ayeWMC
UNITED
November6,2024
TheHonorablePhilMendelson:
Chairman,CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,N.W.
Suite504
Washington,DC20004
DearChairmanMendelson:
EnclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiais
Modification2.toContractNo.NFPHC-ER-23-C betweentheNot-for-ProfitHospital
CorporationandGeorgeWashingtonUniversityMedicalFacultyAssociates,Inc.,
ApprovalandPaymentAuthorizationEmergencyActof2024,andModification2to
ContractNo.NFPHC-ER-23-CbetweentheNot-for-ProfitHospitalCorporationand
GeorgeWashingtonUniversityMedicalFacultyAssociates,Inc.ApprovalandPayment
‘AuthorizationEmergencyDeclarationResolutionof2024,fortheprovisionofemergency
departmentservices(‘“Contract”).
CouncilactionisnecessarytoapproveModification2,whichseekstoexerciseOptionYear
2intheamountof$3,497,908.26fora6-monthperiod(October1,2024toMarch31,
2025).Theproposedmodificationisretroactiveduetotheextendednegotiatingperiod
neededtosecuretheincumbentvendorduringtheHospital’spendingwinddown.
Continuedapprovalisvitaltoavoidingamajordisruptioninthesecriticalpatientcare
services.
Asalways,Iamavailabletodiscussanyquestionsyoumayhaveregardingthissubmittal.
Inordertofacilitatearesponsetoanyquestionsyoumayhave,pleasehaveyourstaff
contactmeat(202)574-6611.Ilookforwardtoafavorableconsiderationonthiscontract.
Sincerely,
quedve PosenRed”
juelinePayne-Borden
ChiefExecutiveOfficer
Not-for-ProfitHospitalCorporation
Enclosure
1810SOUTHERNAVENUE,SEWASHINGTON,D.C.20032-4623+202-574-6000+WWW.UNITED-MEDICALCENTER.COM 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
A BILL
~~
hainnanPhil Mendelson
on behalf
of the Not-for-Profit
Hospital Corporation
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To approve, on an emergency basis, Modification 2 to Contract No. NFPHC-ER-23-C the
Not-for-Profit Hospital Corporation, commonly known
as United Medical Center
("Hospital") and George Washington University Medical Faculty Associates, Inc.,
("GW MF A")
to provide emergency department services, and to authorize
payment for the services received and to be received under the Contract.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,
That this act may be cited
as the "Modification 2 to Contract No. NFPHC-ER-23-C
between the Not-for-Profit Hospital Corporation and George Washington University
Medical Faculty Associates, Inc., ("GW MF A") Approval and Payment Authorization
Emergency Act
of 2024".
Sec.
2. Pursuant to section 451 of the District of Columbia Home Rule Act,
approved December 24, 1973 (87 Stat. 803; D.C. Official
Code§ 1-204.51), and
notwithstanding the requirements
of section 202 of the Procurement Practices Reform
Act
of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code§ 2-352.02),
the Council approves Modification 2
to Contract No. NFPHC-ER-23-C between the Not
for-Profit Hospital Corporation and George Washington University Medical Faculty 2
Associates, Inc., (“GW MFA”) to provide emergency department services, and authorizes 36
payment for the services received and to be received under this Contract and payment in 37
the amount of $3,497,908.26. 38
Sec. 3. Fiscal impact statement. 39
The Council adopts the fiscal impact statement of the Chief Financial Officer as 40
the fiscal impact statement required by section 4a of the General Legislative Procedures 41
Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-42
301.47a). 43
Sec. 4. Effective date. 44
This act shall take effect following approval by the Mayor (or in the event of veto 45
by the Mayor, action by the Council to override the veto), and shall remain in effect for 46
no longer than 90 days, as provided for emergency acts of the Council of the District of 47
Columbia in section 412(a) of the District of Columbia Home Rule Act, approved 48
December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)). 49
50 1
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 th e 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)
2
- 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. I nclude 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 c ontractor, 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 contrac t:
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 3
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 4
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.
5
(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.
*
*
*
GovernmentoftheDistrictofColumbia
ME —_'liceoftheChiefFinancialOfficer 11014"Street,SW
ME —OfliceofTaxandRevenue ‘Washington,DC20024
DateofNotice:October25,2024 NoticeNumber:0012801558
MEDICALFACULTYASSOCIATESINC
2150PENNSYLVANIAAVENW
WASHINGTONDC20037-3201
AsreportedintheCleanHandssystem,theabovereferencedindividual/entityhasnooutstanding
liabilitywiththeDistrictofColumbiaOfficeofTaxandRevenueortheDepartmentofEmployment
Services.Asofthedateabove,theindividual/entityhascompliedwithDCCode§47-2862,therefore
thisCertificateofCleanHandsisissued.
TITLE47.TAXATION,LICENSING,PERMITS,ASSESSMENTS,ANDFEES
CHAPTER28GENERALLICENSE
SUBCHAPTER II.CLEANHANDSBEFORERECEIVINGALICENSEORPERMIT
D.C,CODE§47-2862(2006)
§47-2862PROHIBITIONAGAINSTISSUANCEOFLICENSEORPERMIT
AuthorizedByMelindaJenkins
BranchChief,CollectionandEnforcementAdministration
Tovalidatethiscertificate,pleasevisitMyTax.DC.gov.OntheMyTaxDChomepage,clickthe
“ValidateaCertificateofCleanHands”hyperlinkundertheCleanHandssection.
11014thStreetSW,SuiteW270,Washington,DC20024/Phone:(202)724-S048/MyTax.DCgov Government of the District of Columbia
Office of the Chief Financial Officer
MEMORANDUM
T
o: Jacqueline Payne-Borden, Chief Executive O f ficer
CC: Kendrick Dandridge, Contracting Officer
From: Lilian Chukwuma, CFO – Not-fo r-Profit
Hospital Corporation
Date:
November 06, 2024
Re:
Modification 2 to Contract No. NFPHC-ER-23-C between Not-for-P
rofit 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 va lue 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. eLWAUMC
UNAEEE
)R-PROFITHOSPITALCORPORATI
MEMORANDUM
To: JacquelinePayne-Borden
ChiefExecutiveOfficer
From:BrieGouletx (/;
GeneralCounselgBld
Reference:Modification2toContractNo.NFPHC-ER-23-CbetweenNot-for-Profit
HospitalCorporationandGeorgeWashingtonUniversityMedicalFaculty
Associates,Inc.,(‘GWMFA”)ApprovalandPaymentAuthorization
EmergencyActof2024
Date: November6,2024
Subject:LegalSufficiency
Ihavereviewedtheabove-referencedModification2toContractNo.NFPHC-ER-23-C
betweentheNot-for-ProfitHospitalCorporation,commonlyknownasUnitedMedical
Center(“Hospital”),andGeorgeWashingtonUniversityMedicalFacultyAssociates,
Inc.,fortheprovisionofemergencydepartmentservices.
Therebycertifythatitappearstobelegallysufficient.Pleasebeadvisedthatmyfinding
ispremisedontheContractsbeingsubmittedtoandapprovedbytheCouncilofthe
DistrictofColumbia.
1310SOUTHERNAVENUE,SEWASHINGTON,D.C.20032-4623+202-574-6000+WWW.UNITED-MEDICALCENTER.COM NOT-FOR-PROFIT HOSPITAL CORPORATION, commonly known as
United Medical Center,
an instrumentality of the District of Columbia government, hereinafter known
as the “Hospital”.
CONTRACT MODIFICATION/ CHANGE
ORDER
Page
1 of 2
NFPHC - NFPHC-ER-23-C-0001A
2. Address (Send invoices here) 3a. Effective Date: 4. Requisition/Purchase Order/Task Order/Modification Number:
Not-For-Profit Hospital Corporation
United Medical Center – Accounts Payable
1310 Southern Avenue, S.E.
Washington, D.C. 20032
10/01/2024
3b.
Date of Council Approval:
TBD
Modification #2
5. Department(s) Using Goods or Services:
6. Contractor: name; address; phone number and email address
Medical Faculty Associates, Inc.
2150 Pennsylvania Avenue NW
Washington, DC 20037
7.
Subject:
Modification for partial exercise of Option Year Two (OY2) for the
provision of Adult Emergency Department at the Hospital twenty-four (24)
hours per day, from October 1,
2024 to March 31, 2025, reporting to the
assigned Hospital Administrative Staff.
8. Exercise of
Option
X
Change Order Supplemental
Agreement
Letter Contract/
Contract Extension
Other:
9. Modification/Change Order Amount: $3,497,908.26 (Out-of-Pocket from UMC
$ 1,922,908.26 +Balance Up to $1,575,000.00 from Billing Collections for 6 months)
10. Total Contract Amount: $3,497,908.26
11.The parties hereby agree to exercise this Mod 2 to this certain Contract for FY 25 as follows:
a.
*Total value of the contract is $3,497,908.26 Medical Faculty Associates, Inc. receives and keep up to $1,575,000.00 of
collections for this agreement (NFPHC-ER- 23-C-0001) and excess collection over the agreement will revert to UMC.
*Medical Faculty Associates, Inc. (“MFA”) shall have the flex capability of staffing between 30.0 and 42.0 hours per
day based upon patient volume at United Medical Center. However, if MFA staffs fewer than 42.0 hours, they must
ensure the staffing is adequate to provide appropriate coverage reflective of the patient volume.
b. Performance Metrics:
1. ROOM TO DOCTOR...................................................................................................................... 90% COMPLIANCE
oMEDIAN - 20 MINUTES
2. ROOM TO ADMISSION DECISION ............................................................................................ 90% COMPLIANCE
oMEDIAN – 180 MINUTES
3. ROOM TO DISCHARGE DECISION ............................................................................................ 90% COMPLIANCE
oMEDIAN – 150 MINUTES
4. PRESS GANEY SCORES ............................................................................................................... 100% COMPLIANCE
oMONTHLY COMPOSITE SCORES ABOVE 55%
5. COMPLETION OF DOCUMENTATION PER MEDICAL STAFF BYLAW .............................. 90% COMPLIANCE
6. COMPLIANCE WITH MEDICAL NECESSITY (Shared Performance) ...................................... 90% COMPLIANCE
COORDINATION OF CARE
oAPPROPIRATENESS OF ADMISSION
oAPPROPRIATE LEVEL OF CARE
OPTION YEAR 2
- 6 month partial exercise
Contract Line
Item Number
(CLIN)
Description Monthly Amount
Annual Not-to-
Exceed Amount
0001
Primary Provider Costs
Physicians; Flex 5,490 - 7,847.5 Hours (30hrs/day –
42hrs/day)
Mid-levels; 4,430 Hours
2.0 additional staff.
$320,484.71 $1,922,908.26
TOTAL AMOUNT:
$1,922,908.26 Docusign Envelope ID: AAB9D2C7-6079-4948-9273-869A7C7CD03B Docusign Envelope ID: C2357511-5143-4DDF-B74C-3635137F0A58 There will be a three (3) month grace period from the commencement of the contract before any penalties are to be levied. During
this time, the Hospital will review and make any necessary adjustments in any particular areas prior to moving forward. This will
include assessing nursing and ancillary staffing, consultation availability and other support services.
For any measure that falls below the indicated level of compliance for any given quarter, there will be a $1,000.00 penalty
assessed against the next month’s payment.
For the shared performance metric, if performance falls below the compliance level for any given quarter, both services will incur
a $1,000.00 penalty to be assessed against the following months payments.
If there are any disputes or mitigating factors that significantly impact the ability to comply with the performance metrics as
stated, those concerns are to be forwarded to the Chief Medical Officer for review and final determination.
There will be no bonus payments for any performance above the stated levels of compliance as this is the level of care that is
expected under the terms of the contractual agreement. However, penalties may be waived by improved performance above the
compliance level for the corresponding metric for the quarter immediately following.
*All other Contract terms shall remain in full force and effect.
12. Name of Contractor:
Signature: _
Date: 13. Signature of Contracting Officer: Kendrick Dandridge,
Contracting Officer
Signature: _
Date:
14. GENERAL COUNSEL – LEGAL SUFFICIENCY
This contract appears legally sufficient. Please be advised that my finding is premised on the Contract receiving any and all requisite approvals. In additions, the Hospital
continues to work with other District agencies to determine the most effective manner for all involved to achieve their respective legislative mandates while the Hospital strives
to meet: (i) its Establishment Act purposes (D.C Official Code §44-95 I.02(b)): (ii) the Hospital Board of Directors approved Strategic Plan (all thirteen Councilmembers
introduced the Sense of the Council Not-for-Profit Hospital Corporation Transformation and Sustainability Resolution of 2014 (PRO-731)), which expressed the desire that the
Hospital move swiftly to implement the strategic plan); and (iii) its clarified District government charged legislative mandate in the Fiscal Year 2015 Budget Support Emergency
Act of 2014 (B20-849), which required the Hospital move forward expeditiously with improving UMC operations and soliciting proposals for private sector takeover of the
ownership and management of the United Medical Center.
Legal Sufficiency: Date:
Eric Goulet, NFPHC General Counsel
15. CERTIFICATION OF FUNDS
Signature: Date: _
Lilian Chukwuma, NFPHC CFO
I hereby certify funds are sufficiently included in the District’s FY 2025 budget
and financial plan to support this Contract.
FOR INTERNAL PURPOSES ONLY
OCFO REVIEW APPROVAL: : NFPHC Budget Officer CEO REVIEW APPROVAL: : NFPHC Chief Executive Officer 09/30/24 Docusign Envelope ID: AAB9D2C7-6079-4948-9273-869A7C7CD03B
9/30/2024
10/4/2024 Docusign Envelope ID: C2357511-5143-4DDF-B74C-3635137F0A58
10/22/2024