1905 HUMAN CARE SERVICES

1905.1 If an agency intends to provide human care services through a human care agreement, the contracting officer shall give public notice of a request for qualifications that:

1. (a) States the general requirements of the service; and
2. (b) Requests interested service providers to respond in writing with a statement of their qualifications to perform the service.

1905.2 The contracting officer shall use the procedures set forth in §§ 1905 through 1908 to procure human care services rather than the solicitation or source selection procedures specified elsewhere in this title, if the human care service is:

1. (a) To be negotiated on a fee-for-service or unit-rate basis using benchmarks and quantifiable measurements that are uniformly provided to providers of the same service;
2. (b) To be purchased at rates adopted by rule; or
3. (c) One that the agency typically purchases as needs arise, but for which the quantity, rate of utilization, delivery area, or specific beneficiaries of the service cannot be accurately estimated at the outset of the procurement process.

1905.3 Compliance with §§ 1905 through 1908 of this chapter shall constitute a competitive procedure for the procurement of human care services.

1905.4 The contracting officer shall certify the financial and professional responsibility of each service provider based on the following criteria:

1. (a) The type of business or organization and its history;
2. (b) The resumes and professional qualifications of the business or organization's staff, including relevant professional or business licenses, affiliations, and specialties;
3. (c) Information attesting to financial capability, including financial statements;
4. (d) Specialized experience and technical competence in the type of work required;

(e) Capacity to accomplish the work in the required time;

(f) A summary of similar contracts awarded to the service provider, and the service provider's performance of those contracts;

(g) A certification of compliance with all applicable tax and filing requirements;

(h) A statement attesting to compliance with wage, hour, workplace safety and other standards of labor law;

(i) A statement attesting to compliance with federal and District equal employment opportunity law;

(j) Information about pending lawsuits or investigations, and judgments, indictments, or convictions against the service provider or its proprietors, partners, directors, officers, or managers; and

(k) Acceptability under other appropriate characteristics of a prospective service provider.

SOURCE: Final Rulemaking published at 35 DCR 1492 (February 26, 1988); as amended by Emergency and Proposed Rulemaking published at 47 DCR 8590 (October 20, 2000) [EXPIRED]; as amended by Final Rulemaking published at 48 DCR 5819 (June 22, 2001); as amended by Final Rulemaking published at 62 DCR 8047 (June 5, 2015).