Me UMC
November 22, 2024
‘The Honorable Phil Mendelson
Chairman, Council ofthe District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W.
Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approvalbythe Councilofthe District ofColumbia is the
“Modification 1 to Contract NFPHC-RAD-23-C-0001 between Not-for-Profit Hospital
Corporation and Washington Imaging Associates ofMaryland, LLC Approval and
Payment Authorization Emergency Act of 2024”, and the “Modification 1 to Contract
NEPHCRAD-23-C-0001 between Not-for-Profit Hospital Corporation and Washington
Imaging Associates ofMaryland, LLC and Payment Authorization Emergency
Declaration Resolution of 2024”, for the provisionofprofessional medical servicesinthe
specific specialty of Radiology (“Contract”).
Council action is necessary to approve proposed Modification 1inthe amount of
$630,000.00 for six (6) months (December 31, 2023 June 30, 2024) because when
combined with the initial six (6) monthbase period contract (July 1, 2023 - December
30, 2023) in the amount of $630,000.00, the total retroactive valueofthe twelve (12)
monthbase year contract (July 1, 2023 — June 30, 2024) would be $1,260,000.00. As
evidenced by the recommendation to change vendors, initial negotiations and
contract/approval planning discussions, and the ongoing uninterrupted performanceofthe
Parties, this vital clinical engagement is intended to continue through the Hospital’s
closure. Unfortunately, there was an inadvertent delay in completing the required
documentation to do so. Once realized, all involved worked as quickly as possible to
rectify the situation and submit the retroactive legislative package to Council for review.
In addition, the Hospital instituted several safeguards tomitigate possible reoccurrence
during this wind down and closure period. It is important that UMC isableto fully pay
this key vendorforthe work that italready has performed because its ongoing services
are essential to the operation ofthe hospital.
As always, I am available to discuss any questions you may have regarding this
submittal. Inorderto facilitate aresponse to any questions you may have, please have
your staff contacmet at (202) 574-6611. I look forward to a favorable consideration on
this contract.
41310SOUTHERN AVENUE, SE WASHINGTON, D.C. 20032-4623 + 202-5746000 + WWW.UNITED-MEDICALCENTER.COM
See
ChiefExecutive Officer
‘Not-for-Profit Hospital Corporation
Enclosure
14310SOUTHERNAVENUE,SE WASHINGTON,D.C. 20032-4623 + 202.574.6000 + WWW.UNITED-MEDICALCENTER.COM
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~$~
Cliairman Phil Mendelson
3 on behalf of the Not-for-Profit
4 Hospital Corporation
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7
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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 1 to Contract No. NFPHC-RAD-23-C-
20 0001 between the Not-for-Profit Hospital Corporation, commonly known as
21 United Medical Center ("Hospital") and Washington Imaging Associates of
22 Maryland, LLC. for professional medical services in the specific specialty of
23 Radiology, and to authorize payment for the services received and to be received
24 under the Contract.
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26 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
27 That this act may be cited as the "Modification 1 to Contract NFPHCRAD-23-C-0001
28 between Not-for-Profit Hospital Corporation and Washington Imaging Associates of
29 Maryland, LLC. Approval and Payment Authorization Emergency Act of2024".
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 1 to Contract NFPHCRAD-23-C-0001 between the
35 Not-for-Profit Hospital Corporation and Washington Imaging Associates of Maryland,
36 LLC for the provision of professional medical services in the specific specialty of
37 Radiology, and authorizes payment for the services received and to be received under this
38 Contract Base Year and payment in the amount of $1,260,000.00.
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: NFPHCRAD-23-C-0001
Proposed Contractor: Washington Imaging Associates of Maryland, LLC (dba
Progressive Radiology)
Contract Amount: Initial Six-Month Base: $630,000.00 (7/1/2023-12/30/2023)
Six-Month Mod 1 to Base: $630,000.00 (12/31/2023-6/30/2024)
Revised 12 mo Base Year: $1,260,000.00
Unit and Method of Compensation: Payments due monthly
Term of Contract: July 1, 2023 to June 30, 2024; 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 Year:
o Initial Base Period: $630,000.00 (July 1, 2023 – December 30, 2023)
o Proposed Modification #1: $630,000.00 (December 31, 2023 – June 30, 2024). If
approved, the revised 12-month Base Year retroactive value would be
$1,260,000.00.
- Option Year 1 (partial exercise):
o Modification #2: $945,000.00 (July 1, 2024 – March 31, 2025). Council approval
not yet required for fully executed Modification #2, which ends on the tentative
date of the facility’s closure.
(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:
This Contract is for the provision of Radiology services, for a period from July 1, 2023 to
June 30, 2024.
(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:
The contract was sole sourced under 27 DCMR 4618 because a prompt change in the
vendor for radiology services was needed to avoid a gap and secure these services during
the wind down/ closure period.
(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:
Washington Imaging Associated of Maryland, LLC d/b/a Progressive Radiology is the
largest radiologist owned and operated medical imaging practice in the Maryland and
Washington, D.C. area. They are the leading provider of outpatient diagnostic imaging
services in Maryland, Virginia, Washington, D.C. and northern Illinois. All of members of
this contract are board-certified radiologists have subspecialty expertise, and many are
nationally renowned educators and authors. Their radiologists have had multiple
fellowships, additional years of post-graduate clinical training, and advanced degrees
outside of medicine. They offer an academic level of expertise in a private practice setting
and have familiarity with UMC.
(G) The period of performance associated with the proposed change, including date as of
which the proposed change is to be made effective:
July 1, 2023 to June 30, 2024, effective July 1, 2023, should Council approve of the
Contract.
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(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 for Base Year $1,050,000.00
(I) The aggregate dollar value of the proposed changes as compared with the amount of
the contract as awarded:
The dollar value of the proposed change (Modification #1) is $630,000.00, and the initial
contract base was exercised for $630,000.00
(J) The date on which the contracting officer was notified of the proposed change:
June 8, 2024
(K) The reason why the proposed change was sent to Council for approval after it is
intended to take effect:
As evidenced by the recommendation to change vendors, initial negotiations and
contract/approval planning discussions, and the ongoing uninterrupted performance of the
Parties, this vital clinical engagement was intended to continue through the Hospital’s
closure. Unfortunately, there was an inadvertent delay in completing the required
corresponding documentation to do so in a timely manner. Once realized, all involved
worked as quickly as possible to rectify the situation and submit this retroactive legislative
package to Council. To mitigate possible reoccurrence, especially for key services during
this wind down and closure period, the Hospital also instituted several safeguards across
various departments. It is important that UMC is able to fully pay this key vendor for the
work that it already has performed because its ongoing services are essential to the operation
of the hospital.
(L) The reason for the proposed change:
To exercise the remaining six (6) months of the base year (Proposed Modification 1)
retroactive to December 31, 2023, as further described herein.
(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 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 local Vendors to provide these services. There wasn’t a
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Certified Business Enterprise (CBE) that provides Radiology services. There was not
subcontracting plan due the critical need and highly specialized nature of the services to be
provided under this proposed Contract, so a subcontracting plan and waiver were not
obtained before the contract execution. (Per DSLBD, once a contract is exercised, a waiver
cannot be provided.) UMC continues to make best efforts to create and maintain
opportunities for small, local, and disadvantaged businesses at UMC across all areas of the
hospital and looks forward to working with the community and applicable agencies to
improve in this area until the facility closes
(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
CEO and Chief Medical 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 expended under the Contract prior to submission is $1,050,000.00
(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.
(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
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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 June 20, 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 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: September 17, 2024 Notice Number: L0012584366
WASHINGTON IMAGING ASSOC MD LLC FEIN: **-***6926
3201 JERMANTOWN RD STE 550 Case ID: 17096801
FAIRFAX VA 22030-2885
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 Chief Financial Officer
MEMORANDUM
To: Jacqueline Payne-Borden, Chief Executive Officer
From: Lilian Chukwuma, CFO – Not-for-Profit Hospital Corporation
Date: November 06, 2024
Re: Modification No. 1 to Contract NFPHC-RAD-23-C-0001 between Not-for-Profit
Hospital Corporation and Washington Imaging Associates of Maryland, LLC
Approval and Payment Authorization Emergency Act of 2024
The Not-for-Profit Hospital Corporation (NFPHC) intends to contract with Washington
Imaging Ass