Attachment_1,_PWS.pdf

Attachment 1

FA3010-17-R-0025

7 Jul 2017

PERFORMANCE WORK STATEMENT

PATHOLOGICAL WASTE DISPOSAL

Non-Personal Services

1. DESCRIPTION OF SERVICES AND GENERAL INFORMATION.

1.1. SCOPE OF WORK. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to collect, package, and transport medical waste in accordance with (IAW) all Federal, Mississippi, and local laws and regulations. Medical waste will be picked up from Keesler Medical Center (Building 0468, Room GA117), Dental Clinic (Building 0824, sterilization room), the Clinical Research Laboratory (Building 0404, west loading dock), Blood Donor Center (Building 5901, southeast corner), Veterinary Clinic (Building 0408, East entrance) and the Satellite Pharmacy (Building 2306), Keesler Air Force Base (KAFB), Mississippi, as required in section 1.3.1, and transported to a waste treatment and disposal facility licensed to accept medical waste. Contractor performance shall meet or exceed commercial standards of the industry.

1.2 CONTRACTOR MANAGEMENT STAFF RESPONSIBILITIES.

1.2.1. Resolve Performance Issues. The Contractor shall adequately resolve Medical Treatment Facility (MTF) complaints regarding contractor personnel which satisfy Government concerns.

1.3. SPECIFIC PROCEDURES FOR WHICH THE CONTRACTOR SHALL BE

RESPONSIBLE.

1.3.1. The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and services necessary to collect, package, and transport medical waste in accordance with (IAW) all Federal, Mississippi, and local laws and regulations. Medical waste will be picked up from Keesler Medical Center (Building 0468, Room GA117), Dental Clinic (Building 0824, sterilization room), the Clinical Research Laboratory (Building 0404, west loading dock), Blood Donor Center (Building 5901, southeast corner), Veterinary Clinic (Building 0408, East entrance) and the Satellite Pharmacy (Building 2306), Keesler Air Force Base (KAFB), Mississippi, 5 days a week and transported to a waste treatment and disposal facility licensed to accept medical waste. Contractor performance shall meet or exceed commercial standards of the industry.

1.3.2. The Contractor shall place all bagged medical waste present at the collection points into Contractor-provided containers (See paragraph 3.2.1. below). No bags of medical waste will be opened by the Contractor on KAFB.

1.3.3. The Contractor shall weigh the medical waste from all collection points in the isolation room in Building 0468, KAFB Medical Center. A Government representative from the Medical Center Environmental Manager or Facility Management Office will be contacted by the Contractor to observe the weighing procedure. In the event that weighing has to be accomplished outside of the established daily pick-up time, which is 0730 through 0900 hours (7:30 a.m.

through 9:00 a.m.), the Contractor shall wait until the Government representative is present.

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1.3.4 Manifests. Manifest shipping documents shall be provided by the Contractor. These manifests shall be approved by the appropriate state regulatory agency/Environmental Protection Agency (EPA). If multiple (sequential) manifests are required to cover the transportation route of waste from KAFB to the actual disposal facility, copies of each manifest shall be provided to Keesler Medical Center.

1.3.4.1. The Contractor shall complete a manifest showing the types of materials/medical waste, number of containers, individual container weights, and total shipment weight picked up and transported to the disposal facility. Manifests shall contain the name and address of the Medical Treatment Facility (MTF), designation of the treatment/disposal site, and a certification that the untreated waste was properly handled, packaged, and labeled. Prior to departure from KAFB, a signed copy of the manifest(s) shall be provided to the Government representative who witnessed the weighing.

1.3.4.2. After the waste has been delivered to its destination, the Contractor shall provide a completed copy of the manifest to the Government no later than sixty days from the date of shipment.

1.3.4.3. Once the medical waste has been treated/destroyed IAW applicable Federal, state, and/or local regulations, the Contractor shall verify the destruction, certify on the manifest that the waste has been properly disposed of, and return a copy signed by the treatment/disposal facility representative to the Medical Center Environmental Office.

1.3.5. The Contractor shall ensure all transport vehicle surfaces that have had untreated medical waste leaked or spilled onto them, are cleaned and disinfected promptly.

1.3.6. See Section 2, Services Summary (SS), for Performance Objectives and Performance Thresholds.

1.4. PATIENT SENSITIVITY. Contractor personnel shall provide patients with the utmost care and attention. All patients shall be assured of their privacy and personal dignity.

1.5. COMMUNICATION. Contractor personnel shall maintain open and professional communication with members of the MTF staff. Complaints validated by the Flight Commander/Medical Director shall be reported in writing to the Contract Administrator and the Contractor for action. Failure of the Contractor to correct validated complaints raised by the MTF staff and the Contracting Officer (CO) will be considered a failure to perform.

1.6. DOCUMENTATION. Contractor personnel shall prepare all documentation (to include patient records) to meet or exceed established standards of the MTF, to include but not limited to, timeliness, accuracy, content, and signature. Only MTF and Air Force-approved abbreviations shall be used for documentation.

1.7. PERSONNEL.

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1.7.1. Contract Manager. The Contractor shall provide a contract manager who shall be responsible for the performance of the work and have full authority to act on all matters relating to daily operation of this contract. The name of this person and alternate(s) who shall act for the Contractor when the manager is absent shall be designated in writing to the Contracting Officer (CO). The manager may perform services under this contract in addition to contract management duties.

1.7.1.1. The Contract Manager/alternate shall be available during normal duty hours and shall respond within twenty-four hours to meet on the installation with Government personnel designated by the CO to discuss problem areas.

1.7.2. The Contractor shall not employ any person who is an employee of the U.S. Government if the employment of that person would create a conflict of interest. In addition, the Contractor shall not employ any person who is an employee of the Department of the Air Force (DAF), either military or civilian, unless such person seeks and receives approval IAW DOD Directive (DoDD)

5500.7 and Air Force (AF) policy.

1.7.3. The Contractor is cautioned that off duty active military personnel hired under this contract may be subject to permanent change of station (PCS), change in duty hours, or deployment.

Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the Contractor’s ability to perform.

Their absence shall not constitute an excuse for nonperformance under this contract.

1.8. Normal Hours of Operations. The Contractor shall perform the services required under this contract and arrive at building 0468 for final weigh-in, Monday through Friday, between 0730 hours (7:30 a.m.) and 0900 hours (09:00 a.m.).

1.8.1. Pick Up Times. Routine Service will be Monday-Friday between 0730 (7:30 a.m.) and 0900 (9:00 a.m.). The numbers of pick-ups and drop-off of empty containers will be determined based on volume and excess bags awaiting containers. There must be empty containers left at the pick-up facilities and the MTF, in the quantities specified in 3.2.1, after all bagged waste is removed.

1.8.2. Emergency or Special Event Services. The Government reserves the option to require services between the hours of 0730 (7:30 a.m.) and 0900 (9:00 a.m.) on Saturdays and Sundays.

When notified by the CO, the Contractor shall respond for emergency pick-up situations.

1.8.3. Performance of Services during Crisis Declared by the National Command Authority.

According to Department of Defense Instruction (DoDI) 3020.37, performance of this service during crises or natural disasters is determined to be non-essential, and performance will be suspended until reactivated by the Government point of contact.

1.8.4. Holidays. The Contractor is not required to provide service on the following Federal holidays:

New Year’s Day (January 1st), Martin Luther King Jr. Birthday (3rd Monday of January), Presidents’ Day (3rd Monday of February), Memorial Day (last Monday in May), Independence

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Day (July 4th), Labor Day (1st Monday in September), Columbus Day (2nd Monday of October), Veterans’ Day (November 11th), Thanksgiving Day (4th Thursday of November), and Christmas Day (December 25th).

1.8.5. The Contractor should make preparations for increased quantities of waste on days following the above holidays.

1.8.6. Unplanned Closures. In the event of an unplanned closure of the facility due to natural disasters, military emergency, or severe weather, Contractor personnel shall be expected to work based on the adjusted work schedule of the installation.

1.9. PERSONNEL REQUIREMENTS.

1.9.1. English Language Requirement. Contractor personnel shall read, understand, speak, and write English fluently.

1.9.2. Appearance and Conduct. Contractor personnel shall present a professional, conservative, and neat appearance. Contractor personnel shall report for duty in appropriate attire befitting a health care setting and having complied with socially acceptable standards of personal hygiene expected of health care workers. The Contractor personnel shall display a professional, positive, and cooperative attitude while in the workplace.

1.9.2.1. While on duty, the Contractor personnel shall be neat and clean, free from visible dirt and stains, well groomed, and appropriately dressed. The Contractor personnel’s clothing shall fit correctly to provide a professional, modest appearance, in keeping with normally accepted community standards of dress for the work being performed.

1.9.2.2. The Contractor personnel shall display legible MTF-provided identification media on his/her outer clothing.

1.9.2.3. The Contractor shall ensure that its personnel have a current and valid state vehicle operator license for the type of vehicle they will be operating before starting work.

1.10. CONTRACTOR PERSONNEL TRAINING.

1.10.1. Blood-Borne Pathogen Training. The Contractor shall ensure that its personnel have current and valid training certifications for safety concerning blood-borne pathogens. The Contractor shall ensure that all Contractor personnel have all required training for ensuring correct packaging and shipment of Department of Transportation-regulated Hazardous Material IAW state and Federal regulations.

1.10.2. Environmental Management System (EMS). All Contractor personnel shall complete Environmental Management System (EMS) Awareness training prior to commencement of any activities. Training is available through the Air Force Advanced Distributed Learning Service (ADLS) or through the Environmental Office (PAE/CEV).

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1.11. QUALITY CONTROL. The Contractor shall establish and maintain a quality control plan to assure the requirements of the contract are provided as specified. The plan shall describe the method(s) for identifying and preventing defects in the quality of service performed before the level of performance becomes unacceptable. One copy of the plan shall be provided to the CO prior to performance. The CO will notify the Contractor of acceptance or required modifications to the plan before the contract start date. The Contractor shall make appropriate modifications and obtain acceptance of the plan by the CO before the contract start date. The Contractor shall provide all changes to the plan throughout the contract period.

1.12. QUALITY ASSURANCE. The Government will evaluate the Contractor’s performance under this contract using the method of surveillance specified in the Services Summary (para 2.).

The Government will record all surveillance observations.

1.13. CONTRACTOR MANPOWER REPORTING. CONTRACTOR MANPOWER

REPORTING. The Contractor shall report ALL Contractor labor hours (including subcontractor labor hours) for performance of services under this contract via a secure data collection site. The Contractor is required to completely fill in all required data fields at http://www.ecmra.mil.

Reporting inputs will be for all labor executed during the performance for each Government fiscal year (FY), which runs 1 October through 30 September. While inputs may be reported at any time during the FY, all data shall be reported no later than 31 October of each calendar year.

Contractors may direct questions to the Contractor Manpower Reporting Application (CMRA) help desk.

1.14. CRIMINAL HISTORY BACKGROUND CHECKS. N/A

1.15. CONFLICT OF INTEREST. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval IAW DoD Directive (DoDD) 5500.7, Standards of Conduct, 29 Nov 07, and AF policy.

1.16. EMERGENCY HEALTH CARE. The MTF will provide emergency health care for the Contractor personnel for injuries incurred while on duty in the MTF. These services will be billed to the Contractor at the current full reimbursement rate.

1.17. PERFORMANCE EVALUATION MEETINGS. The CO will require the Contractor to meet with the CO, Contract Administrator, FC/D, and other Government personnel as often as deemed necessary. Contractor personnel may request a meeting with the CO when deemed necessary.

1.18. RECORDS. The Contractor shall create, maintain, and provide Government-owned/Contractor-held records, regardless of media, in performance of this contract IAW the following directives:

AFI 33-322, Records Management Program, 4 Jun 12, Incorporating Change 2, 25 May 17, and Keesler AFB Sup 1, 29 Oct 12

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AFMAN 33-363, Management of Records, 1 Mar 08; Incorporating Change 2, 9 Jun 16, AFGM2017-01, 2 Jun 17, and Keesler Supplement, 23 Apr 15 AFI 33-364, Records Disposition—Procedures and Responsibilities, 22 Dec 06, Incorporating Change 1, 6 Nov 14 and AFGM2017-01, 30 Mar 17 Air Force Information Management System database (AFRIMS) (access through the Air Force Portal at https://www.my.af.mil/afrims/afrims/afrims/rims.cfm)

Air Force Electronic Records Management Solution

1.18.1. The Contractor shall segregate the Government-owned records from the Contractor-owned records and identify all records required to be created by the PWS on the AFRIMS file .

The Contractor shall create and maintain paper and electronic records (\\52mahg-fs-106) as appropriate. The Contractor shall maintain the software and background data to retrieve official electronic Government records throughout the lifecycle of the records.

1.18.2. The Contractor maintains and disposes of records IAW the AF records disposition schedules.

1.18.3. Electronically Stored Information (ESI). The Contractor shall maintain Government owned electronic non-official records on the organizational shared network drive according the subjective categories (example: template, common, reference material, and working files). The Contractor shall grant the base records manager access to all files located on the organizational shared network drive. The Contractor shall maintain the official electronic records on the base designated shared network drive (\\52mahg-fs-106) IAW the Air Force Electronic Records Management System and AFMAN 33-363, Chapter 6.

1.18.4. Upon completion of this contract, all Government-owned/Contractor-held records (regardless of media) received, created, maintained, or provided in the performance of the PWS shall be turned over to the Government. Background electronic data and records specified for delivery to the contracting agency must be accompanied by sufficient technical documentation and software to permit the Air Force to use the data. In the event of default or non-performance, the Government will have access to all records in order to ensure mission support is not interrupted.

1.18.5. Contractor-Owned Records. The Contractor shall maintain records that relate exclusively to the Contractor’s internal business or are of a general nature not specifically related the performance of work under the contract separately from the Government-owned records.

1.18.6. Freedom of Information Act (FOIA) Program. The Contractor shall comply with the requirements of DoD 5400.7-R/AFMAN 33-302, Freedom of Information Act Program, 21 Oct 10, incorporating through Change 3, 16 May 2016, and AFGM2017-01, 15 Mar 17. If the Contractor receives a FOIA request, the Contractor shall ensure it is delivered immediately to the base FOIA manager (81 CS/SCOK) for processing. The FOIA manager will task a Government official who, as the authorized official, will make the decision on releasing Government records.

1.18.7. Privacy Act Program. The Contractor shall create, maintain, and destroy Privacy Act data IAW AFI 33-332, The Air Force Privacy and Civil Liberties Program, 12 Jan 15, Incorporating change 1, 17 Nov 16; and Privacy Act systems of records notice(s)

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(http://dpcld.defense.gov/Privacy/SORNs.aspx). The Contractor shall not create or maintain a Privacy Act system of records prior to public notice. If the Contractor receives a Privacy Act request, the Contractor shall be responsible for searching for the records and providing those records to a Government official who, as the authorized official, will make the decision on releasing the Government records.

1.18.8. Functional Requests. A functional request is a written request for DOD records received from any person (including a member of the public), or a business that does not cite either the FOIA or Privacy Act. The Contractor shall be responsible for searching for the records and providing those records to a Government official who, as the authorized official, will make the decision on releasing the Government records.

1.19. SECURITY.

1.19.1. Security Clearance: National Agency Check with Written Inquiries (TIER 1). As a minimum, Contractor personnel shall successfully complete a Tier 1 before operating Government-furnished workstations that have access to AF automated information systems.

Requests for Contractor personnel hired at the beginning of the contract shall be submitted to the Government not later than 45 workdays from the contract start date. Requests for Contractor personnel hired subsequent to contract start date shall be submitted to the Government not later than 10 workdays from the Contractor personnel’s first duty day. Contractor personnel receiving unfavorable Tier 1’s shall not be employed. The Government will submit requests for investigations on AF IMT 2583, Request for Personnel Security Action, at no additional cost to the Contractor. Any personnel with access to classified material will be submitted by the Contractor’s Facility Security Officer (FSO) for a Secret security clearance. The Contractor shall comply with the requirements of DOD 5200.2-R, Personnel Security Program; AFI 31-501, Personnel Security Program Management, 25 Jan 05; and AFMAN 33-152, User Responsibilities and Guidance for Information Systems, 1 Jun 12.

1.19.2. Contractor personnel shall comply with the requirements of AFI 71-101, Volume 1, Criminal Investigations, 4 Feb 15 and AFI 71-101, Volume 2, Protective Service Matters, 23 Jan

15. These regulations require Contractor personnel to report any information or circumstances of which they are aware that may pose a threat to the security of DoD personnel, Contractor personnel, resources, and classified or unclassified Defense information to their immediate supervisor. The immediate supervisor of Contractor personnel shall brief on this requirement during initial on-base assignment and as required thereafter.

1.19.3. The Unit Security Manager will assist the Contractor with any Joint Personnel Adjudication System (JPAS) Joint Clearance and Access Verification System (JCAVS) and eQIP by Design information for inputting Tier 1’s with assistance from 81 TRW/IP.

1.19.4. Security Monitoring. The Contractor shall comply with all security requirements.

Submit reports, classified if appropriate, of any information coming to their attention concerning any of their employees who have been cleared or are in the process of being cleared for access to classified information, which indicates that such access or determination may not be clearly consistent with the national interest. Reports shall be submitted to the Defense Industrial Security

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Clearance Office (DISCO) immediately upon notification of any adverse information, change in employee’s status, official investigation, or any other reason. In addition, a copy of this report shall be furnished to the Contracting Officer’s Representative(s) (COR(s)) and 81 TRW Installation Commander (81 TRW/CC).

1.19.5. Listing of Employees. The Contractor shall maintain a current listing of all Contractor personnel. The list shall include Contractor personnel’s names, Social Security numbers, and level of security clearance. The list will be validated and signed by the FSO and provided to the CO, COR, Base Visual Information Manager (BVIM), 81 TRW/IP, Unit Security Manager, and FSO prior to the contract start date. Updated listings shall be provided when a Contractor personnel’s status or information changes. Documents will be marked as FOUO as a minimum.

1.20. SECURITY REQUIREMENTS. All Contractor Personnel employed by the Contractor in the performance of this contract, or any representative of the Contractor entering the Government installation, shall abide by all security regulations of the installation (i.e., Keesler, AFI 31-101, Integrated Defense). The Contractor shall sign an agreement stipulating the security requirements of this contract.

1.20.1. Base Access. The Contractor shall obtain personal identification passes for all Contractor Personnel and vehicle passes for all Contractor Personnel’s personal vehicles, to include prospective Contractor Personnel, requiring entry onto KAFB. Additionally, the Contractor shall keep current, for Government inspection, a list of the names of Contractor Personnel employed on this contract. Contractor Personnel shall complete Keesler AFB Form 299, Application for KAFB Identification Card, and submit it through the CO to the Security Forces and Pass and Registration. Vehicle registration, proof of insurance, and a valid driver’s license must be presented for all vehicles to be registered.

1.20.2. Pass and Identification Requirements. Contractor Personnel whose duties require access to KAFB computer system are required to obtain a Common Access Card (CAC). To obtain a CAC, Contractor Personnel shall coordinate with their gaining unit’s security manager or the 81st Communications Squadron Consolidated Client Support Activity (CSA) at 228-376- 4335.

1.20.2.1. Applicability.

a. These requirements apply to Contractor Personnel requiring entry/access to KAFB for service contracts with periods of performance (POP) exceeding 60 days when a CAC is not issued.

(1) Contract POP begins at performance start date. The POP end date is based on the contract completion date.

(2) These requirements shall be included (flow down) to subcontracts at every tier.

b. These requirements do not apply to Contractor Personnel requiring entry/access to KAFB with a POP of 60 days or less. Entry/Access to KAFB for Contractor Personnel with a POP of 60

7 Jul 2017 days or less will be coordinated between the Contractor and the 81st Security Forces Squadron

(81 SFS).

c. When work under this contract requires unescorted entry to controlled or restricted areas, the Contractor shall comply with AFI 31-101, Integrated Defense, 8 Oct 09, and AFI 31-501, Personnel Security Program Management, 27 Jan 05, as applicable.

d. Contractor Personnel are not covered by Federal Acquisition Regulation (FAR) 52.222-3, Convict Labor, for the purposes of entry/access to installations/locations.

1.20.2.2. Badging System Data Requirements.

a. The Contractor shall provide the following to the Contracting Office:

(1) “Listing of personnel requiring access/entry.” The list shall contain the following:

(a) Contract number.

(b) Contract award date.

(c) POP dates.

(d) Work site(s) or location(s).

(e) Each employee’s full name and Social Security Number (SSN). For those without SSNs, a working visa or Permanent Resident Card with a Resident Alien number must be provided, or base entry will be denied.

(f) Identify up to two (2) Contractor Personnel for designation as “sponsor” authorities. Badges will identify the Contractor Personnel with sponsorship privileges.

(2) Completed KAFB Form 299 shall authorize Security Forces to fingerprint Contractor Personnel and conduct additional background checks. The consent form will outline the following:

(a) The Contractor Personnel for the purpose of the KAFB Form 299.

(b) The information on the form is collected IAW 18 U.S.C. 1382 and DoD Directive 5200.8, both of which permit installation commanders to limit access to installations for security reasons.

(c) Completion of the form is voluntary.

(d) Agreement to provide a specimen of fingerprints.

(e) Awareness of a list of “disqualifying factors.”

(f) Consent and authorization for Security Forces to conduct background screening and to compare fingerprints against State and Federal criminal databases.

(g) Knowing and willful false statements on the form can be punished by a fine, imprisonment, or both (10 U.S.C. 1001).

(h) The consent form shall remain valid for 24 months after the end of the contract.

b. The Contractor Personnel list and consent form(s) shall be submitted as follows:

(1) 81 SFS/PASS & ID e-mail account: 81 sfs.pass.id@us.af.mil. Personnel list must be submitted IAW the PWS. The signed KAFB Form 299 must be submitted in person to the 81 SFS/PASS & ID office.

(2) Refer questions regarding the Contractor Personnel list and KAFB Form 299 to 81 SFS/PASS & ID at 228-377-1845 or 228-377-3844.

1.20.2.3. Background Checks.

1.20.2.3.1. Upon receipt of the KAFB Form 299 with a copy of Driver’s License and Social Security card, a background check will be accomplished. Background checks will be categorized as favorable or unfavorable. Unfavorable background checks contain any one of the “disqualifying factors.” Any person with an unfavorable background check will be denied entry/access to the installation.

1.20.2.3.2. “Disqualifying factors” include:

a. You are or have been known to be or reasonably suspected of being a terrorist or belong to an organization with known terrorism links/support.

b. This installation is unable to verify your claimed identity.

c. You have previously been barred from access to a federal installation or stand-alone facility.

d. You are wanted by federal, state, local or civil law enforcement authorities regardless of the offense/violation.

e. You have been convicted of espionage, sabotage, treason, terrorism or murder.

f. Your name appears on federal agencies "watch lisf' or "hit lisf' for criminal/te1rnrist activity.

g. You have been convicted of a firearm or explosive violation.

h. You have been convicted of sexual assault, armed robbery, rape, child molestation, child pornography, trafficking in humans, drug possession with intent to sell, or drug distribution.

i. You have knowingly and willfully engaged in acts or activities designed to overthrow the U.S. Government by force.

j. You present a threat to the good order, discipline and morale of the installation.

1.20.2.3.3. An unfavorable background check/denial may be appealed through the 81 SFS/PASS & ID. The appeal shall include a signed letter of rebuttal and any associated supporting documentation to the 81 SFS/PASS & ID.

1.20.2.3.4. Given a reasonable cause, condition, or reason, these requirements do not circumvent the installation/location commander’s unilateral authority to deny or withdraw any individual’s entry/access to an installation/location.

1.20.2.3.5. Badge and Fingerprint Schedule. 81 SFS/Pass & ID will notify the Contractor upon completion of background checks. Badging and fingerprinting shall be scheduled by contacting the Contractor by phone. Contractor Personnel shall report to the 81 SFS/Pass & ID with a photo ID issued by a federal/state organization (i.e. Driver’s License, State ID card, U.S.

Passport, etc.). IAW the Real ID Act, Individuals will no longer be able to access Air Force installations with a state-issued identification card or driver's license from Minnesota, Missouri, Washington or American Samoa beginning 15 Aug 2016. If no approved photo ID is shown, a badge will not be issued.

1.20.2.3.6. Change in Employee Entry/Access Status (Deletions).

a. No later than five (5) workdays after a change in status for Contractor Personnel requiring entry/access, the Contractor shall return identified badges to the 81 SFS/Pass & ID.

b. The Contractor shall notify the Contractor Personnel of their change in status for entry/access.

c. Unfavorable fingerprints shall constitute immediate deactivation of the issued badge(s) to the disqualified Contractor Personnel.

(1) 81 SFS may confiscate badge(s) of the Contractor Personnel present on base at the time of the unfavorable result notification. 81 SFS may escort the Contractor Personnel from KAFB IAW Security Forces guidelines.

(2) 81 SFS/Pass &ID shall notify Contractor of an unfavorable fingerprint result and request the Contractor to return the badge IAW this PWS (unless already confiscated).

1.20.2.3.7. Badge Loss/Replacement.

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a. Contractor Personnel requiring a replacement badge shall contact the 81 SFS/Pass &ID at 228-377-3844 to schedule a badge appointment.

b. Lost badge(s) require a signed letter from the Contractor and Contractor Personnel that lost the badge requesting replacement of badge(s) due to loss or damage.

1.20.2.3.8. Contract Completion, Return of Badges. No later than five workdays after contract completion, the Contractor shall return all badges to 81 SFS/Pass & ID. All badges are returned collectively by the Contractor, not incrementally/individually by the Contractor Personnel. The badge turn-in shall identify the contract name.

1.20. Operational Security (OPSEC).

1.21.1. Contractor shall contact the 81 TRW OPSEC office when any government records are found during collection of medical waste within 24hrs.

1.21.1.1. 81 TRW OPSEC Office 377-7343 or 377-2222.

1.21.2. Disclosure of Information.

1.21.2.1. Contractor personnel or Contract Management Staff shall not release any unclassified information to anyone outside the Contractor’s organization. Unclassified information, regardless of medium (e.g., film, tape, document), pertaining to the execution of any part of this contract or any program related to this contract shall not be released unless:

1.21.2.1.1. The CO, the Medical Group (MDG) Commander, or MDG OPSEC Coordinator has given prior written approval.

1.21.2.2. Requests for authorization to release information shall identify the specific information to be released, the medium to be used, and the purpose for the release.

1.21.2.3. The Contractor shall submit the request to the CO, the MDG Commander, or MDG

OPSEC Coordinator at least 45 days prior to the proposed release date.

1.21.2.4. Contract Management Staff shall submit requests through the prime contractor to the

CO, MDG Commander, or MDG OPSEC Coordinator.

1.22. LEVEL I ANTI-TERRORISM (AT) AWARENESS. Level I Anti-Terrorism (AT)

Awareness Training is available upon request and will be conducted by the Installation Anti-Terrorism Officer (ATO). Contact the 81st Security Forces Squadron (81 SFS/S2AT), at 228-376-6613.

1.23. SAFETY.

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1.23.1. Obligations. Contractors shall comply with the Occupational Safety and Health Act (OSHA, Public Law 91-596) and the resulting standards, OSHA Standards 29 CFR 1910 and 1926. The detailed provisions of the act for accident prevention are directly applicable to all Contractor operations. Prime Contractors are also responsible for ensuring any sub-contractors also adhere to OSHA Guidance. OSHA compliance officers visit Contractor worksites on the installation.

1.23.2. Responsibilities. Following is a list of responsibilities for Contracting, Contractor, and

Wing Safety personnel.

a. Contractor Responsibilities.

(1) Contractors are responsible for ensuring all industrial safety provisions are followed.

(2) Contractors must report all accidents involving Air Force people, property, or equipment damage, and any Contractor personnel injured in the performance of the Air Force contract to the CO.

(3) Take immediate corrective action to comply with safety regulations if informed of a violation by the CO.

b. Contracting Officer (CO) Responsibilities.

(1) Inform Contractor of non-compliance with safety regulations, which may cause injury to Air Force personnel or property.

(2) Notify Wing Safety of any injuries or damage to AF property reported by the

Contractor, in performance of an Air Force contract.

c. Wing Safety Responsibilities.

(1) 81st Training Wing Safety Personnel will periodically monitor Contractor operations to ensure safety regulation compliance as it applies to Air Force personnel and equipment.

(2) Wing Safety personnel are available to the CO for technical assistance on matters pertaining to accident prevention.

(3) Notify the CO if a safety procedure or condition exists which requires correction by the Contractor.

1.23.3. Safety Rules. Contractors shall pay particular attention to the following safety rules and ensure strict compliance while on the installation.

a. General Safety Rules While on the Installation.

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(1) Ensure adequate lighting and barricading is available and used for day and night operations.

(2) Use proper shoring during trenching operations.

(3) Post proper warning signs at indoor and outdoor operations.

(4) Secure materials when doing high work, during high winds, or when high winds are forecasted.

(5) Use warning signs, barricades, or flagmen when operations present a hazard to drivers, pedestrians, or workers.

b. Traffic Rules While on the Installation. All drivers, mobile equipment, and vehicles must comply with applicable federal, state, and local laws.

(1) Seat belts are mandatory for all passengers as well as drivers

(2) An approved bicycle helmet is required to be properly worn while riding bicycles on the installation.

(3) Drive the speed limit:

(a) Base proper speed limit is 25 mph or as posted.

(b) Housing area speed limit is 15 mph.

(c) Parking lot speed limit is 5 mph.

(4) Give full attention to the operation of the vehicle. Do not operate any form of electronic device while driving to include cellular phones, iPads, laptops, etc.

Mobile electronic devices are only allowed to be utilized while driving if equipped with a hands-free option such as Bluetooth.

(5) Park in designated areas and IAW Keesler AFB Instruction (KAFBI) 31-218, Installation Traffic Code.

(6) No riding in the beds of trucks, buckets of front end loaders, or tandem riding on vehicles designed for one-person operation.

(7) Use safety chains in addition to towing hooks when towing equipment.

(8) Place a light on the rear of equipment being towed during the hours of darkness.

(9) Mark overhanging portions of loads with warning flags or lights.

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(10) When driving or using a crane or cherry picker, be cautious around power lines crossing the road and don't position booms closer than 10 feet to overhead high voltage lines.

(11) Ensure electrical work is IAW the National Electric Code.

(12) Upon encountering troop formations on the installation:

(a) Maintain 50-foot distance behind formations until signaled to pass by the troop commander. When signed to pass troop formation, do not exceed 10 mph while passing.

(b) When passing from the front, proceed without stopping, but slow to 10 mph while passing.

1.24. SMOKING IN AETC FACILITIES. Contractors are advised that the Commander has placed restrictions on the smoking of tobacco products in AETC facilities. AFI 40-102, Tobacco Free Living, 4 Mar 15, outline the procedures used by the commander to control smoking in our facilities. Contractors and visitors are subject to the same restrictions as Government personnel.

Smoking is permitted only in designated smoking areas.

1.25. ENVIRONMENTAL MANAGEMENT SYSTEM (EMS). All Contractor personnel shall complete Environmental Management System (EMS) Awareness training prior to commencement of any activities. Training is available through the Air Force Advanced Distributed Learning Service (ADLS), the Environmental, Safety and Occupational Health Training Network (ESOHTN), or through the Environmental Office (KBOS/CEV).

1.26. HAZARDOUS MATERIALS. In the event that hazardous materials will be used in the execution of this contract, the Contractor shall be required to obtain authorization from the Installation Hazardous Materials Management Program before ordering or purchasing the hazardous product, IAW AFI 32-7086, Hazardous Materials Management, 2 Feb 15. This authorization process may take up to two weeks, which should be considered in the performance period of this contract.

1.27. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996

(HIPAA). HIPAA is comprised of several different sections, each to be implemented by the Department of Health and Human Services. The medical facilities of the military services and the DOD health plans are specifically listed as covered by HIPAA. Currently, HIPAA Privacy and Security Rules, as set forth in the Code of Federal Regulations, are in effect for all MTF. The specific implementation of HIPAA Privacy for DoD MTFs is set forth in DOD 6025.18-R, DoD Health Information Privacy Regulation, 24 Jan 03, and for HIPAA Security, the requirements for AF MTFs are contained in DOD 8580.02-R, DoD Health Information Security Regulation, 12 Jul

07. DOD 6025.18-R and DOD 8580.02-R are incorporated herein by reference. MTFs are responsible to ensure overall compliance with HIPAA requirements, which includes incorporation of certain requirements in contracts entered or amended after the respective implementation dates. IAW these regulations, the Contractor and its employees meet the

7 Jul 2017 definition of Business Associates; therefore, a Business Associate Agreement is required by law to comply with both the HIPAA Privacy and Security regulations. This clause serves as that agreement for each MTF, whereby the Contractor and its employees agree to abide by all HIPAA Privacy and Security requirements regarding health information as defined in this clause, DoD 6025-18-R and DoD 8520.02-

1.27.1. Introduction.

1.27.1.1. 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 8520.02-R.

1.27.1.1.1. HITECH Act shall mean the Health Information Technology for Economic and Clinical Health Act included in the American Recovery and Reinvestment Act of 2009.

1.27.1.1.2. Individual has the same meaning as the term “individual” in 45 CFR 164.501 and

164.103 and shall include a person who qualifies as a personal representative IAW 45 CFR 164.502(g).

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

1.27.1.1.4. Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 164.501, limited to the information created or received by the Contractor from or on behalf of the Government.

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

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

164.501 and 164.103.

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

1.27.1.1.8. Security Incident shall have the same meaning as the term “security incident” in 45 CFR 164.304, limited to the information created or received by Contractor from or on behalf of the Covered Entity.

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

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

1.27.1.2.1. The Contractor agrees to not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

1.27.1.2.2. The Contractor agrees to use appropriate safeguards to maintain the privacy of the Protected Health Information and to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

1.27.1.2.3. The HIPAA Security administrative, physical, and technical safeguards in 45 CFR 164.308, 164.310, and 164.312, and the requirements for policies, procedures, and documentation in 45 CFR 164.316 shall apply to the Contractor. The additional requirements of Title XIII of the HITECH Act that relate to security and that are made applicable with respect to covered entities shall also be applicable to the Contractor. 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.

1.27.1.2.4. The Contractor agrees 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 Contract.

1.27.1.2.5. The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware.

1.27.1.2.6. The Contractor agrees to 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.

1.27.1.2.7. The Contractor agrees to 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.

1.27.1.2.8. The Contractor agrees to 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.

1.27.1.2.9. The Contractor agrees to provide access, at the request of the Government, and in the time and manner 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.

1.27.1.2.10. The Contractor agrees to 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 or an Individual, and in the time and manner designated by the Government.

1.27.1.2.11. The Contractor agrees to make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the

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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 designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule.

1.27.1.2.11.1. The Contractor agrees to 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 IAW 45 CFR 164.528.

1.27.1.2.12. The Contractor agrees to provide to the Government or an Individual, in time and manner designated by the Government, information collected IAW 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 IAW 45 CFR 164.528.

1.27.2. General Use and Disclosure Provisions. Except as otherwise limited in this Agreement, 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, IAW the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, DoD 6025.18-R, the HIPAA Security Rule, or DoD 8580.02-R if done by the Government. The additional requirements of Title XIII of the HITECH Act that relate to privacy and that are made applicable with respect to covered entities shall also be applicable to the Contractor.

1.27.3. Specific Use and Disclosure Provisions.

1.27.3.1. Except as otherwise limited in this Agreement, 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.

1.27.3.2. Except as otherwise limited in this Agreement, 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.

1.27.3.3. Except as otherwise limited in this Agreement, 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).

1.27.3.4. 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).

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

1.27.3.5.1. Upon request, the Government will provide the Contractor with the notice of privacy practices that the Government produces IAW 45 CFR 164.520, as well as any changes to such notice.

1.27.3.5.2. The Government will 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.

1.27.3.5.3. The Government will notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to IAW 45 CFR 164.522.

1.27.3.6. Permissible Requests by the Government. The Government will not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, DoD 6025.18R, the HIPAA Security Rule, or 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.

1.27.3.7. Termination.

1.27.3.7.1. Termination. A breach by the Contractor of this clause may subject the Contractor to termination under any applicable default or termination provision of this Contract.

1.27.3.7.2. Effect of Termination.

1.27.3.7.2.1. If this contract has records management requirements, the records subject to the Clause should be handled IAW the records management requirements. If this contract does not have records management requirements, the records should be handled IAW paragraphs (b) and

(c) below.

1.27.3.7.2.2. If this contract does not have records management requirements, except as provided in paragraph (c) 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.

1.27.3.7.2.3. 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

7 Jul 2017 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.

1.27.4.