H92222-18-R-0010_DRAFT_RFP_13Feb18.docx

H92222-18-R-0010

Section B - Supplies or Services and Prices

Time and Materials T&M The Contractor shall provide all services in accordance with Section C and the attachments in Section J. Pricing is set forth in Attachment 2, Price Matrix. All Materials (ie: travel and relocation) require coordination and pre-approval by the COR or other designated Government representative.

On the Task Orders, Time and Materials will be distinct and established on separate CLINs respectively.

FOB: Destination

TOT MAX PRICE

CEILING PRICE

Data - CDRLs - Not Separately Priced

This CLIN is established for the purpose of delivering data as required by the DD Form 1423, Contract Data Requirements List (CDRL) and shall not be priced separately.

NET AMT

T&M The Contractor shall provide all services in accordance with Section C and the attachments in Section J. Pricing is set forth in Attachment 2, Price Matrix. All Materials (ie: travel and relocation) require coordination and pre-approval by the COR or other designated Government representative.

On the Task Orders, Time and Materials will be distinct and established on separate CLINs respectively.

TOT MAX PRICE

CEILING PRICE

This CLIN is established for the purpose of delivering data as required by the DD Form 1423, Contract Data Requirements List (CDRL) and shall not be priced separately.0

NET AMT

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$2,500.00

$500,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

Section C - Descriptions and Specifications

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

31-JAN-2023

31-JAN-2023

ALICIA SPURLING

AF BPN NO MILSBILLS PROCESSES

7701 TAMPA POINT BLVD

MACDILL AFB FL 33621-5323

813-826-3478

F2VUF1

31-JAN-2025

F2VUF1

31-JAN-2025

F2VUF1

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

5652.228-9000 Required Insurance (2003)

The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a Government Installation" are as follows:

(end of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 Personal Services. The services required under this contract are considered personal in nature. The services shall be acquired under the authority of 10 United States Code 1089 and 10 United States Code 1091.

H.2 Limitation on Amount of Compensation for Personal Services. Under the provisions of 10 U.S.C. 1091 and DoDI 6025.5, “Personal Services Contracting”, implemented 6 January 1995, the total amount of compensation paid to an individual direct healthcare provider in any year cannot exceed the annual rate of $400,000 as specified in 3 U.S.C. 102.

H.3 Non-Compete Provisions.

The use of non-compete conditions in employment agreements or in subcontracts (to prevent loss of personnel by the contractor) effective only during the period of the contract performance is acceptable. However, the use of non-compete conditions in employment agreements and/or in subcontracts that prevent employees and/or subcontractors of the incumbent from being interviewed by, employed, or accepting offers of employment and/or subcontracts by potential competitors on the follow-on contracts is unacceptable. It hinders the government's ability to accomplish the mission of providing medical care to beneficiaries. Awardee, and their subcontractors, may not include such conditions in employment agreements and/or subcontracts while performing under this contract.

H.4 Work Period and Authorized Holidays. An on-site work period of 40 hours Monday through Friday has been established for this contract for the majority of all required support. The contractor shall notify the COR when a scheduled HCP cannot fill a shift due to illness or emergency. Notification shall be as early as possible, but no later than 2 hours after start of scheduled shift.

Due to security restrictions, Contractors will not be permitted to work after normal duty hours, Saturday, Sunday or legal holidays for on-site support unless authorized by the Contracting Officer or the Cognizant Contracting Officer Representative (COR) and Government personnel will be present. Contractors are responsible to manage the requirement to ensure task order ceiling hours are not exceeded in the case of cost type orders and additional funds will not be required by the Government. Proper notifications will be accomplished per limitations of cost reporting contract clauses.

· January 1st

· 3rd Monday of January

· 3rd Monday of February

· Last Monday of May

· July 4th

· 1st Monday of September

· 2nd Monday of October

· November 11th

· 4th Thursday in November

· December 25th

When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When one of the above designated legal holidays falls on a Saturday, the preceding Friday will be observed as a legal holiday.

H.5 Billable Hours. IAW FAR 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts, time shall be calculated by multiplying the appropriate hourly rates prescribed in the Schedule by the number of direct labor hours worked after the employee has been selected for employment (including 21 days of orientation). The Government does not consider the time spent on in-person interviews, training required to meet minimum qualification requirements, mandatory annual training requirements required as part of licensure or credentialing renewal, or continuing education (CE) requirements as required by assigned MTF or other source of clinical oversight as direct hours billable under this contract (Reference PWS Section 2.2).

H.6 Billable Materials (Travel and ODCs). IAW FAR 16.601(a), Other Direct Costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.) shall be billable at cost as “Materials”. Contractor employees may be required to travel to various locations within and outside the continental United States (CONUS) in performance of task orders.

The Material CLIN, will only be utilized for payment of travel and related expenses to cover Government directed unique training, Government directed certifications above and beyond those required to meet the minimum qualification requirements outlined in PWS Appendix 1, travel to and from in-person interviews (for those identified in PWS Appendix 2 as mandatory in-person interviews only), travel to support multiple locations in the same geographical area, and relocation expenses (for OCONUS positions only). All allowable expenses shall be submitted to the COR or other designated Government representative for approval prior to any expenditures taking place.

All travel or expenses associated with non-mandated personnel interviews, training required to meet minimum qualification/licensure requirements, mandatory annual training requirements required as part of licensure or credentialing renewal, or continuing education (CE) requirements as required by assigned MTF or other source of clinical oversight are considered unallowable and shall not be billed to the Government as a direct cost under this contract. (Reference PWS Section 2.2).

H.7 Reserved

H.8. Synchronized Pre-deployment and Operational Tracker (SPOT). All contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States must be accounted for in the Synchronized Pre-deployment and Operational Tracker (SPOT) Program located at https://spot.altess.army.mil/. Per DFARS 252.225-7040. All prime contracts will be pre-loaded in SPOT by the KO. All contractors will be required to input the LOA requests per task order, per employee in SPOT and send to the applicable COR for that task order. After COR approval the KO will finalize and sign the LOA in SPOT.

The prime contractors will each have a Point of Contact that will process the LOAs within the SPOT system. The COR will be assigned as the Government Authority and the Contracting Officer (KO) approves the LOA within the system. A complete SPOT guide will be provided via email to all prime contractors for assistance.

The basic process for LOA's is three steps:

Step 1: COR registers in SPOT in the role of Government Authority and lists the Contracting Officer as the sponsor.

Step 2: All prime contracts will be loaded in SPOT by SOF AT&L-KH; we will pre-load authorizations, privileges per the contract, etc. and ensure all CORs are in the SPOT system.

Step 3: An LOA is requested as part of creating a deployment (from contractor) at the task order level. The LOA is assigned to a Government Authority user (the COR).

Step 4: The Government Authority (COR) reviews the LOA inbox and authorizes the LOA.

Step 5: The Contracting Officer then reviews the LOA, inserts the accounting data from the task order, and approves. Once the KO approves the LOA it is digitally signed and available to be reviewed and printed.

H.8.1 Theater Business Clearance. In accordance with DoD Policy and the CENTCOM Contracting Command (formerly the JCC-I/A), Theater Business Clearance (TBC) is required for contractor support in Iraq, Afghanistan, Pakistan, and Kuwait. TBC approval will be obtained by the Government prior to modifying the basic contract to include this support. No action is required on the part of the prime contractor to receive approval. Specific clauses for contractor support covered under a TBC will be added with the contract modification if support in these areas is required.

H.9 Contractor Identification. Contractor employees shall obtain and display identification/security badges to obtain access to any Government installation and any buildings used by the contractor in accordance with installation or unit procedures.

For HQ USSOCOM, Contractor employees shall wear a Government-issued badge while in Government facilities. For both picture and non-picture badges, the contractor shall submit all required information (date of visit, name, Contracting Officer (KO), SSAN, Category (Ktr=Industry), and Clearance Information) to the Security Management Office (SMO) and notify the KO that a badge request has been submitted via Joint Personnel Adjudication System (JPAS). For annual badge renewals or multiple person requests it is recommended that the names submitted to the SMO and KO be grouped by type of badge (i.e. picture badge or non-picture badge). Note: Please only submit requests for picture badges for those contractors that will be in a Government facility regularly (i.e. two to three times or more per week). Contractor employees are required to clearly identify themselves as a contractor at all times whether in person or on the telephone. Further, sub-contractors must identify their respective prime contractors. If a contractor employee leaves the company or moves to a different agency for support under this contract they will be required to "check-out" with their Government representative (COR) and turn their badge into the SMO and clear all computer systems to which they have access.

H.10 Conduct of Personnel. The Contractor, including assigned personnel, performing services on a military installation shall be guided by and shall observe and comply with all applicable rules, regulations, directions and requirements pertaining to conduct of personnel on the military installation as prescribed by the Commander of the military installation during the performance of the required services. The Contractor further agrees to recognize the authority of the responsible military Commander to suspend, restrain or restrict the activities of Contractor personnel whenever in the Commander’s judgment such action is deemed necessary for the protection of personnel and equipment under the Commander’s military jurisdiction.

The MTF Commander or Privileging Authority Chief has the prerogative to hold in abeyance, to deny, or to summarily suspend clinical privileges/practice when there is a reasonable cause to doubt the health care personnel’s competence to practice or for any cause affecting the safety of patients or others. Army Regulation (AR) 40-68 outlines the adverse clinical privileging and practice actions for privileged personnel and adverse practice actions and peer review for non-privileged personnel.

H.11 License Verification, Credential Review or Privileging (If Applicable), Security Clearance and Selection Process. Some personnel will require personal interviews in addition to the credentialing process. Those positions required to have face-to-face interviews are clearly marked within the PWS Appendix 2. Several positions do not require face-to-face interviews by Government representatives, but will require telephonic or VTC interviews and an electronic submission of the resumes for review and concurrence by the applicable COR.

The following labor categories will be required to obtain practice privileges from the servicing medical treatment facility or identified privileging authority at their assigned installation: Clinical Psychologists, Operational Psychologists, Licensed Clinical Social Workers, Physical Therapists, Psychiatric-Mental Health Nurse Practitioners, Nurse Case Managers, Neuropsychologists, and Performance Dieticians. The credentialing package submission will not be provided to the local privileging authority until after the individual has been approved by the COR for selection. The contractor shall provide complete credentials packages within one week after being notified of Government selection. Contract personnel may be permitted to begin work and start unit in-processing in a limited capacity with written permission from a COR while awaiting final credentialing or security clearance. When the contractor experiences delays in recruiting or submitting credentials packages or security clearances, the contractor shall notify the applicable COR and KO immediately.

All requirements for those personnel requiring credentialing shall adhere to the guidance outlined with DoDI 6025.13, “MEDICAL QUALITY ASSURANCE (MQA) AND CLINICAL QUALITY MANAGEMENT IN THE MILITARY HEALTH SYSTEM (MHS). The detailed credentialing processes will vary by location and Component since they must comply with the privileging authority at their assigned installation. For Army Installations, Army Regulation 40-68 is applicable, for Navy Installations, BUMEDINST 6320.66E is applicable, and for Air Force Installations, AFI 44-119 is applicable. The contractor is responsible for adhering to the regulation that is applicable to the location.

The contractor shall perform all primary source verifications and include all verifications with the credentials package. The contractor shall obtain all paperwork, letters of reference, approvals, work history, etc. required by the credentialing or licensure verification processes. The privileging authority staff will not assist the contractor in obtaining any needed information for initial credentialing. The contractor is responsible for the current competence of HCPs used to provide health care services under this contract.

Privileges are facility specific and the department chair or service chief develops the criteria to award privileges. The contractor shall ensure that all HCPs follow the privileges requirements of the applicable area MTF that they will receive privileges from (currently 24 different locations). The contractor shall request from the appropriate task order COR, documentation requirements for privileges or for license verification, as required by the position, for each HCP. The contractor shall ensure that HCPs who require privileging do not provide health care services until they have been granted privileges by the cognizant privileging authority.

The Credentials Committee may have questions which they will wish to present to the contractor’s HCPs. The Credentials Committee should submit all questions in writing to the COR. The COR will submit them to the contractor to obtain answers. The contractor shall answer questions presented by the Credentials Committee in writing.

If the contractor adds additional or replacement HCPs during the contract period, the same qualification standards, credentialing/privileging and health requirements shall apply.

The contractor shall not use any individual to provide direct health care services under this contract if that individual:

· Has had his/her clinical privileges limited, suspended, or revoked

· Is the subject of a current or pending hearing or appeal brought by any health care facility, public or private, anywhere in the world, which may result in the limitation, suspension, or revocation of the individual’s clinical privileges.

This prohibition does not apply to any individual whose clinical privileges, although originally limited, suspended or revoked by a health care facility, were subsequently fully reinstated by the health care facility.

H.12 Memorandums of Agreement (MOA) and Specific Medical Quality Assurance Regulations. In addition to the Service Guidance and credentialing requirements, USSOCOM is entering into Memorandums of Agreement with the Defense Health Agency (DHA). Once finalized, the contractor shall comply with applicable terms in the MOA and copies of these agreements will be provided to the contractor.

In addition to the Component specific instructions outlined within H.11, certain DoD regulations and instructions are applicable to this requirement for all components; DoDI 6025.13, DoDI 6025.5, DOD 6025.18-R, DoDD 6000.6, and DoDD 6025.6.

H.13 Substitution of Personnel for Healthcare Workers. The contractor agrees to initiate performance of this contract using only the healthcare worker(s) whose professional qualifications have been determined technically acceptable by the Government. During Task Order performance, no personnel substitutions shall be made by the contractor without the express consent of the COR or in accordance with a procedure specified by the Contracting Officer. All substitution requests will be processed in accordance with this clause.

No personnel substitutions shall be permitted during the first 60 days of Task Order performance, unless they are necessitated by a worker's unexpected illness, injury, death or termination of employment. Should one of these events occur, the contractor shall promptly notify the COR and provide the information required in the paragraph below. After the initial 60 day period, all substitution requests shall be submitted, in writing, at least 30 days prior to the planned change of personnel. All such requests must provide the information required by the paragraph below.

All substitution requests must provide a detailed explanation of the circumstances necessitating the proposed replacement of personnel. The contractor shall also demonstrate that the substitute worker(s) possess professional qualifications that are equal to or higher than the qualifications in PWS Appendix 1. In addition, all substitution requests shall include a certificate of availability signed and dated by each proposed worker, and any other information identified by the Contracting Officer’s Representative (COR). The COR will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof.

H.14 Health Care Worker Background Investigation Requirements (Applicable to Family Support positions only)

H.14.1. Crime Control Act of 1990 Requirement. Section 21 of the Crime Control Act of 1990, 42 U.S.C. 13041, as amended by section 1094 of Public Law 1-02-190, requires every facility operated by the Federal Government (or operated under contract with the Federal Government) that hires (or contracts to hire) individuals involved in the provision of child care services to assure that all existing and newly-hired employees undergo a criminal background check. The term "child care services" is defined to include health and mental health care (to families).

H.14.1.2. Contractor Requirements. It is the contractor’s responsibility to ensure its employees undergo proper criminal history background checks by providing the Government support, cooperation, and active assistance throughout the process. In accordance with 42 U.S.C. 13041(d) the contractor shall ensure that employment applications for potential healthcare workers contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child, and if so, requiring a description of the disposition of the arrest or charge. The application shall further state that it is being signed under penalty of perjury, with the applicable Federal punishment for perjury stated on the application.

Within 30 days after contract award, the contractor and all contractor employees shall provide all reasonable and necessary assistance to the Government to facilitate and complete the background investigation. To initiate the process for a background investigation, the Contractor shall ensure each Health Care Worker reports to the Contracting Officer’s Representative (COR) for specific MTF processing instructions, completes the appropriate portion of the SF 85 P, and obtains fingerprints for submittal to the Office of Personnel Management (OPM).

Contractor employees who have previously received a background check must provide proof of the check or obtain a new one. Upon receipt of the results of a background check, the contractor agrees to undertake a personnel action in accordance with 42 U.S.C. 13041(c), when appropriate.

Contractor employees shall have the right to obtain a copy of any background check pertaining to them and to challenge the accuracy and completeness of the information contained in the report.

H.14.1.3 Government Responsibilities. The Government shall conduct criminal background checks on all healthcare workers providing child care services under this contract based on fingerprints obtained by a Government law enforcement office (e.g., local, state, federal, etc.) and a completed SF 85P form (Questionnaire for Public Trust Positions).

The COR shall identify the appropriate DoD Component for billing purposes and the appropriate security point of contact and/or installation commander who will receive the background results.

With written recommendation from the Commander, and the approval of the Contracting Officer, a contractor employee with a background investigation pending completion may be permitted to perform work under this contract prior to the completion of the background check, provided the employee is within sight and continuous supervision of an individual with a successful background check.

H.15 Health Insurance Portability and Accountability Act (June 12). In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.

(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R.

Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract.

Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164, subpart C.

Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.

(b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

(c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

(d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

(e) The Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tma/privacy/breach.aspx.

(f) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware.

(g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware.

(h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.

(i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

(k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.

(l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

(m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

(n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

H.15.1 General Use and Disclosure Provisions. Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government.

H.15.2 Specific Use and Disclosure Provisions.

(a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j)(1).

H.15.3 Obligations of the Government. Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions

(a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor’s permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

H.15.4 Permissible Requests by the Government. The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.

H.15.5 Terminations

(a) Termination. A breach by the Contractor of this contract, may subject the Contractor to termination under any applicable default or termination provision of this Contract.

(b) Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government, or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information.

(c) The respective rights and obligations of Business Associate Agreement Remains in effect and survives the termination of the contract.

H.15.6 Miscellaneous.

(a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required.

(b) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule.

H.16 Small Business Participation. All offerors (both Small and Other Than Small Businesses) are required to comply with the requirements of this clause.

The magnitude of this contract may require many business concerns to team, partner, and/or subcontract with other business concerns (large and small). The Government has set a small business requirement of 15% of total contract dollars (less material, ODC, and Travel) for this contract. All prime contractors shall be required to meet and maintain this requirement throughout the life of the contract. Data regarding each Contractor's small business participation performance will be obtained as follows: after contract award, prime contractors shall submit documentation supporting actual total contract dollars performed by small business concerns (either as a prime or as a subcontractor) in accordance with CDRL A002 This 15% minimum requirement shall be evaluated by the KO as part of a determination of past performance compliance for exercising an option period and/or issuing task orders.

The contractor's approved small business participation commitment document is a material requirement of this contract. The participation levels stated in the approved commitment document are the minimum requirements of the contract. The percentages stated in this clause are not goals; they are mandatory requirements. The minimum mandatory requirements are a percentage of total contract dollars (direct labor only, not inclusive of material, ODC, or Travel). Additionally, for task orders or task order modifications that will be performed entirely outside of the United States and its outlying areas those dollars will be excluded from the requirement for the 15% Small Business requirement.

CATEGORY MINIMUM REQUIREMENT

· Small Business 15%

· Small Disadvantaged 5% (included in the overall 15% total, not in addition to)

Failure to meet the requirement may result in negative comments and affect your rating in CPARS.

H. 17 Prime-Subcontractor List In concert with the annual eSRS reporting and any time a prime adds or delete a subcontractor, the prime Contractor shall provide an updated list to the Contracting Officer for review and approval per FAR Part 44. All prime contractors shall maintain an approved purchasing system, however, if during the period of performance the prime contractor does not have an approved purchasing system, 10 U.S.C. 2306 requires notification before the award of any cost-plus-fixed fee subcontract, or any fixed-price subcontract that exceeds the greater of the simplified acquisition threshold or 5 percent of the total estimated cost of the contract. Primes are encouraged to foster long-term relations with subs on their teams. The prime Contractor is responsible for providing timely notification to the Government of any acquisition or mergers involving the prime contractor to include the potential impact on this contract.

H. 18 5652.216-9004 Procedures for Issuing Task/Delivery Orders under Single Award, Indefinite Delivery-Indefinite Quantity Contracts (2003)

General. This contract is designed to meet the wide and varied needs of USSOCOM. Time and Materials task orders will be awarded. The Contractor shall perform in accordance with the awarded task order including all terms and conditions of the basic contract and any additional specific information awarded at the task order level. Task orders may include option year periods. The process for exercising task order options is included in H.18.3.

H. 18.1 Authorization to Proceed on Task Orders In time-critical circumstances, after award and prior to the Contractor’s receipt of the contractual instrument, the Contracting Officer may direct the Contractor in writing, verbally, or electronically, to commence performance of the task. Otherwise, the Contractor is not authorized to commence task performance prior to the issuance of the task order or other written or electronic notice provided by the KO. In no case shall the Contractor commence work without explicit approval from the KO.

H.18.2 Option exercises at Task order level will be accomplished in accordance with FAR subpart 17.207 and Section H of this contract. Task order option periods will be outlined in each task order.

H. 18.2.1 In accordance with FAR 17.207 the Contracting Officer must make certain determinations prior to exercising any options. Accordingly, prior to exercising a task order option period the contractor will be required to provide supporting data (e.g. market research, pricing data) to assist the Contracting Officer with the determinations.

H.18.3 Task Order Completion Within ninety (90) days after the completion of task orders, an authorized representative of the contractor shall certify in writing to the Contracting Officer that the task order is completely billed, remaining dollars of said amount can be de-obligated (if applicable) and all deliverables have been received and accepted by the Government. This information will be used as part of the final required documentation for contract closeout. The final closeout proposal shall include itemized Accounting Classification Reference Number (ACRN) de-obligations at the CLIN level per task order. Task orders will be closed out in accordance with DCMA and DCAA procedures.

H.19 5652.237-9001 – Key Personnel Requirements

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.

(2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.

(b) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

(c)The following positions are identified as Key Personnel:

Information to be incorporated immediately prior to award based on proposed key management positions.

H.20 Task Order Ombudsman. The Task Order Ombudsman is responsible for reviewing complaints regarding this ID/IQ Task Order contract. The Ombudsman shall review complaints from the contractors and ensure all contractors are afforded a fair opportunity to be considered, consistent with the procedures of the contract. The SOCOM Ombudsman is assigned in accordance with SOFARS 5616.506.

5652.209-9003 Use of Contractor Support/Advisory Personnel (2015) Section H (Revised August 2015)

The contractor’s attention is directed to the fact that USSOCOM contracts for various IT, business, acquisition, technical, and staff support services, some of which require support contractor access to proprietary information submitted by other contractors during administration of this contract. Execution of this contract constitutes approval to release the contract, contractor proposals, other contractor information, or proprietary data obtained during contract administration to Government Support Contractors who require access and have signed Non-Disclosure and Rules of Conduct/Conflict of Interest Statements.

Section I - Contract Clauses