(a) Notwithstanding any other provision of this chapter, the CPO may award a human care agreement for a human care service if the human care service to be provided is:

(1) Negotiated on a fee for service or unit-rate basis using benchmarks and quantifiable measurements that shall be uniformly applied to providers of the same service;

(2) Purchased at rates adopted by rule; or

(3) One that an agency typically purchases as needs arise, but for which the quantity, rate of utilization, delivery areas, or specific beneficiaries of the service cannot be accurately estimated at the outset of the procurement process.

(b) If a human care agreement for a human care service is to be awarded, the CPO shall publish a request for qualifications that:

(1) States the general requirements for the service; and

(2) Requests interested service providers to respond in writing with a statement of their qualifications to perform the service on a form prescribed by the CPO.

(c) The CPO shall retain statements of qualifications submitted by providers for 3 years.

(d) The CPO may conduct negotiations for a human care agreement with any responsible service provider who has submitted a statement of qualifications, without any additional public notice or solicitation required, to satisfy all or part of the District’s anticipated requirements for a particular human care service.

(e) Before conducting negotiations with a service provider, the CPO shall issue a determination and findings that the service provider is responsible in accordance with subchapter III of this chapter.

(f) The CPO may authorize the use of vouchers to authorize the delivery of service provided by service providers who enter into human care agreements.

(g) The CPO shall provide public notice of the award of a human care agreement pursuant to this section on the Internet.

(h) The human care agreement shall identify the services to be rendered during the term of the agreement and shall set forth the terms and conditions of any purchases issued pursuant to the agreement. The contracting officer shall include in each human care agreement the following information:

(1) A statement that the human care agreement is not a commitment to purchase any quantity of a particular good or service covered under the agreement; and

(2) A statement that the District is obligated only to the extent that authorized purchases are made pursuant to the human care agreement.

(Apr. 8, 2011, D.C. Law 18-371, § 406, 58 DCR 1185.)

This section is referenced in § 2-351.04 and § 2-354.01.