Chinhae Blood Test PWS- Attachment 1.pdf

PERFORMANCE WORK STATEMENT

For

USNMRTD Chinhae, South Korea

1. DESCRIPTION OF SERVICES:

The Contractor shall provide Laboratory Testing Services for clinical and anatomic laboratory specimens for blood tests outside the continental of the United States (OCONUS) located in South Korea in support of United States Navy Medical Readiness and Training Detachment (USNMRTD) Chinhae, South Korea. The Contractor shall provide the transport of routine samples from USNMRTD Chinhae to the Contractor’s Laboratory.

A comprehensive list of laboratory tests is listed on the attachment3– Quote Sheet – Attachment 3. The Contract Period of Performance is for the following:

CLIN Services Period of Performance 0001 USNMRTD Chinhae_Laboratory Blood Test Service 01 May 2025 – 31 Jul 2025 1001 USNMRTD Chinhae_Laboratory Blood Test Service 01 Aug 2025 – Oct 31 2025 2001 USNMRTD Chinhae_Laboratory Blood Test Service 01 Nov 2025 – 31 Jan 2026 3001 USNMRTD Chinhae_Laboratory Blood Test Service 01 Feb 2026 – 30 Apr 2026 4001 USNMRTD Chinhae_Laboratory Blood Test Service 01 May 2026 – 31 Jul 2027

2. METHOD OF NOTIFICATION OF TEST RESULTS:

For each order of Laboratory Services performed, the Contractor shall provide a written report (“Test Report” or “Test Reports”) via facsimile, hand delivery, and/or secure Internet for routine results; and via telephone and/or facsimile for abnormal results in English. The Test Report shall include results of the test, normal reference ranges for the test and comments deemed necessary by the Contractor. The Test Reports will be provided for purposes of facilitating medical diagnosis and treatment decisions of the ordering physician concerning the patient and advising the patient on health and medical issues (including consultation with other health care professionals on health and medical issues related to that patient).

3. ISSUANCE OF TASK ORDERS, SERVICES PERFROMED and SUPPLIED PROVIDED BY THE GOVERNMENT:

The Ordering Officer identified in the Contract Administration below will issue a task order with “Accounting and Appropriation Data (funds)” for each month during the contract period. After receipt of the task order, the Contractor can initiate required laboratory testing services for the applicable month (period) based on such a task order.

The Government will complete and submit the Contractor’s test requisition form to the Contractor with each applicable specimen.

4. SERVICES PERFORMED AND SUPPLIES PROVIDED BY THE CONTRACTOR:

The Contractor shall provide the transport of routine samples from USNMRTD Chinhae to the Contractor’s Laboratory.

4.1

5. CONTRACTOR RESPONSIBILITY:

The Contractor shall submit test results to USNMRTD Chinhae via facsimile, mail, or web-based interface, or as designated on the requisition form in English.

The Contractor shall provide abnormal/critical test results via telephone to the Government’s laboratory point of contact at the telephone number specified on the requisition form.

The Contractor shall be able to communicate abnormal/critical results by telephone and fax with Government’s laboratory point of contact 24 hours a day, 7 days a week.

The Contractor agrees that clinical records of patients related to the ordering of laboratory tests and/or the Test Reports (collectively the “Data”) shall be regarded as confidential and both parties shall comply with all applicable federal and state laws and regulations regarding the use and disposition of such Data. Without the prior written consent of the Contractor, USNMRTD Chinhae shall not manipulate, aggregate, integrate, compile, merge, reorganize, regenerate, or otherwise use the Data, and shall not provide the Data to any other person or entity, except as required by applicable law. The provisions of this paragraph shall survive termination and/or expiration of this contract.

The Contractor agrees to maintain records in such form and for such duration as may be required by federal, state, and local statutes and regulations. It is understood that the records maintained by the Contractor are and shall remain the property of the Contractor and will not be removed or transferred from the Contractor’s possession, except in accordance with the Contractor’s policies and procedures, or as required by law.

6. HOW TESTING SERVICES FLOW:

6.1. USNMRTD Chinhae will coordinate with the contractor via telephone or email to arrange for any necessary laboratory specimens to be tested. The Contractor’s representative shall visit USNMRTD Chinhae laboratory on weekdays during 13:00 thru14:00 for picking up specimen (blood, urine, stool, etc.) along with filled out test requisition form. On the same day, specimens shall be labeled with barcode at the Contractor’s office/facility for preparation of tests at its laboratory.

6.2. Specimens shall be tested at the Contractor’s laboratory, and the test result reported in English shall be delivered to USNMRTD Chinhae laboratory on the following day.

6.3. The Contractor is not required to pick up specimen and deliver the test results on Saturday, Sunday, and Korean holidays and during Year End/New Year period (from Dec 29 through Jan 3rd) for USNMRTD Chinhae..

Also, the Contractor shall provide sample collection tubes without any additional cost to the Government. The above general workflow shall be applicable to USNMRTD Chinhae.

7. CONTRACT ADMINISTRATION

7.1 Contract Administration Appointments and Duties: In order to expedite administration of this contract, the following delineation of duties is provided including the names, addresses and phone numbers for each individual or office as specified. The individual/position designated as having responsibility should be contacted for any questions, clarifications or information regarding the functions assigned.

a) Procuring Contracting Officer (PCO) is responsible for:

1) Solicitation information/questions;

2) All pre-award information, questions, or data;

3) Change/question/information regarding the scope, terms, or conditions of the basic contract document; and/or

4) Arranging the post award conference (See FAR 42.503-1).

5) Contracting Officer

Mr./Ms. TBD Defense Health Agency Contracting Activity (DHACA) San Diego – Western Markets Contracting Division (SD-WMCD) Tel: TBD Email: TBD

6) Contract Specialist Mr./Ms. TBD Defense Health Agency Contracting Activity (DHACA)

San Diego – Western Markets Contracting Division (SD-WMCD) Tel: TBD Email: TBD

b) Contract Administration Office (CAO), which is the same as the PCO above, is responsible for matters specified in FAR 42.302 and DFARS 243.302 except in those areas otherwise designated herein.

OTHERS: It is emphasized that only the PCO has the authority to modify the terms of the contract, therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the contract between the contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, an effort outside the existing scope of the contract is requested, the contractor shall promptly notify the PCO in writing. No action must be taken unless the PCO has issued a contractual modification.

TASK ORDERS: During the contract performance, the Ordering Officer who are designated in paragraph

7.2 below will issue a Task Order to the Contractor which shall cover a period of performance (e.g., each month) and include an estimation of the articles to be laundered. When each period of performance ends, the Ordering Officer will issue a modification to adjust the quantities and the amount for each Task Order.

7.2 Appointment of Ordering Officer

a) The following individuals are designated as authorized Ordering Officer:

TBD

b) The above individuals are responsible for issuing and administering any orders placed hereunder.

Ordering Officer may negotiate revisions/modifications to individual Delivery orders, but only within the scope of this contract. Ordering Officer have no authority to modify any provision of this basic contract.

Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officer may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Termination for Default shall be issued only by the PCO.

7.3. Contracting Officer’s Representative (COR)

a) The following individual is assigned as authorized COR:

TBD

b) The Contracting Officer's representative for technical matters, providing technical direction and discussion as necessary with respect to the specification or performance-based statement of work, and monitoring the progress and quality of contractor performance. The COR is not an Administrative Contracting Officer and does not have authority to direct the accomplishment of effort outside the existing scope of the contract.

c) When, in the opinion of the contractor, the COR requests effort outside the existing scope of the Contract, the contractor shall promptly notify the contracting Officer in writing. No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the delivery order; or until the issue has been otherwise resolved.

d) In the event that the COR named above is absent due to leave, illness or official business, all responsibilities and functions assigned to the COR will be the responsibility of the Activity Point of Contact.

e) Be officially evaluated on performance and adherence to requirements of this contract by annually for the performance objectives “Schedule Compliance” and “Regulation Compliance” the performance objective “Timeliness and Accuracy of Invoices” Quality Assurance Surveillance Plan (QASP).

f) COR will conduct performance evaluation using the Quality Assurance Surveillance Plan (QASP) to the Contracting Officer annually via Surveillance and Performance Monitoring (SPM) through the PIEE.

8. PERFORMANCE BASED SERVICE CONTRACT (PBSC). The Government acquires the services through this contract based on PBSC concept. Quality Assurance Surveillance Plan (QASP) is described below.

Quality Assurance Surveillance Plan (QASP) for Specimen Testing:

a) Objective:

This QASP has been developed to the Government in providing effective and systematic surveillance for the Specimen Testing services contract. The QASP provides the methodology by which Contractor’s performance will be monitored by the Contracting Officer’s Representative (COR) to determine compliance with standard performance objectives. The contract performance objectives, assessment methods, performance standards, and acceptable quality level are described below in further detail. The COR will inspect and evaluate contractor’s performance for each evaluation area and submit Contractor’s Performance rating electronically through Surveillance and Performance Monitoring (SPM) via PIEE (https://piee.eb.mil/) to the Contracting Officer.

b) Method of Surveillance:

Surveillance of Contractor performance in the method will be used by the Government to determine whether the Contractor is effectively and efficiently complying with all terms and conditions of the contract. The following surveillance methods shall be used:

Quality Assurance Surveillance Plan (QASP)

Performance Objective

Measure Standard Surveillance

Quality Compliance

Provide accurate test results for specimen requests within 24 hours. Exceptions include those specimens which require further comprehensive or confirmatory testing.

Call back critical result values within 60 minutes of result verification. Test results are called and faxed directly IAW Paragraph 2. Method of notification of test results.

Inspection by the Government Representative or by the

COR.

Provide hard copies of all specimen test results within 10 working days of result availability

Schedule Compliance

Whether or not the Contractor has completed all the requirements within the time of operation required in the contract.

All work will be performed in strict compliance with applicable contract requirements.

Inspection by the Government Representative or by the

COR.

Regulation Compliance

Whether or not the Contractor is in compliance with all applicable federal, state, and local regulations, laws, and ordinances.

All work will be performed in strict compliance with applicable federal, state and local regulations, laws and ordinances.

Inspection by the Government Representative or by the

COR.

Timeliness and Accuracy of Invoices

How the invoices are submitted in a timely manner and how accurate they are.

Invoices will be submitted in an accurate and timely manner (within10 working days of the following month) 100% of the time. Any required resubmissions of invoices are corrected within 3 working days.

Inspection by the COR.

Or by the invoice acceptor

c) Evaluation and Rating:

The COR will rate and report the Contractor’s performance electronically by accessing Surveillance and Performance Monitoring (SPM) via PIEE (https://piee.eb.mil/) and submit to the Contracting Officer by annually. In case any inconsistency or deficiency is found, the COR will record it on the form and attach any related document to the form. The Government will rate the Contractor’s performance using the following adjectival ratings:

EXCEPTIONAL (E): The services performed by the Contractor are considered to have exceeded the performance standards described above and demonstrate a good probability of success without any problems during the remaining period of the contract.

VERY GOOD (VG): The services performed by the Contractor are considered to have satisfied the performance standards described above and demonstrate a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems without any damage to the Government.

SATISFACTORY (S): The Contractor’s performance is considered to have substantially met the stated performance standards described above and demonstrates a good probability of success during the remaining period of the contract. Even if the Contractor had minor problems on its performance, the Contractor has demonstrated that it could correct such problems with minimal damage to the Government. Although some minor inconsistency or weakness exists, it can be readily corrected.

MARGINAL (M): The Contractor’s performance is considered to have partially failed meeting the stated performance standards, and the response to correct the deficiency was marginal. That is, a substantial number of the Contractor’s record responses “good,” but a deficiency or weakness exists, and it/they may be susceptible or correction through the exchange of information. There is marginal probability of success during the remaining period of the contract.

UNSATISFACTORY (U): The Contractor failed meeting one or more of the stated performance standards, and failure was considered “major.” Even if the failure was minor, the Contractor did not or could not correct the deficiency properly and/or if adversely affected the Government operation. In such a case, probability to success during the remaining period of the contract is minimal unless a proper corrective action is made.

In case the Contractor’s performance is rated either “Marginal” or “Unsatisfactory”, the Contractor shall take a corrective action(s) to all deficiencies identified 30 days.

Note: The COR will assess the overall rating based on all the three (3) performance standards above with comments. All three (3) factors are equally important.

d) Record of Evaluation

The Contracting Officer will maintain a copies of electronic surveillance records via Surveillance and Performance Monitoring (SPM). All records will be retained and considered when deciding if it is in the best interest of the Government to exercise an option to extend the term of the contract or enter into a new contract.

9. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

9.1. Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.

9.2. The Contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer or is pursuant to specific authority otherwise included as a part of this contract.

9.3. The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Mr./Ms. TBD Defense Health Agency Contracting Activity (DHACA) San Diego – Western Markets Contracting Division (SD-WMCD) Tel: TBD Email: TBD

10. CLAUSES INCORPORATED BY FULL TEXT

a) 252.233-7001 CHOICE OF LAW (OVERSEAS) (JUNE 1997)

This contract shall be construed and interpreted in accordance with the substantive laws of the United States of America. By the execution of this contract, the Contractor expressly agrees to waive any rights to invoke the jurisdiction of local national courts where this contract is performed and agrees to accept the exclusive jurisdiction of the United States Armed Services Board of Contract Appeals and the United States Court of Federal Claims for hearing and determination of any and all disputes that may arise under the Disputes clause of this contract.

(End of clause)

b) EXEMPTION FROM KOREAN TAXES FOR VALUE-ADDED TAXED ITEMS USED ON

THIS CONTRACT.

These clauses implement Article XVI of the Status of Forces Agreement between the Republic of Korea and the United States of America, which exempts Contractors from paying the Republic of Korea value-added taxes. When the Contractor submits an offer, he shall certify to the Contracting Officer that all the costs in the offer will be exclusive of any valued-Added Tax and further, that the proposed contract price including no valued-added tax. Contractor shall also indicate the amount and type of value-added taxes excluded from the contract price. If supplies or services, which the Contractor purchases for this contract, include value-added taxes, he can obtain a full refunded for the amount of the value-added Taxes from his ROK District Tax Office. Contractor can receive value-added taxes refunds by submitting to ROK District Tax Office, tax invoices, which he receives when he Purchases materials or services for this contract. The contractor must submit a copy of the USFK contract with his first tax invoice submission. Subsequent tax invoice submission must be accompanied by a letter which references the USFK contract submitted with the first tax invoice submission.