A02 PWS_OGC ActuaryServices_08122026-draft.docx

Department of Defense Defense Health Agency Performance Work Statement

Actuarial Service for Military Medical Malpractice Claims

Defense Health Agency, Office of General Counsel

Solicitation Number: To be determined Version:1.0 Date: August 12, 2026

PART 1

1.0 GENERAL INFORMATION

1.1 This is a non-personal services contract to provide professional Actuarial Services in support of the Defense Health Agency (DHA) Office of the General Counsel (OGC).

1.2 Description of services/introduction: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform Actuarial Service for Military Medical Malpractice Claims as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this PWS.

1.3 Background: Pursuant to Title 10, United States Code, Section 2733a, and Title 32, Code of Federal Regulations, Part 45, military members and authorized claimants may file claims or appeals for personal injury or wrongful death resulting from medical malpractice by Department of Defense (DoD) healthcare providers. The DHA OGC requires expert actuarial assessments to determine potential damages, assess lost future earnings, calculate offsets, review claimant-submitted reports, and review Military Department-developed damages calculation.

1.4 Objectives

· Secure timely, standard-compliant, and legally defensible economic/actuarial reports on military medical malpractice claims or appeals.

· Produce robust, evidence-backed rebuttal reports analyzing claimant-submitted economic assessments, and Military Department-developed damages calculation on appeal cases.

· Receive prompt and precise responses to follow-up and clarification questions.

1.5 Scope: The contractor shall prepare expert economist/actuarial reports and rebuttal reports and respond to follow-up questions of clarification on military medical malpractice claims. These assessments require calculating net present value of lost future earnings (across military and post-military civilian careers), adjustments for personal consumption, evaluations of residual earning capacity, and detailed offset calculations under 32 CFR Part 45. The Contractor shall serve as a consultant to the Government legal team and not act as a representative for the Government. The Contractor shall maintain strict legal privilege and confidentiality while providing the services to the Government.

1.6 Period of Performance (PoP): The period of performance shall be a Base Period of twelve (12) months, with four (4) twelve-month option periods, to be exercised at the discretion of the Government., and one (1) six- month extension in accordance with 52.217-8.

1.6.1 Transition: Reserved.

1.7 Administrative specifications

1.7.1 Place of performance: The primary place of performance shall be at the Contractor’s facility (remote performance). The contractor must ensure secure electronic delivery of all reports and models to the designated Government electronic mailboxes.

1.7.2 Recognized Federal holidays:

Independence Day

1.7.3 Hours of operation: The contractor is responsible for conducting business Monday through Friday except Federal holidays. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS

1.7.4 Emergency Services:. Not Applicable

1.8 Contractor travel: Reserved.

1.9 Other Direct Costs (ODC): Reserved.

1.10 Quality

1.10.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure nonrecurrence of defective services. The QCP shall outline the review processes used to verify the mathematical accuracy, logical consistency, and regulatory compliance of all economic and actuarial calculations before delivery to the Government. The contractor shall submit a comprehensive written QCP to the CO and COR within thirty (30) days of contract award The contractor’s QC program is the means by which the work complies with stated requirements. After acceptance of the Quality Control Plan (QCP) the contractor shall receive the CO’s acceptance in writing of any proposed change to his QC system. See Part 7, Technical Exhibit 1 - CDRL A001.

1.10.2 Quality assurance (QA): The government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan provides a systematic method for the Government to evaluate performance and to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.11 Contractor personnel

1.11.1 CAC requirements: For all contractors who will work in Government facilities, the Facilities Security Officer (FSO)/Company's Security point of contact (POC) will provide the Government all the required information per the DHA CAC request process current version 3.2, February 2026, or more recent when updated. See process attached at Part 7 Section 7.1.1 of the PWS. A CAC is the standard identification for eligible DoD contractor personnel.

1.11.1.1 The contractor shall return all CACs to the COR upon the departure of the contractor(s).

1.11.2 Contractor onboarding and training. The contractor shall complete all requirements, training, and forms as prescribed in the following requirements:

1.11.2.1 The DHA’s “Onboarding Checklist for Contractor Employees” is located at the DHA Onboarding and Offboarding Portal at https://info.health.mil/cos/admin/hr/IO/SitePages/Home.aspx

1.11.2.2 The DHA’s contractor training instructions embedded at Part 7 Section 7.1.2.

1.11.2.3 The contractor shall comply with onboarding requirements of the DHA for contractors needing to be issued CAC identification, including DoD- and DHA-directed training and forms submission, prior to network access, as displayed in the In/Out-Processing Portal at: https://info.health.mil/cos/admin/hr/IO/SitePages/home.aspx (note: Public Key Infrastructure (PKI)-restricted, printed versions available).

1.11.2.4 The DHA’s new employee handbook at Part 7 Section 7.1.4.

1.11.3 Physical Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. files, medical records, and legal details, ensuring compliance with HIPAA Privacy Rules and the Privacy Act of 1974.

1.11.4 Key control: Not Applicable

1.12 Key personnel (Contractor): The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the CO. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between, Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons. Qualifications for all key personnel are listed below:

· Experience: Minimum of five (5) years of professional experience in preparing personal injury and wrongful death economic damage assessments.

· Qualifications: Demonstrated expertise in applying standard actuarial and macroeconomic methodologies.

1.13 Data rights: The Government shall have unlimited rights to all actuarial reports, rebuttal reports, underlying spreadsheets, formula models, and written clarifications generated by the contractor under this contract, in accordance with FAR 52.227-14.

1.14 Reporting

1.14.1 Contractor Manpower Reporting (CMR): RESERVED.

1.14.2 Non-Disclosure Agreement (NDA): All contractor personnel who will obtain access to sensitive claimant medical histories, tax records, and legal strategy, all contractor staff, including sub-contractors and consultants information or any information release of which is protected or governed by law or regulation associated with DHA acquisitions shall be required to complete and sign a DHA contractor NDA (DHA Form 49) prior to beginning work on the subject contract. The contractor shall execute an NDA on behalf of the company and shall ensure that all staff assigned to, including all subcontractors and consultants, or other personnel performing on contract/Task order execute an NDA protecting the procurement sensitive information of the Government and the proprietary information of other contractors. The NDA shall be executed not later than first day of employment and to be renewed upon exercising a contract option period. Assignment of staff who has not executed this statement or failure to adhere to this statement shall constitute default on the part of the contractor. The contractor shall maintain originally signed NDAs of individual employees and provide copy to the COR.

1.14.3 Government’s COR: The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor contractor's performance and notifies both the CO and contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.14.4 Post award conference/periodic progress meetings: The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with FAR Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.15 Contractor Identification

1.15.1 Contractor personnel performing services in a contractor capacity in a Government facility are required to possess and wear an identification badge that displays his or her name and the name of their company. All contractor personnel shall identify themselves as contractor support personnel in all forms of communication with all entities with whom DHA/Deputy Assistant Director for Acquisition (DAD-A)/Head of the Contracting Activity (HCA) has business dealings. The contractor shall: Answer all telephone calls and have a personalized voice message with an introductory statement that includes the fact that the person is contractor support personnel. Ensure all those with whom the person interacts in any face-to-face dealings while supporting the DAD-A understands that the person is contractor support personnel. Include a title block in all emails that states the fact that the person is contractor support personnel. Ensure all those with whom the person interacts in any face-to-face dealings while supporting DHA/DAD-A/HCA understands that the person is contractor support personnel.

1.15.2 Contractor personnel will be required to attend meetings or otherwise communicate with Government and/or other contract representatives to meet the requirements of this order. Contractor personnel shall make their contractor status known during introductions.

1.15.3 Contractor personnel, while performing in a contractor capacity, are prohibited from using their retired or reserve component military rank or title in any written or verbal communications associated with the contracts in which they provide services.

1.16 Contractor Access to Health Affairs (HA)/DHA Network(s)

1.16.1 FSO/Company's Security POC shall notify the DHA Personnel Security Office after being awarded a contract that requires access to a DoD system (If applicable, if not delete 1.16.1 and 1.16.2 and replace to 1.16 Reserved). Contractor personnel requiring access to the HA/DHA networks for performance of their tasks require a background investigation and the security awareness training. The contractor shall be prepared for this process as it could take two (2) or more weeks. The FSO/Security POC shall submit a Standard Form (SF) 85/86 to DHA's Personnel Security Office for a background investigation.

1.16.2 Company's FSO/Security POC must notify the Personnel Security Office when the contractor has submitted the SF-85/86. The FSO/Security POC, or the COR must notify the DHA Personnel Security Office in writing of a contractor's termination from the contract, including the termination date.

1.17 Personnel Security

1.17.1 Personnel Security Requirements

This clause establishes requirements and processes for the Personnel Security Screenings for Defense Health Agency Contractor personnel and any subcontractors in performance of this contract, in accordance with Department of Defense (DoD) and federal regulations.

1.17.1.1 General Requirements

The Contractor shall ensure that all personnel performing work under this contract comply with the applicable Department of Defense (DoD) personnel security requirements as outlined in DoD Manual 5200.02, DoD Instruction 5200.46, DoD Instruction 1402.05, and all other relevant regulations. The Contractor shall verify that all personnel performing duties under this contract are suitable for access to Controlled Unclassified Information (CUI) and/or secure facilities, as determined by the appropriate security clearance level and background checks.

1.17.1.2 Background Investigations

All personnel performing duties on this contract must be vetted by the Defense Health Agency (DHA) Administration Security Division (ASD). Procedures and requirements for submission can be found in DHA Administrative Instruction 5200.04, 5200.05, and DHA Internal Policy Memorandums. Vetting packages must be submitted for processing by the assigned Contracting Officers Representative (COR) or Facility Security Officer (FSO) depending on Personnel Security office of primary responsibility.

1.17.1.2.1 Minimum Background Investigation

All personnel performing duties on this contract must undergo, at a minimum, a Tier 3 (Non-Critical Sensitive/Suitability Determination), or equivalent background investigation as required by the Office of Personnel Management Federal Investigation Standards. The Contractor shall submit all required background investigation requests to the appropriate security office. Any personnel who are found to be unsuitable shall be removed from the project at the direction of the Agreements Officer or ASD Personnel.

1.17.1.2.2 Access to Sensitive Information and Moderate Risk Information Systems Personnel assigned to this contract who require access to specific categories of sensitive/controlled unclassified information and access to Unclassified Moderate Risk Information Systems may be subject to a higher Tier background investigation with a favorable final determination. Personnel falling into this category must have a valid need-to-know, determined by the Contracting Officer or COR. In situations where this paragraph applies, a justification memorandum must be submitted with the security package as described in paragraph

1.17.1.2.2.1 At a minimum, this memorandum should clearly identify the contract employee; Names, access requirements, and permission levels of the information system(s) required to perform duties on this contract; shall be endorsed by the applicable Information Systems Security Officer (ISSM), confirming the system requirements; signed by the government official validating the contract employee’s need-to know.

Access to classified information is not required to perform duties on this contract therefore investigations processed by ASD will not result in a National Security determination. The Contracting Officer has identified the staffing requirement to be base number (MAXIMUM 16) at T-2 level. The US Government will initiate up to base number + 25 % (MAXIMUM 16) background investigations over the life of the contract. Requests in excess of this amount will require Contracting Officer approval. Comment by Shoup, Derek W (Derk) CIV DHA DHA OGC (USA): Is this saying that up to 53 background investigations will be needed over the life of the contract? That seems a lot higher than what we expect to need. Comment by JONES-BULLOCK, Felicia R CTR DHA (USA): We should ask the security office? Comment by JONES-BULLOCK, Felicia R CTR DHA (USA): I think this is an example of a requirement, but we can ask Comment by Reid, Brittany CIV DHA PER & ADMIN J1 (USA): This requirement is typically left blank for the requirements owner to fill in. Please update the number to reflect the required number of investigations needed for this contract. Comment by Shoup, Derek W (Derk) CIV DHA DHA OGC (USA): I updated the requirement to 16. For the next sentence about adding 25%, should the number be listed as 16 or as 20? Twenty-five percent of 16 is 4. Adding 4 to 16 equals 20. Comment by Shoup, Derek W (Derk) CIV DHA DHA OGC (USA): We might only need about three contractors at a time to have a security clearance, but over the life of a 5-year or 5.5-year contract, that could be about 16 people.

IT-II Level (Limited Privileged): Positions in which the contractor is responsible for the direction, planning, design, operation, or maintenance of a computer system, and whose work is technically reviewed at the IT-II Position level by a higher authority to ensure the integrity of the system. Personnel whose duties meet the criteria for an IT-II Position require a favorably adjudicated T-3.

1.17.1.3 Background Checks Supporting Local Anti-Terrorism/Force Protection Requirements Screenings conducted by ASD will be limited to those required to perform duties as described in this statement of work. The Defense Health Agency does not control Military Installation Physical Security requirements, supplemental background checks may be required to for entry. Additional costs associated with processing supplemental background checks are not covered within this contract.

1.17.2 Controlled Unclassified Information

Controlled Unclassified Information under this contract shall be safeguarded as specified in DoD Instruction 5200.48 Controlled Unclassified Information (CUI).

1.17.2.1 Access to CUI

Prior to accessing CUI, all personnel must have completed a Personnel Security screening as described in paragraph 1.17.1.2 Background Investigations and received, at a minimum, a favorable HSPD-12 interim determination

CUI requires safeguarding measures identified by the CUI EA in Part 2002.14 of Title 32, CFR and, as necessary, in the law, regulation, or government-wide policy with which it is associated. DoD CUI may be disseminated to DoD personnel to conduct official DoD and U.S. Government business in accordance with a law, regulation, or government-wide policy.

· (1) No individual may have access to CUI information unless it is determined he or she has an authorized, lawful government purpose.

· (2) The person with authorized possession, knowledge, or control of CUI will determine whether an individual has an authorized, lawful government purpose to access designated CUI.

· (3) CUI information may be disseminated within the DoD Components and between DoD Component officials and DoD contractors, consultants, and grantees to conduct official business for the DoD, provided dissemination is consistent with controls imposed by a distribution statement or limited dissemination controls (LDC).

· (4) CUI designated information may be disseminated to a foreign recipient in order to conduct official business for the DoD, provided the dissemination has been approved by a disclosure authority in accordance with Paragraph 3.4.c. and the CUI is appropriately marked as releasable to the intended foreign recipient.

Contractors shall ensure all employees and subcontractors granted access to CUI are informed of their responsibilities under this clause and applicable laws and policies.

1.17.3 CUI Protection, Handling, and Marking Requirements

Handling: Access to CUI material shall be limited to those employees needing the material to perform their duties. The CUI marking is assigned to documents and material created by a DoD User Agency. CUI is not a classification but requires extra precautions to ensure it’s properly safeguarded and disseminated and is not released to the public without government authorization.

Marking: All CUI shall be marked in accordance with DoDI 5200.48 and 32 CFR Part 2002. The minimum marking shall include:

· The "CUI" designation at the header and footer of each page, presentation, spreadsheet, e-mail, etc.

· Category markings (if applicable) and dissemination controls;

· The first page or cover of any document or material containing CUI, including a document with commingled classified information, will include a CUI designation indicator.

· Portion markings are encouraged, but not required unless specified.

Emails containing CUI must include the acronym "CUI" in the subject line, attachments containing CUI and appropriate CUI markings in the header and footer. E-mails containing CUI should be encrypted.

CUI material released to a contractor by a DoD user agency must have the following statement on the front page or cover:

THIS DOCUMENT CONTAINS CUI MATERIAL AND MUST BE REVIEWED BY A GOVERNMENT REPRESENTATIVE UNDER THE REQUIREMENTS OF DODI 5200.48, DODI 5230.09, and DODI 5230.29.

Storage: During normal duty hours, steps will be taken to minimize the risk of access by unauthorized personnel, such as not reading, discussing, or leaving CUI information unattended where unauthorized personnel are present. Use a CUI cover sheet for single layer protection. After normal duty hours, CUI information will be stored in unlocked containers, desks, or cabinets if the government or government-contract building provides security for continuous monitoring of access. If building security is not provided, the information will be stored in locked desks, file cabinets, bookcases, locked rooms, or similarly secured areas. The concept of a controlled environment means there is sufficient internal security measures in place to prevent or detect unauthorized access to CUI. Expenditure of funds for security containers or closed areas solely for the protection of CUI material is prohibited.

Transmission: CUI information and material may be transmitted via first class mail, parcel post, or, bulk shipments. When practical, CUI information may be transmitted electronically (e.g., data, website, or e-mail), via approved secure communications systems or systems utilizing other protective measures such as Public Key Infrastructure or transport layer security (e.g., https). Avoid wireless telephone transmission of CUI when other options are available. CUI transmission via facsimile machine is permitted; however, the sender is responsible for determining whether appropriate protection will be available at the receiving location before transmission (e.g., facsimile machine attended by a person authorized to receive CUI; facsimile machine located in a controlled government environment).

Unauthorized Disclosure: Report misuse, mishandling, or Unauthorized Disclosure of CUI to the Unauthorized Disclosure Program Management Office, the Controlling Agency and the appropriate Military Department Counterintelligence Organization. While Unauthorized Disclosure of CUI does not constitute a security violation, a formal security inquiry/investigation is required if administrative action will be taken against the individual(s) responsible. Unauthorized Disclosure of certain CUI, such as export controlled-technical data, may also result in civil and criminal sanctions against responsible persons based on procedures codified in relevant law, regulation, or government-wide policy.

Processing: Unclassified Automated Information Systems (AIS) used to process CUI under this contract must meet the basic security requirements listed in the NIST SP 800-171 REV 2, “Protecting Controlled Unclassified Information in Non-Federal Systems and Organizations”, 21 February 2020. AIS accredited and approved for processing classified information under this contract are also approved to process DoD CUI.

Dissemination: CUI may be disseminated between officials of DoD Agencies, DoD contractors, consultants and grantees to conduct official business for the DoD provided the dissemination is consistent with controls imposed by a Distribution Statement or Limited Dissemination Controls (LDC). Guidance on Distribution Statements and LDCs will be provided separately by the government for any prescribed CUI Specified information. CUI always requires Foreign Disclosure Decision before release outside of DoD Agencies, DoD contractors, consultants and grantees.

Destruction: When the CUI material no longer meets the threshold for safeguarding and dissemination, it shall be immediately decontrolled, be processed through the records management process, and destroyed by the approved methods identified in DoDI 5200.48 precluding its disclosure to unauthorized individuals by rendering it unreadable, indecipherable, and irrecoverable.

1.17.4 Common Access Card Issuance

Common Access Card (CAC) issuance requires, at a minimum, a favorably adjudicated Tier 1 (T1) or higher investigation in accordance with DODI 5200.46. The contractor employee will be issued a CAC only if duties involve one of following:

(1) Both physical access to a DOD facility and access, via logon, to DOD networks on-site or remotely;

(2) Remote access, via logon, to a DOD network using DOD-approved remote access procedures; or

(3) Physical access to multiple DOD facilities or multiple non-DOD federally controlled facilities on behalf of the DOD on a recurring basis for a period of six-months or more.

A CAC may be issued on an interim basis once a Tier 1 has been successfully scheduled with the Defense Counterintelligence and Security Agency (DCSA) and a favorable Federal Bureau of Investigation (FBI) fingerprint results.

1.17.4.1 Mission Partner Identity, Credential and Access Management Process Mission Partner Identity, Credential and Access Management (MP ICAM) (formerly known as Trusted Associate Sponsorship System (TASS)): The contractor shall process CAC applications through the MP ICAM, the procedures for which are described below. Although there is no requirement for the contractor to designate a “Corporate Facility Security Officer" (FSO) to serve as its single point of contact for the BI, the MP ICAM application process and other CAC and security-related matters, such designation facilitates these processes. If a Corporate FSO is not established, all contractor employees requiring a CAC will be required to process their own applications. The submission process for CAC applications is as follows:

1. The contractor's FSO or COR shall submit requests for a CAC via email to the designated Mission Partner Affiliation Sponsor (MPAS) (formerly known as the Trusted Agent (TA)).

2. The Government will establish a MP ICAM application account for each CAC Request and each contractor employee will receive (2) automated emails from MP ICAM; a user ID and password. The contractor employee or designated proxy shall access the MP ICAM account and complete the CAC application. Once completed, the contractor employee will submit the completed application to the MPAS for next steps.

3. An automated email triggered by the MPAS will inform the contractor applicant one of the following:

a. Approval * Upon approval, the information is transferred to the DEERS database and an email notification is sent to the contractor with instructions on obtaining their CAC. The contractor proceeds to a RAPIDS station (RAPIDS Site Locator: https://idco.dmdc.osd.mil/idco/).

b. Rejection * The Government sponsor, in separate correspondence, will provide reason(s) for rejection.

c. Return * Additional information or correction to the application required by the contractor employee.

d. Transfer * Upon transfer, the contractors MP ICAM profile is now assigned to a different contract and/or MPAS for further management.

1.17.5 Foreign Nationals

The Contractor shall immediately notify the Contracting Officer of any foreign national personnel assigned to work on this contract. The Contracting Officer, in consultation with the Security Office and Foreign Disclosure Officer, will determine the eligibility of foreign national personnel for access to sensitive information and ensure compliance with applicable security protocols.

1.17.6 Security Training

The Contractor shall provide personnel security training to all employees working under this contract. Such training shall cover all applicable security requirements, including handling of classified material, protection of sensitive information, and security breach reporting procedures.

1.17.7 Reporting of Security Violations

The Contractor shall immediately report any security violations or potential security risks, including unauthorized access, mishandling of protected information, or any personnel security issues, to ASD through the COR. The Contractor shall cooperate fully with any security investigations and take any prescribed corrective action as required by the Contracting Officer.

1.17.8 Termination of Personnel

The Contractor must immediately notify the Contracting Officer and ASD if the employment of any personnel performing duties on this contract is terminated. If applicable, all visit authorizations should be canceled as soon as reasonably practicable.

1.17.9 Documentation and Records

The Contractor shall maintain records of all personnel security clearances, background investigations, and security training for the duration of the contract. These records shall be made available to the Contracting Officer or authorized ASD representatives upon request.

PART 2

2.0 DEFINITIONS, ACRONYMS, AND APPLICABLE PUBLICATIONS/INSTRUCTIONS

2.1 Definitions:

2.1.1 Category D: Information Technology (IT) and Telecommunications Services (called D-Services)

2.1.2 Category R: Support (Professional/Administrative/Management) Services (called R-Services)

2.1.3 Actuarial Report: A comprehensive economic damage assessment report detailing calculations of lost future earnings, lost benefits, offsets, and other standard economic damages.

2.1.4 Contracting Officer (CO): A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.1.5 Contracting Officer’s Representative (COR): An individual, including a contracting officer’s technical representative (COTR), designated and authorized in writing by the CO to perform specific technical or administrative functions. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.6 Nonpersonal services contract: a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance. The Government may either prepare the QASP or require the offerors to submit a proposed quality assurance surveillance plan for the Government’s consideration in development of the Government’s plan.

2.1.8 Personal Consumption Rate: The percentage of earnings deducted from a deceased individual's projected income to account for their self-maintenance, calculated based on the number and age of dependents.

2.1.9 Rebuttal Report: A formal written analysis highlighting errors, logical gaps, or skewed assumptions in the claimant’s economist or actuarial report, or in Military Department damages calculation in cases on appeal.

2.1.10 Residual Earning Capacity: The remaining capacity of an injured claimant to earn income post-injury, factoring in their military or civilian career potential and disability rating.

2.2 Acronyms:

2.3 Applicable Publications, DHA Administrative Instructions (AI), etc.

· Title 10, United States Code, Section 2733a (Claims Only Against the United States for Personal Injury or Death Caused by Providers of Medical Care)

· Title 32, Code of Federal Regulations, Part 45 (Medical Malpractice Claims by Members of the Uniformed Services)

· Department of Veterans Affairs (VA) Schedule for Rating Disabilities (38 CFR Part 4)

· DoD Manual 6025.18 (Implementation of the HIPAA Privacy Rule in DoD Health Care Programs)

PART 3

3.0 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

The Requiring Activity Authority has assessed the need for Government Furnished Property, Equipment, and Services and determined:

3.1 Services: The Government:

☐ Will NOT provide Government Furnished Services in support of this contract/task order. As a result, this paragraph is Not Applicable.

☒ WILL provide Government Furnished Services required in support of this contract/task orders. These Services are described below: DHA OGC will provide complete access to unredacted case files, claimant's economist/actuary reports (for rebuttals), and medical, financial, or service record evidence necessary to complete the required economic assessments.

3.2 Facilities: The Government:

☒ Will NOT provide Facilities in support of this contract/task order. As a result, this paragraph is Not Applicable.

☐ WILL provide Facilities in support of this contract/task orders. The Government provided Facilities are described below:

3.3 Utilities: The Government:

☒ Will NOT provide Utilities in support of this contract/task order. As a result, this paragraph is Not Applicable.

☐ WILL provide Utilities in support of this contract/task orders.

3.4 Equipment: The Government:

☐ Will NOT provide Equipment in support of this contract/task order. As a result, this paragraph is Not Applicable.

☒ WILL provide Equipment in support of this contract/task orders. The Government provided Equipment is described below: The Government will issue laptop computer(s), as required, to Contractor personnel supporting this requirement. Contractor personnel shall be responsible for safeguarding and properly using all Government-furnished equipment in accordance with applicable DHA and Department of Defense policies and procedures.

3.5 Materials: The Government:

☐ Will NOT provide Materials in support of this contract/task order. As a result, this paragraph is Not Applicable.

☒ IS providing Materials in support of this contract/task orders. The Government-provided Materials are described below: Electronic access to claim files, legal briefs, medical board proceedings, tax forms, service history documents, and related case materials.

PART 4

4.0 CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 Services: The Contractor:

☐ Will NOT provide Contractor Furnished Services in support of this contract/task order. As a result, this paragraph is Not Applicable.

☒ WILL provide Contractor Furnished Services required in support of this contract/task orders. These Services are described below: The Contractor shall furnish all services necessary to perform work listed under Section 5 of the PWS.

4.2 General: The contractor shall furnish all supplies, equipment, facilities and services required to perform work listed under Section 5 of this PWS.

4.3 Secret Facility Clearance: Reserved

4.4 Materials: The Contractor shall furnish all supplies, professional actuary data sources, and services required to perform the work listed under Section 5 of this PWS.

4.5 Equipment: Not applicable

4.6 Facilities: Work shall be accomplished at the Contractor’s facility.

PART 5

5.0 SPECIFIC TASKS

The contractor shall perform economist and actuarial services for military medical malpractice claims or appeals filed pursuant to 10 U.S.C. § 2733a and 32 CFR Part 45. All calculations, data sources, and methodologies used must be standard in the actuarial and economic professions.

5.1 Actuarial Report Calculations:

The estimated case load for this task is 25 cases per year. For each assigned case, the contractor shall produce a comprehensive economic assessment containing the following detailed calculations:

5.1.1 Net Present Value (NPV) of Lost Future Earnings:

5.1.1.1 For Death Cases: Based upon the claimant’s pre-injury condition and duration of the deceased’s pre-injury work-life expectancy, calculate:

(a) The claimant’s anticipated military career earnings.

(b) The claimant’s potential post-military civilian career earnings.

(c) An estimated personal consumption deduction, justified and adjusted based upon the number and age of dependents.

(d) Cumulative totals and annual totals.

5.1.1.2 For Non-Permanent Incapacitation (but not death): For the duration until the DoD determines that the claimant is, or is expected to be, medically rehabilitated and able to resume employment, project:

(a) Pre-injury gross future earnings.

(b) Post-injury gross future earnings, including anticipated military career and potential post-military civilian career.

5.1.1.3 For Permanent Incapacitation (but not death): For the duration until the expiration of the claimant’s pre-injury work-life expectancy, project:

(a) Pre-injury gross future earnings.

(b) Post-injury gross future earnings, including anticipated military career and potential post-military civilian career.

5.1.2 Residual Earning Capacity & Disability Percentage: Account for residual earning capacity in non-death cases and the disability percentage derived from the VA Schedule for Rating Disabilities. The contractor shall provide an additional, separate calculation of residual earning capacity if the specific case evidence justifies a different amount of lost earning capacity.

5.1.3 Lost Future Retirement Benefits (TSP): Calculate lost future retirement benefits to the Thrift Savings Plan (TSP) where the preponderance of evidence indicates that the injured party would have received these, discounted to present value after appropriate deductions.

5.1.4 Lost Government TSP Contributions: Calculate future lost government contributions to the TSP where the preponderance of evidence indicates that the injured party would have received these, discounted to present value after appropriate deductions.

5.1.5 Lost Social Security Benefits: Calculate lost future Social Security retirement benefits, discounted to present value after appropriate deductions.

5.1.6 Value of Lost Household Services: Calculate the value of lost household services when the claimant can no longer perform essential household services on their own behalf, including activities of daily living (ADLs). This must exclude goods and services the claimant is entitled to receive from, or be reimbursed for by, the VA or DoD. This calculation shall only include services the injured claimant needs, not the needs of family members after the injured claimant’s death.

5.1.7 Offset Calculations: Calculate offsets at 32 CFR 45.11(e) for government-funded VA/DoD benefits and VA/DoD medical care. Utilize the present value of future payments and benefits, assuming lifetime payments or benefits regardless of remarriage (remarriage does not terminate the payment or benefit).

5.2 Task 2: Actuarial Report Standards, Deliverables, and Formatting The contractor shall ensure that all Actuarial Reports satisfy the following qualitative and administrative standards:

5.2.1 Suitable for Disclosure: Every report must be written in a manner suitable for disclosure to claimants and/or their counsel.

5.2.2 Preservation of Privilege: Reports must not contain privileged communications with government counsel.

5.2.3 Electronic Spreadsheet Model: Provide a functional, unlocked electronic spreadsheet model (Microsoft Excel format) containing all underlying formulas, variables, and calculations used to derive the damages and offset figures.

5.2.4 Justifications: Describe all actuarial and macroeconomic assumptions, methodologies used and identify all data sources. Provide a personal consumption rate and discount rate, including the justification for each.

5.2.5 Offset Ledger: Contain a dedicated, line-item schedule detailing the present value of all offsets under 32 CFR 45.11, explicitly separating TRICARE coverage, VA disability compensation attributable to the disability resulting from the malpractice, and VA Dependency and Indemnity Compensation (DIC) attributable to the disability resulting from the malpractice.

5.2.6 Executive Summary: Contain an Executive Summary Table of a standardized "Damages vs. Offsets Ledger" on the first page of the report.

5.2.7 Submission Timeline: Actuarial Reports and Excel models shall be completed and delivered via email within thirty (30) calendar days of the contractor's receipt of case materials.

See Part 7, Technical Exhibit 1 - CDRL A002.

5.3 Task 3: Rebuttal Reports

The estimated case load for this task is 25 cases per year. Upon receipt of a claimant's economist or actuarial report, or upon receipt of a Military Department’s damages calculation for a case on appeal, the contractor shall prepare a formal Rebuttal Report using data and methodologies standard in the profession.

5.3.1 Errors & Weaknesses: The rebuttal report shall specifically rebut errors in the claimant’s report, and rebut errors in the Military Department’s damages calculation, and thoroughly explain any weaknesses or skewed assumptions.

5.3.2 Submission Timeline: Rebuttal Reports shall be completed and delivered via email within thirty (30) calendar days of receiving the claimant’s economist/actuarial report, or of receiving a Military Department’s damages calculations for a case on appeal.

See Part 7, Technical Exhibit 1 - CDRL A003.

5.4 Task 4: Follow-up Questions and Clarifications

The estimated need for this task is 25 iterations per year. The contractor shall respond to follow-up questions and questions of clarification raised by the government legal team.

5.4.1 Submission Timeline: All written clarifications and responses must be completed and delivered via email within fourteen (14) calendar days of receiving the questions.

See Part 7, Technical Exhibit 1 - CDRL A004.

PART 6

6.0 INFORMATION TECHNOLOGY & SECURITY

6.1 All work under this contract is unclassified

6.2 The level and position sensitivity designation for positions under this contract is:

6.2.1 TIER II: Non-critical sensitive position

6.3 Personally Identifiable Information (PII)/Protected Health Information (PHI), Procurement, and Federal information requirements

6.3.1. Data Sharing Agreements (DSAs): Contractors requiring access to PII, which includes PHI, or access to de-identified data, are subject to the DHA Privacy and Civil Liberties Office (DPCLO) (Privacy Office) Data Sharing Program. This program requires DHA to enter into DSAs with parties outside the MHS who use or create MHS data. A DHA contract may use the term Data Use Agreement (DUA) rather than DSA. DSAs assure that outside parties protect MHS data in accordance with the Privacy Act and the HIPAA Rules. To apply for a DSA, the contractor submits a Data Sharing Agreement Application (DSAA) to the DHA DPCLO. The contractor submits the DSAA even if a subcontractor will be the party accessing MHS data. After review and approval of the DSAA, the Privacy Office provides a DSA to the contractor for execution.

6.3.2. Processing Procurement Sensitive Information: All individuals shall seek guidance from the CO regarding the coordination of documents, dissemination, and transmission of procurement sensitive information. Procurement sensitive information shall not be transmitted electronically unless encryption is utilized. Depending on a particular procurement, other restrictions may apply.

6.4 Training

6.4.1 Contractor employees performing cybersecurity/cyberspace functions shall comply with the following requirements:

6.4.1.1 Training: All contractor and associated subcontractor employees working Cybersecurity Information Assurance (IA)/Cyberspace functions must comply with DoD training requirements in Department of Defense Directive (DoDD) 8140.01 and DoD 8570.01-M. Contractors shall identify, document, track, and report qualifications of contract support personnel who perform cyberspace work roles.

6.4.1.2 Certification: The contractor shall ensure that personnel accessing IS have the proper and current IA certification to perform IA functions at contract award in accordance with DoD 8570.01–M, IA Workforce Improvement Program. The contractor shall meet the applicable IA certification requirements as outlined in DFARS 252.239-2001, including:

6.4.1.2.1 DoD-approved IA workforce certifications appropriate for each category and…