Department of Defense Defense Health Agency Performance Work Statement

Women, Infants, and Children Overseas Program Support Services TRICARE Overseas Program Office

Solicitation Number: HT9425-26-R-E004

PART 1

1.0 GENERAL INFORMATION

1.1 This is a non-personal services contract to provide program support services to the Women, Infants, and Children (WIC) Overseas Program.

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 program support services the WIC Overseas Program 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: The Department of Defense (DoD) offers the WIC Overseas nutrition program to eligible participants overseas. WIC Overseas is a program that provides families several important benefits such as; nutritious food, tips on how to prepare balanced meals, nutrition health screening, and access to other resources that shall help families lead healthier lives. For more information: http://www.tricare.mil/wic/.

The WIC Overseas program averages approximately 10,000 participants each month. The participant numbers fluctuate on a monthly basis and are subject to change.

1.4 Objectives: The contractor shall manage and support approximately 38 WIC Overseas offices at all Outside the Continental United States (OCONUS) sites that provide resources and support to members of the Armed Forces, civilian employees, and DoD contractors living overseas and their family members with WIC Overseas (nutritional and health) benefits. Maintain and enhance the WIC Information Technology (IT) system architecture to enhance program operations and facilitate information distribution.

1.5 Scope: This requirement provides for services, materials and equipment for program support services in support of the WIC Overseas program. The contractor shall manage and support the WIC Overseas offices at all OCONUS sites. The contractor shall manage the WIC Overseas Electronic Bank Transfer (EBT) processing system and account for Government funds. The contractor shall maintain an information infrastructure capable of supporting the WIC Overseas offices and maintain and enhance the Participant Information Management System (PIMS).

1.6 Period of Performance (PoP): The period of performance will consist of a 12-month Base Period, with a 60 days transition-in period inclusive of the base period; four (4) 12-month Option Periods. The last option period will include a 60-day transition-out period.

1.6.1 Transition:

1.6.1.1 Transition-in period: The period between the award date and full performance start date constitutes the Transition-In Period. Transition-In performance is defined as 60 calendar days after contract start. During the Transition-In Period, the contractor shall prepare to meet all contract requirements and ensure incoming personnel are functionally trained and qualified on the full performance start date except cybersecurity requirements, which must be fully adhered during transition and full performance periods. The contractor shall be fully staffed prior to the end of the 60-day Transition-In Period. The Government will make all required facilities, equipment, and materials accessible to the contractor during the Transition-In Period. The contractor shall provide the Government with a Transition-In Plan (Deliverable 2) for phasing-in contractor performance. The Transition-In Plan shall include the following items:

a. Coordination with Government representatives;

b. Review, evaluation and transition of current support services;

c. Transition of historic data to new contractor system;

d. Government-approved training and certification process;

e. Transfer of hardware warranties and software licenses;

f. Transfer of all System/Tool documentation to include, at a minimum: user manuals, system administration manuals, training materials, disaster recovery manual, configuration control documents and all other documents required to operate, maintain and administer systems and tools;

g. Transfer of compiled and uncompiled source code, to include all versions, maintenance updates and patches;

h. Orientation phase and program to introduce Government personnel, programs, and users to the contractor's team, tools, methodologies, and business processes;

i. Distribution of contractor purchased Government owned assets, including facilities, equipment, furniture, phone lines, computer equipment, etc.;

j. Transfer of applicable Government Furnished Property (GFP), Government Furnished Equipment (GFE), and Government Furnished Information (GFI), and GFP/GFE inventory management assistance,

k. Applicable DHA briefing and personnel in-processing procedures; and

l. Coordinate with the Government to account for Government keys, ID/access cards, and security codes.

1.6.1.1.1 The contractor shall comply with transition-in requirements of the DHA, as listed in paragraph 1.11.1, for contractors needing to be issued Common Access Card (CAC) identification, including (DoD) and DHA-directed training and forms submission, prior to network access.

1.6.1.2 Transition-out period: The period of time 30 calendar days prior to the end of the award date. Transition-Out performance is defined as period of performance where the incumbent contractor shall orient the new contractor and/or Government entity to project status, including statistics. This 30-day period will run concurrently with the final days of the period of performance. The contractor shall prepare a Transition-Out Plan (Deliverable 3) during the last option period to be approved by the Government No Later Than (NLT) 120 days before contract period of performance expiration. The Transition-Out Plan shall include the following items:

a. Coordination with Government representatives and successor staff;

b. Review, evaluation and transition of current support services;

c. Transition of historic data to new contractor system;

d. Government-approved training and certification process;

e. Transfer of hardware warranties and software licenses (if applicable);

f. Transfer of all necessary business and/or technical documentation;

g. Transfer of compiled and uncompiled source code, to include all versions, maintenance updates and patches (if applicable);

h. Orientation phase and program to introduce Government personnel, programs, and users to the contractor's team, tools, methodologies, and business processes;

i. Disposition of contractor purchased Government owned assets, including facilities, equipment, furniture, phone lines, computer equipment, etc.;

j. Transfer of applicable GFP, GFE and GFI, and GFP/GFE inventory management assistance;

k. Applicable DHA debriefing and personnel out-processing procedures; and

l. Turn-in of all Government keys, ID/access cards, and security codes.

m. Software Transition Support: The contractor shall provide support for transition of the delivered software/software components to the Government or Government-specified contractor, to include performing software test and verification, training, and corresponding documents that provide information on the use and maintenance of the software and its components.

1.6.1.2.1 The contractor shall comply with transition-out requirements of the DHA for contractors who have been issued a CAC or who generate “records”, as defined by DoD (records manual), including DoD-directed disposition of records, and others displayed on the In/Out (I/O) Processing Portal.

1.7 Administrative specifications

1.7.1 Place of performance: The contractor shall perform primary activities at the WIC Overseas sites located at the military installations listed below.

The following office locations currently see WIC Overseas participants. Each office location has an estimated number of participants listed. These participant numbers are estimates and will fluctuate.

GERMANY

Ansbach - 164 Baumholder - 231 Garmisch - 7 Grafenwoehr - 402 Hohenfels - 142 Kleber - 169 Ramstein - 650 Spangdahlem - 260 Stuttgart - 201 Vilseck - 295 Wiesbaden - 296

BELGUIM

Shape - 49

NETHERLANDS

Brunssum - 42

ITALY

Aviano - 355 Livorno - 17 Naples - 152 Sigonella - 132 Vicenza - 325

SPAIN

Rota - 203

UNITED KINGDOM

Alconbury - 64 Croughton – 59 Lakenheath - 866

CENTRAL AMERICA

GTMO Bay - 22

KOREA

Camp Humphreys - 893 Daegu - 152 Osan - 196

OKINAWA

Camp Courtney - 323 Camp Foster - 442 Camp Kinser - 135 Kadena – 866

MAINLAND JAPAN

Atsugi - 172 Iwakuni - 280 Misawa - 302 Sasebo - 124 Yokosuka - 572 Yokota - 327 Zama – 88

KINGDOM OF BAHRAIN

Bahrain – 25 Embassies and Remote Locations Served, with No WIC Overseas Office. These appointments are held telephonically and the EBT cards are mailed out or the contractor does the shopping and ships the items depending on the participant’s location. These locations and number of participants are estimates and are expected to fluctuate.

Doha, Qatar - 1 Madrid, Spain - 1 Ottawa, Canada - 2 Papa, Hungary – 5 Pine Gap, Australia - 5 Rome, Italy – 2 Singapore - 4 Stavanger, Norway – 5

Overseas Office Space, with NO WIC Overseas office. No participants are seen at this location. This is the office location for the European Theater Liaison and one Administrative Assistant.

Sembach, Germany

1.7.2 Recognized Federal holidays: The contractor is not required to perform services on holidays.

Independence Day

1.7.3 Hours of operation: The contractor is responsible for conducting business Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The WIC Overseas offices range from full-time operations to part-time operations depending on the number of participants at each location. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons.

1.7.4 Emergency Services/Contingency Operations Plan: On occasion, services may be required to support an activation or exercise of contingency plans outside the normal duty hours. The contractor shall prepare and submit a Contingency Operations Plan (Deliverable 4) to the Government to specify planning for the remediation of specific systems, equipment, software, and/or operations in the event of critical impact resulting from natural, accidental, or intentional events. The Contingency Operations Plan shall document contractor plans and procedures to maintain DHA support during an emergency. The Contingency Operations Plan shall include the following:

a. A description of the contractor’s emergency management procedures and policy;

b. A description of how the contractor shall account for their employees during an emergency;

c. Planned temporary work locations or alternate facilities;

d. How the contractor shall communicate with DHA during emergencies;

e. A list of primary and alternate contractor points of contact, each with primary and alternate:

a. Telephone numbers and

b. E-mail addresses;

f. Procedures for protecting GFP/GFE (if any); and

g. Procedures for safeguarding sensitive and/or classified Government information (if applicable).

1.7.4.1 Operations During Emergency Situations: Individual contingency operation plans shall be activated immediately after determining that an emergency has occurred, shall be operational within twelve (12) hours of activation, and shall be sustainable until the emergency situation is resolved and normal conditions are restored or the contract is terminated, whichever comes first. In case of a life-threatening emergency, the Contracting Officer Representative (COR) will immediately make contact with the Contractor Program Manager to ascertain the status of any contractor personnel who were located in Government controlled space affected by the emergency. When any disruption of normal, daily operations occurs, the Contractor Program Manager shall promptly open an effective means of communication with the COR and verify:

a. Key points of contact (Government and contractor);

b. Temporary work locations (alternate office spaces, telework, virtual offices, etc.);

c. Means of communication available under the circumstances (e.g. email, webmail, telephone, FAX, courier, etc.); and

d. Essential work products expected to continue production by priority.

The Contractor Program Manager, in coordination with the COR, shall make use of the resources and tools available to continue DHA contracted functions to the maximum extent possible under emergency circumstances. The contractor shall obtain approval from the COR and Contracting Officer (CO) prior to incurring costs over and above those allowed for under the terms of this contract. Regardless of contract type, and of work location, contractors performing work in support of authorized tasks within the scope of their contract shall charge those hours accurately in accordance with the terms of this contract.

1.8 Contractor travel: The contractor shall be required to travel in and outside the United States. Contractor shall be authorized travel expenses consistent with the cost principles and procedures in Federal Acquisition Regulation (FAR) Part 31.2, Travel Costs and the limitations of funds specified in this contract. Arrangements for and costs of all travel, transportation, meals, lodging, and incidentals are the responsibility of the contractor. Travel costs shall be incurred and billed in accordance with FAR Part 31 and Joint Travel Regulations (JTR). Costs for these expenses above the micro-purchase threshold will be reviewed, certified and approved by the COR thirty (30) business days in writing prior to the arrangement of actual travel. All travel and transportation shall utilize commercial sources and carriers provided the method used for the appropriate geographical area results in reasonable charges to the Government. The Government will not pay for business class or first-class travel. Lodging and meals shall be reimbursed in accordance with regulations defined in FAR Part 31 and JTR.

This contract includes activity that will require contractor travel to destinations outside of the United States. The contractor shall ensure that assigned participants allow sufficient lead time to obtain valid passports, country clearances, and immunizations to support project activities. Travel is estimated below and has the potential to change throughout the period of performance.

Estimated Travel ODCs

Base Period (Inclusive of 60-day Transition In) – Travel ODC’s

Base Period (Inclusive of 60-day Transition In) - Local Travel

Base Period (Inclusive of 60-day Transition In) - Additional Local Travel

Option Period 1 - Travel ODC’s

Option Period 1 - Local Travel

Option Period 1 - Additional Local Travel

Option Period 2 – Travel ODC’s

Option Period 2 - Local Travel

Option Period 2 - Additional Local Travel

Option Period 3 – Travel ODC’s

Option Period 3 - Local Travel

Option Period 3 - Additional Local Travel:

Option Period 4 (Inclusive of 60-day Transition Out Period) – Travel ODCs

Option Period 4 - Local Travel:

Option Period 4 - Additional Local Travel:

1.9 Other Direct Costs (ODC): ODCs are separated into two categories for this contract – PWS sections 1.8 Travel ODCs and 1.9 Miscellaneous ODCs. ODCs shall be billed on a cost reimbursable basis. Costs are defined as the purchase price of materials or service. No Indirect Costs may be applied to ODC’s, including General and Administrative (G&A) charges or Material and Handling (M&H). As this is a Commercial contract, DHACA lacks the resources to approve indirect rates. Therefore, all Indirect rates should be built into the Fully Burdened Labor Rates which comprise the largest portion of this requirement. The COST elements of ODC’s are incidental to the overall price of the contract. Contractors are hereby notified that the ODC’s are direct charges only. **General and Administrative (G&A) charges or Material and Handling (M&H) charges are not allowed billings on the subsequent award. ** Contractors are hereby notified that the ODC’s are direct pass-through charges only. Profit/fee on ODCs is prohibited. All ODCs shall be reported as stated in the Monthly Progress Report (MPR) (Deliverable 6). The contractor shall be responsible for providing their own personal communication devices and service. ODCs will not be used to fund those items.

A brief description of miscellaneous ODCs are as follows:

The estimated miscellaneous ODCs NTE amounts are as follows:

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 contractor’s QC program is the means by which the work complies with stated requirements. The Quality Control Plan (QCP, Deliverable 5) will initially be submitted with the contractor’s proposal and any required updates shall be submitted in accordance with Part 8, 8.6 Deliverable/Delivery Schedule. After acceptance of the QCP, the contractor shall receive the CO’s acceptance in writing of any proposed change to his QC system. The QCP shall document how the contractor shall meet and comply with the quality standards established in this PWS. The QCP shall include a self-inspection plan, an internal staffing plan, and an outline of the procedures that the contractor shall use to maintain quality, timeliness, responsiveness, and customer satisfaction.

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, Part 9.1, Contract Attachment 2). 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 2.1, January 2018, or more recent when updated. See process attached at Part 9 Sections 9.3 and 9.4, Solicitation Attachments 5 and 6. 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 are located at Part 9 Section 9.5, Solicitation Attachment 7.

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 9 Section 9.6, Solicitation Attachment 8.

1.11.3 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.11.4 Key control: The contractor shall establish and implement methods of making sure all keys/key cards issued to the contractor by the Government are not lost or misplaced and are not used by unauthorized persons. NOTE: All references to keys include key cards. No keys issued to the contractor by the Government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the QCP. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the CO.

1.11.4.1 In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction of the CO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the replacement of locks or re-keying is performed by the Government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the Government and the total cost deducted from the monthly payment due the contractor.

1.11.4.2 The contractor shall prohibit the use of Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the CO.

1.11.5 Lock combinations: The contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the contractor’s QCP.

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 8:00 a.m. to 4:30 p.m., Monday thru Friday except Federal holidays or when the government facility is closed for administrative reasons.

1.12.1 The following positions have been identified to be filled by Key Personnel proposed for this award.

1.12.2 The approved Personnel identified to fill the Key Personnel positions shall be utilized as necessary to fulfill the requirements of this contract.

1.12.3 The contractor agrees that during the contract performance period substitution for Key Personnel shall not be permitted unless such substitution is necessitated by sudden illness, death, or change in employment conditions (e.g. termination, change in position, etc.). In any of these events, the contractor shall promptly notify the CO in writing and provide the information required by paragraph 1.12.4 below.

1.12.4 All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitution(s), a complete resume for the proposed substitute(s), and any other information requested by the CO needed to approve or disapprove the proposed substitution(s). Any proposed substitute or replacement key personnel shall have qualifications comparable to the individual being replaced, taking into account the requirements of the PWS. The CO or his authorized representative will evaluate such requests and promptly notify the contractor of his approval or disapproval thereof.

1.12.5 If any of the listed Key Personnel are subcontractor personnel, the contractor shall flow down the substance of this instruction in any subcontract which is awarded in support of this contract.

1.13 Data rights: The Government shall own all recorded information and/or data, regardless of the form or method of the recording, that is created, produced, or developed pursuant to the performance of this contract. The contractor may not use or disclose Government owned information or data without the written permission of the Contracting Officer, except as otherwise authorized by the terms of this contract. All Government owned information and/or data shall be returned to the Government at the conclusion of the contract unless the Contracting Officer grants specific exception. Notwithstanding the foregoing statements in this paragraph (i.e. 1.13), and pursuant to DFARS 252.227-7014(b)(4) and DFARS 252.227-7020, the contractor agrees that any and all computer software (as defined in DFARS 252.227-7014(a)(4)), computer software documentation (as defined in DFARS 252.227-7014(a)(5)), produced under this contract, and any other works first created, generated, or produced and required to be delivered under this contract (see DFARS 227.7106(d)), will be the property of the United States Government. Neither the contractor nor its personnel shall have an ownership interest in the computer software, computer software documentation, or other special works herein described.

1.14 Reporting

1.14.1 RESERVED.

1.14.2 Non-Disclosure Agreement (NDA): (Deliverable 1, Part 9.2, Solicitation Attachment 4) All contractor personnel who will obtain access to proprietary, classified, or confidential 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. 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 The contractor shall comply with DoD 8570.01-M, “Information Assurance Workforce Improvement Program, CH4” November 10, 2015 as amended; 8500.01, “Cybersecurity”, dated March 14, 2014; DoD Manual (DoDM) 6025.18, “Implementation of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule Compliance in DoD Health Care Programs” dated March 3, 2019, DoD Instruction (DoDI) 6025.18 “HIPAA Privacy Rule Compliance in DoD Health Care Programs”, dated March 13, 2019; and DoDM 5200.02 “Procedures for the DoD Personnel Security Program (PSP),” incorporation change 3, effective September 24, 2020. Contractor responsibilities for ensuring personnel security include, but are not limited to, meeting the following requirements:

1.17.1.1 Follow the DHA Personnel Security Office guidelines for submittal of security clearances. Contact the DHA Personnel Security Office for guidance on the appropriate background investigation required for personnel on the contract. The DHA Personnel Security Office can be reached at (703) 275-6038.

1.17.1.2 Initiate, maintain, and document personnel security investigations appropriate to the individual’s responsibilities and required access to Controlled Unclassified Information (CUI).

1.17.1.3 DHA Personnel Security Office does not deny any access to any automated information system (AIS), network, or Controlled Unclassified Information (CUI). If a contractor receives an unfavorable background investigation, the request for access will be sent back to the FSO for further action. Any unfavorable adjudication will result in DHA Personnel Security Office not signing off on any access request.

1.18 Organization Conflict of Interest (OCI): The FAR Part 9.5 prescribes responsibilities, general rules, and procedures for identifying, evaluating, and resolving OCIs, provides examples to assist COs in applying these rules and procedures to individual contracting situations; and implements section 8141 of the 1989 DoD Appropriation Act. The two (2) underlying principles which the FAR seeks to avoid are preventing the existence of conflicting roles that might bias a contractor's judgment and preventing unfair competitive advantage. An unfair competitive advantage exists where a contractor competing for award of any Federal contract possesses --

(1) Proprietary information that was obtained from a Government official without proper authorization; or

(2) Source selection information (as defined in FAR 2.101) that is relevant to the contract but is not available to all competitors, and such information would assist that contractor in obtaining the contract.

The following subsections prescribe certain limitations on contracting as the means of avoiding, neutralizing or mitigating organizational conflicts of interest.

It is the contractor’s responsibility to notify the CO of any potential OCI. In the event that an OCI exists the contractor shall propose a Mitigation Plan that shall be reviewed and accepted by the CO prior to continuance of the work that presents an OCI. Should the proposed Mitigation Plan not be accepted by the CO, the Government may terminate this contract, disqualify the contractor from subsequent related contractual efforts, and pursue any remedies as may be permitted by the law or this contract.

Contractors shall sign an NDA at the start of their performance on the contract.

If, under this contract, the contractor shall provide systems engineering and technical direction for a system, but does not have overall contractual responsibility for its development, integration, assembly, checkout or production, the contractor shall not be awarded a subsequent contract to supply the system or any of its major components, or to act as consultant to a supplier of any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and technical direction. The term of this prohibition shall endure for the entire period of this contract and for two (2) years thereafter.

If, under this contract, the contractor shall prepare and furnish complete specifications covering non-developmental items, to be used in a competitive acquisition, the contractor shall not be permitted to furnish these items, either as a prime or subcontractor. The term of this prohibition shall endure for the entire period of this contract performance and for either two (2) years thereafter or the duration of the initial production contract whichever is longer. This rule shall not apply to contractors who furnish specifications or data at Government request or to situations in which contractors act as Government representatives to help Government agencies prepare, refine or coordinate specifications, provided this assistance is supervised and controlled by Government representatives.

If, under this contract, the contractor shall prepare or assist in preparing a work statement to be used in competitively acquiring a system or services, the…