C
Proposed Contractor: George Washington University Medical Faculty Associates, Inc., (“GW
MFA”)
Contract Amount: Modification 2: $3,497,908.26
Unit and Method of Compensation: Monthly with proper invoices
Term of Contract: October 1, 2024 to March 31, 2025; retroactive
Type of Contract: Fixed Fee, with monthly reconciliation
Source Selection Method: Sole Source under 27 DCMR 4618
(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:
o Initial letter Contract: $713,793.66 (October 1, 2022 to October 31, 2022)
o Total definitized Contract: $7,997,458.78 (October 1, 2022 to September 30, 2023);
Council approved (A24-718)
- Option Year 1
o Modification 1: $7,945,816.52 (October 1, 2023 to September 30, 2024) Council
approved (A25-298)
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- Option Year 2 (partial exercise)
o Proposed Modification 2: $3,497,908.26 (October 1, 2024 to March 31, 2025)
(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:
The provision of emergency department services for a period from October 1, 2024 to March 31,
2025. Through the duration of this contract UMC will pay out of pocket $1,922,908.26 and the
balance up to $ 1,575,000.00 from billing collections for 6 months.
(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 Contract was sole sourced under 27 DCMR 4618 because UMC couldn't afford to
experience disruption with these urgent services, especially given the pending wind down.
George Washington University Medical Faculty Associates is the incumbent vendor and can
provide the emergency department services without any lapse.
(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:
There were no protests associated with this procurement.
(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:
Medical Faculty Associates, Inc. - Background and Qualifications
Medical Faculty Associates, Inc. ("MFA") is a leading healthcare provider across the
Washington Metropolitan region. MFA serves as the administrative and contracting organization
for The George Washington University's ("GWU") 800 academic and community physicians.
With experts across over 50 clinical specialty and subspecialty areas, MFA serves patients and
families from across the Washington Metropolitan region. MFA faculty provides services to
many communities and health care institutions including The George Washington University
Hospital, Children's National Health System, Walter Reed National Military Medical Center,
INOVA Health and more. MFA provides a variety of office and hospital-based services for adult
patients including Emergency Medicine, Hospitalist, Radiology, Anesthesiology, Critical Care,
Pathology, Obstetrics and Gynecology, Pain Management, Psychiatric, and Surgical services.
Description and Organizational Philosophy
MFA is a 501(c)(3), not-for-profit, locally controlled, physician-led tax-exempt organization.
MFA has over 2,150 employees and is comprised of 13 clinical Departments that makeup a large
integrated multispecialty group. Affiliated with The George Washington University, MFA has
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grown to become one of the largest independent physician practices. Affiliated with The George
Washington School of Medicine and Health Sciences ("GWSMHS"), MFA is committed to the
goals of providing superior healthcare, advancing knowledge and training future caregivers.
MFA's physicians teach and mentor medical students, residents and researchers at GWSMHS
which was the first medical school in the nation's capital and the eleventh oldest in the United
States.
(G) The period of performance associated with the proposed change, including date as of which
the proposed change is to be made effective:
October 1, 2024 to March 31, 2025. Should the Council approve the proposed change, it will be
deemed effective retroactive to Oct 1, 2024.
(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 value of work performed pursuant to Modification 2 is $0
(I) The aggregate dollar value of the proposed changes as compared with the amount of the
contract as awarded:
The aggregate value of the of the proposed Modification 2: $3,497,908.26
(J) The date on which the contracting officer was notified of the proposed change:
July 3, 2024
(K) The reason why the proposed change was sent to Council for approval after it is intended to
take effect:
Additional time to negotiate was required to avoid a lapse in critical emergency department
services.
(L) The reason for the proposed change:
To exercise the next option year.
(M) The legal, regulatory, or contractual authority for the proposed change:
NFPHC Contracting Authority; NFPHC Establishment Act; Home Rule Act.
(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
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contract to be subcontracted, expressed both in total dollars and as a percentage of the total
contract amount:
UMC has worked diligently with DC Department of Small and Local Business Development
(DSLBD) to find CBEs to provide these services, but past efforts were unsuccessful. There is no
subcontracting plan because of the critical need and highly specialized nature of the services to be
provided. UMC will continue to do its best, yet acknowledges that as the closure nears,
procurement opportunities will become even more limited and avoiding disruption to major services
even more paramount.
(O) Performance standards and the expected outcome of the proposed contract:
The Contractor's performance will be monitored by the Not-for-Profit Hospital Corporation
Interim CEO and Chief Nursing Officer. The performance standards are as outlined in the
proposed Contract and as required by applicable local, federal, industry, and licensing entities.
(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 amount of funds used prior to submission is $0.
(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:
See enclosed fiscal certification from the OCFO.
(R) A certification that the contract is legally sufficient, including whether the proposed
contractor has any pending legal claims against the District:
See enclosed legal certification from UMC Counsel.
(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):
See enclosed Clean Hands Certification.
(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:
The proposed contractor has certified its compliance.
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(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.:
The Contractor is not certified as a local, small, or disadvantaged business enterprise.
(V) Other aspects of the proposed contract that the Chief Procurement Officer considers
significant:
All relevant aspects of the proposed Contract are enclosed.
(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:
As of September 11, 2024, the Contractor does not appear on the District or Federal Excluded
Parties List.
(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):
None.
(Y) Where the contract, and any amendments or modifications, if executed, will be made
available online:
Due to the hospital’s pending closure, the website will not undergo further upgrades; however,
the contract remains available onsite.
(Z) Where the original solicitation, and any amendments or modifications, will be made available
online:
Due to the hospital’s pending closure, the website will not undergo further upgrades; however,
the contract remains available onsite.
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Government ofthe District ofColumbia
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ME —_'lice ofthe Chief Financial Officer 1101 4" Street, SW
ME —Ofliceof Tax and Revenue ‘Washington, DC 20024
Date ofNotice: October
25,2024 Notice Number: 0012801558
MEDICAL FACULTY ASSOCIATES INC
2150 PENNSYLVANIA AVE NW
WASHINGTON DC 20037-3201
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 ofClean 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 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-S048/MyTax.DC
gov
Government of the District of Columbia
Office of the Chief Financial Officer
MEMORANDUM
To: Jacqueline Payne-Borden, Chief Executive Officer
CC: Kendrick Dandridge, Contracting Officer
From: Lilian Chukwuma, CFO – Not-for-Profit Hospital Corporation
Date: November 06, 2024
Re: Modification 2 to Contract No. NFPHC-ER-23-C between Not-for-Profit Hospital
Corporation and George Washington University Medical Faculty Associates, Inc.,
(“GW MFA”) Approval and Payment Authorization Emergency Act of 2024
The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with George Washington
University Medical Faculty Associates, Inc., (“GW MFA”) for the provision of emergency
department services. The Proposed Modification 2 of Contract No. NFPHC-ER-23-C has a
contract value of $3,497,908.26 for a 6-month period, October 1, 2024 – March 31, 2025.
The Office of the Chief Financial Officer hereby certifies that the funds are included in the
NFPHC FY 2025 budget.
L
e WA UMC
UNAEEE
)R-PROFIT HOSPITAL CORPORATI
MEMORANDUM
To: Jacqueline Payne-Borden
ChiefExecutive Officer
From: Brie Goulet x (/;
General Counsel gBld
Reference: Modification 2 to Contract No. NFPHC-ER-23-C between Not-for-Profit
Hospital Corporation and George Washington University Medical Faculty
Associates, Inc., (‘GW MFA”) Approval and Payment Authorization
Emergency Act of 2024
Date: November 6, 2024
Subject: Le