Draft PWS Safe Drinking Water Program.doc

Safe Drinking Water Program Manager

PERFORMANCE WORK STATEMENT

FOR

SAFE DRINKING WATER PROGRAM

MANAGER

AT

KADENA AB, OKINAWA, JAPAN

18 AMDS/SGPB

Kadena AB, Okinawa, Japan

April 2011

TABLE OF CONTENTS

1. DESCRIPTION OF SERVICES

1.1. General Description. The contractor shall provide all personnel, equipment tools, materials, supervision, and other items and services necessary Safe Drinking Water Program Manager services as defined in this PWS, except as specified as government-furnished property and services, at Camp Foster, Camp Kinser, Okuma Recreation Services, Camp McTuraeous, Camp Courtney, Camp Shields, O’Donnell Gardens Housing Areas, Chibana Housing Areas, and Kadena AB, Okinawa, Japan. The contractor shall perform to the standards in this contract

1.2 SAFE DRINKING WATER PROGRAM MANAGER

1.2.1. Scope of Work. The purpose of this work effort is to provide management and operations of the Safe Drinking Water Program for Kadena AB and all military housing units in various areas in Okinawa, Japan. Contractors shall perform and manage various safe drinking water tasks, to include performing water sampling in various locations in Okinawa, complete chain of custody, ship water samples to laboratory for analysis, prepare annual sampling and analysis budget, and conduct annual vulnerability assessment review. Contactors shall enter Safe Drinking Water sampling results and data in the Defense Occupational and Environmental Health Readiness System (DOEHRS).

1.2.2 SPECIFIC TASKS

1.2.2.1 The contractor shall perform procedures according to accepted OSHA, Air Force Occupational Health Standards, or American Industrial Hygiene Association (AIHA) standards in accordance with Air Force Instructions (AFIs), Medical Group Instructions (MGIs), and Operating Instructions (OIs) applicable to BE.

1.2.2.2 The contractor shall collect water samplings on Kadena AB and in various military family housing units in Okinawa, Japan. Contractor shall prepare water samples and complete chain of custody for shipment to EPA approved laboratory in United States.

1.2.2.3 The contractor shall use the Japan Environmental Governing Standards to draft annual water sampling and analysis compliance plan for Kadena AB and various military family housing in Okinawa, Japan. All drinking water sampling analysis, supplies and media expenses must be tracked and accounted for.

1.2.2.4 The contractor shall conduct indoor air quality and mold assessments in military housing units and workplaces.

1.2.2.5 The contractor shall prepare chain of custody, package and ship water samples to laboratory and conduct follow up with laboratory until all results are received and filed. Contractor must keep up to date log of sampling data and results.

1.2.2.6 The contactor shall enter all water sample data and results into DOEHRS and print out monthly status reports in accordance with Health Service Inspection protocols.

1.2.2.7 The contractor shall perform other tasks, as required, to include preparation of schedules, and planning and programming documents to include:

1.2.2.8. Preparation of a Work Plan and Quality Control Plan for the proposed effort.

1.2.2.9. Preparation of a tentative schedule for accomplishing the above mentioned tasks.

1.2.2.10 Other tasks associated with this work effort include:

1.2.2.11 Conducting monthly review meetings with the BE Flight Commander.

1.2.2.12. Conducting monthly quality assurance meetings.

1.2.2.13. Preparation of monthly Progress, Status, and Management Reports to include description of progress, tracking of expenditures, and proposed schedule.

1.2.3. SPECIFIC PROCEDURES FOR WHICH THE CONTRACTOR SHALL BE RESPONSIBLE

1.2.3.1 The Contractor shall perform procedures compatible with the BE mission and equipment. New procedures/services shall not be introduced without prior recommendation to, and approval of, the BE Flight Commander or authorized representative.

1.2.4 EDUCATION, TRAINING and EXPERIENCE REQUIREMENTS

1.2.4.1 The qualification requirements for the positions are as follows:

1.2.4.1.1 The contractor shall have a minimum of three years management experience in various areas of occupational and environmental health such as safe drinking water sampling/analysis/monitoring, indoor air quality surveys, facility water damage assessments, hazard communication, respiratory protection program, hazardous materials/wastes management and extensive knowledge in Environmental Protection Agency regulations and Japanese Environmental Governing Standards.

1.2.4.1.2 The contractor shall comply with the DoD 5200.2-R, Personal Security Program, and API 33-119, Electronic Mail Management and Use, requirements for contractor personnel operating Government workstations that have unclassified automated information systems (e-mail, MIS, Internet, CAMS, etc.). Request for National Agency Checks (NAC)/favorable background investigation per AFSSI 8522 Chap 3.1.2, on contractor personnel hired at the beginning of the contract, shall be submitted to the Government not later than 14 working days from the contract start date. Request for NACs on contractor personnel hired subsequent to the contract start date shall be submitted to the Government not later than five (5) workdays from the employee’s first duty day. Contractor personnel receiving unfavorable NACs shall not be hired. The Government at no additional cost to the contractor shall submit these investigations.

2. SERVICES SUMMARY (SS)

2.1. General. The purpose of this paragraph is to state the performance objectives, the paragraph and identify the performance threshold to determine the overall effectiveness of services delivered to the government. The SS will be used in evaluating contractor performance.

2.2. Bioenvironmental Engineering Program Manager

SS 1

The contractor shall collect water samplings on Kadena AB and in various military family housing units in Okinawa, Japan. Contractor shall prepare water samples and complete chain of custody for shipment to EPA approved laboratory in United States.

Periodic review of records and customer feedback.

SS 2

The contractor shall use the Japan Environmental Governing Standards to draft annual water sampling and analysis compliance plan for Kadena AB and various military family housing in Okinawa, Japan. All drinking water sampling analysis, supplies and media expenses must be tracked and accounted for.

Periodic review of records and customer feedback.

SS 3

The contractor shall conduct indoor air quality and mold assessments in military housing units and workplaces.

Periodic review of records and customer feedback.

SS 4

The contractor shall prepare chain of custody, package and ship water samples to laboratory and conduct follow up with laboratory until all results are received and filed. Contractor must keep up to date log of sampling data and results.

Periodic review of records and customer feedback.

SS 5

The contactor shall enter all water sample data and results into DOEHRS and print out monthly status reports in accordance with Health Service Inspection protocols.

Periodic review of records and customer feedback.

3. GOVERNMENT-FURNISHED PROPERTY AND SERVICES

3.1. General Information. The government will provide the facilities, equipment, materials, services, technical order, publications and forms as stated elsewhere in this PWS. If facilities, equipment, materials or services are not listed as government furnished or government shared, they shall be contractor furnished.

3.2 Government-Furnished Facilities. The government will furnish the following facilities: office and rest room at Building 428, Kadena AB, Japan.

3.2.1 Government-Furnished Supplies. The MTF will provide medical and non-medical supplies commonly used in the facility for the care and management of patients. Commonly used supplies are those routinely stocked by the MTF.

3.2.2 Government-Furnished Equipment/Office Furniture. The contractor shall have joint use of all available equipment for performing services required by this contract. Office space, furniture, standard desktop computer, telephone with DSN capability, fax, and reproduction capabilities will be available. Office supplies, necessary computer hardware and software programs, e-mail with af.mil address, computer technical support, and administrative assistance for travel requirements will be available.

3.2.3 Personal Protective Equipment (PPE). The Government will furnish the contractor with appropriate PPE. The Government will be responsible for any repair, cleaning, and inventory required for the PPE.

3.2.4 Computer Equipment. The MTF will provide computer equipment needed to perform services required in this PWS. The MTF will provide required training for these systems. All software and hardware, passwords/access to military Internet/e-mail and applicable databases will be available within the scope of this contract. The contractor shall comply with local, AF and DoD policies concerning Information Management and Information Technology applications and connectivity to military systems.

3.2.5 Information. The Government will provide manuals, texts, briefs and other materials associated with the execution of all contract requirements. All available documentation for current systems/training materials associated with this contract will be available for contract personnel. All provided documentation shall remain the sole property of the Government and will be returned to the Quality Assurance Personnel (QAP) or Program Manager (PM) upon completion of this contract. Information provided by the Government and/or developed during the performance period of this contract shall not be disseminated without approval by the QAP or PM.

3.3 Equipment Accountability. The contractor shall be liable for loss or damage to government- furnished property and equipment beyond fair wear and tear in accordance with the clause of the contract. The contractor shall report all lost, damaged or destroyed government furnished equipment to the Contracting Officer (CO) within 72 hours of discovery. In the case of loss or damage beyond economical repair to property and equipment, the CO shall determine the amount of the contractor’s liability.

3.4. GOVERNMENT-FURNISHED SERVICES

3.4.1. Telephone Services. Use of a Government supplied phone is provided solely for official government business and shall not be used to transact personal business by contractor or his employees. The contractor shall contact the QAP for repair service. The government will not be responsible for charges for long distance telephone calls made or accepted by contractor personnel. Telephone services will be subject to the standard monitoring requirements of the government telephone network.

3.4.1.1. Cell Phone Usage. Cell phones shall not be in use while driving on base unless driver is using a “hands- free device.”

3.4.2. Base Distribution. The contractor may use the Base Information Transfer Center (BITC) to send mail on base.

3.4.3. Refuse Collection. Refuse Collection. The base refuse and recycling contractor is responsible for the collection and removal of all trash and refuse. However, when the contractor finds it necessary, at times, to dispose of refuse and trash generated as a result of this contract requirement, it may be input into the base dumpsters.

3.4.4. Recycling Program. The contractor shall be required to participate in the base-recycling program.

3.4.4.1. Custodial Service. The base custodial service contractor will be responsible for the standard of cleaning and trash removal from the contractor work area as stated in the base contract. The QAP will inform the contractor of the required standard.

3.4.5. Emergency Medical Service. The 18th Medical Group will provide emergency medical services, if required, on a reimbursable basis.

3.3.6 Utilities. The government will furnish reasonable amounts of utilities to include electricity, water, sewage, and heating. The contractor shall exercise responsible use of all utilities.

3.3.7 Housekeeping Services. Service providers shall not smoke inside government buildings. The service provider shall ensure that their work areas are neat, clean, and orderly.

3.3.8. Passes for Contractor and Employees. SOFA Status and all privileges will be granted under this contract. The Contractor shall submit a request for base passes for all employees to the 18th Contracting Squadron, Attention: 18 CONS/LGCA, for recommendation of approval by the Pass and ID Section. The Contractor shall hand carry the approved request to the Pass and ID Section, Bldg 721, Kadena Air Base. The Government reserves the right to obtain certification of receipt for all base passes upon termination of employment or completion of contract, prior to payment of final invoice.

3.5. GOVERNMENT-FURNISHED PUBLICATIONS AND FORMS

3.5.1. Publications and forms that apply to the PWS are listed below. The contractor shall maintain current copies of forms and publications via the Internet at http://afpubs.hq.af.mil/ for the documents required to provide Bioenvironmental Engineering Program Manager services.

3.5.2. The government will notify the contractor as follow-on requirements changes occur. Supplements or amendments to listed publications from any organization level may be issued during the life of the contract. The contractor shall immediately implement those changes that result in a decrease or no change in the contract price and notify the CO in writing of such change. Should a decrease in contract price result, the contractor shall provide a proposal for a reduction in the contract price to the CO. Before implementing any change that will result in an increase in contract price, the contractor shall submit to the CO a price proposal within 30 days following receipt of the change by the contractor. Upon completion of the contract, the contractor shall return to the government all issued publications and forms.

3.5.3 Operating Instructions/Orientation. Operating instructions and all forms/publications will be available to contract personnel. Initial familiarization with the local installation/organization will be provided.

PUBLICATIONS

Chapter

4. GENERAL INFORMATION

4.1. CONTRACTOR PERSONNEL

4.1.1. Contract Manager. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of the contract manager and an alternate(s), who shall act for the contractor when the manager is absent, shall be designated in writing to the contracting officer prior to contract start date.

4.1.1.1. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to the daily operation of this contract.

4.1.1.2. The contract manager or alternate shall be available during standard duty hours within 60 minutes to meet on the installation with government personnel designated by the contracting officer to discuss problem areas. After standard duty hours the manager or designated alternate shall be available within 2 hours.

4.1.1.3. The contract manager and alternate(s) shall be able to read, write, speak, and understand English.

4.1.2. Contractor Employees. The contracting officer may restrict the employment under the contract of any contractor employee, or prospective contract employee who is identified as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population.

4.1.2.1. Contract personnel shall present a neat appearance and be easily recognized. This may be accomplished by wearing clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee’s name. The Contractor is responsible for acquiring an appropriate number of badges to meet their needs at their own expense.

4.1.2.2. The contractor shall ensure that employees have the following current and valid professional certifications before starting work. Vehicle operators shall have a valid driver’s license.

4.1.2.3. The contractor shall not employ any person who is an employee of the United States Government if the employment of that person could create a conflict of interest, nor shall the contractor 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 in accordance with DOD 5500.7-R Joint ethics Regulation (JER), Chapter 2. In addition, the contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies contained in AFI 64-106, Air Force Industrial Labor Relations Activities, paragraph 3.

4.1.2.4. 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 or active duty. The abrupt absence of these personnel could adversely affect the contractor’s ability to perform. Their absence at any time shall not constitute an excuse for nonperformance under this contract.

4.2. QUALITY CONTROL

4.2.1. The contractor shall provide a comprehensive Quality Control Plan (QCP) for all work required in this PWS. The written QCP shall be submitted to the contracting officer for acceptance no later than the pre-performance conference. The contracting officer will notify the contractor of acceptance or required modifications that shall be made to the plan.

The plan shall include, at a minimum:

A description of the inspection system to cover all services listed on the Services Summary (SS). The description shall include specifics as to the areas to be inspected on a scheduled and unscheduled basis, frequency of inspections, submission of QC schedule and the title and organizational placement of the quality control inspectors (QCIs). Additionally, control procedures for any government provided keys or lock combinations shall be included.

A description of the methods to be used for identifying and preventing defects in the quality of service performed.

A description of the records will be kept to document inspections and corrective or preventive actions taken. This includes the use and distribution of required forms and reports.

The records of inspections shall be kept and made available to the government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

4.3. PERFORMANCE MANAGEMENT ASSESSMENT PROGRAM (QA)

4.3.1. The Government’s QAP may evaluate the contractor’s performance at any time during the duration of this contract. Inspections will be conducted IAW the Performance Plan (PP) with the intent of verifying compliance with contract requirements and performance within the performance thresholds included in the SS. The assessment/evaluation methods identified in the PP, in concert with the contractor’s quality control procedures, will also help in evaluating the contractor’s success in delivering the level of performance agreed to in the contract. Government QAP may use the contractor’s Quality Control Plan (QCP) as the basis for their evaluations. Following contract award, the PP will be reviewed to ensure it will work cooperatively with contractor’s QCP, but not duplicate its provisions. The PP is a living document, and may change throughout the life of the contract to ensure contract standards are met. QAP will record all surveillance observations. When observation indicates defective performance, the QAP will require the contract manager or representative at the site to initial the observation. This initialing of the observation(s) does not necessarily constitute concurrence with the observation only acknowledgment that the contractor’s representative has been made aware of the defective performance. If performance defects are identified and validated by the QAP, the contractor shall be provided the opportunity to re-perform. Disputes between QAP and contractor personnel over performance standards shall be referred to the contracting officer for final determination. The government reserves the right to inspect tasks not shown on the SDS.

4.4. RE-PERFORMANCE

4.4.1. Re-performance of Service. When service performed does not conform to contract requirements, the contractor shall re-perform the service in conformity with the contract specifications at not additional cost to the Government. Re-performance of the services shall commence immediately upon notification by the contracting officer’s representative, and the contractor shall have a sufficient workforce dedicated to ensure corrections are accomplished by noon the next day without degradation to standard services.

4.4.2. Acceptable Performance. Acceptable performance is achieved when the contractor’s performance meets or exceeds the contract standards.

4.4.3. Unacceptable Performance. Unacceptable performance exists when the contractor does not meet the minimum contract performance standards. When the contractor’s performance is unacceptable, the QAP will determine the cause of the unacceptable performance. If any Government action, or lack of action, caused or contributed to the unacceptable performance, the unacceptable performance will not be counted against the contractor. The QAP will take action to ensure Government action, or lack of action, does not interfere with the Contractor’s performance in the future. The QAP will completely document the circumstance accordingly.

4.4.4. When the unacceptable performance is not the result of Government action, or lack of action, QAP shall promptly notify the contractor and issue a Corrective Action Report (CAR) to the contractor to assure corrective action is taken. By initialing and dating the CAR, the contractor representative is acknowledging that she/he has been informed of the unacceptable performance and is not necessarily agreeing with the performance assessment. QAP shall direct the contractor to re-perform the service, if possible, without additional cost to the Government. If the contractor challenges the validity of the QAP unacceptable assessment finding, and the QAP and contractor cannot come to an agreement, the matter shall be referred to the Contracting Officer for resolution. The contractor shall be required to return all completed CARs to the QAP no later than the suspense date indicated on the CAR.

4.4.5. Unacceptable performance re-performed by the Contractor and acceptable to the QAP shall not be considered a defect. However, unacceptable performance not corrected or re-performed and still considered unacceptable by the QAP will be considered “a defect”.

4.4.6. The QAP shall maintain a CAR log of all CARs issued to the Contractor (a locally devised form may be used). The CAR log shall contain the CAR number, date issued, contractor, description of unacceptable performance, suspense date, and closeout date. All CARs and CAR logs shall be maintained by the QAP for the life of the contract.

4.5. HOURS OF OPERATION

4.5.1. Standard Duty Hours. The contractor shall maintain the following customer service hours: Standard duty hours shall be Monday - Friday from 0700-1600.

4.5.2 Federal Holidays. The contractor is not required to provide services on the following days:

4.5.2.1. On work days that have been declared “family days,” the Base may be minimally manned with many offices and facilities closed. On these days, the QAP shall ensure that the contractor can gain entrance to the work site.

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday.

4.5.3. Holiday Services. Services scheduled for a certain day of the week, but cannot be performed due to a federal holiday, shall be performed either the day before or the day after the holiday. If a service is scheduled on Monday and that Monday is a holiday, then the service shall be performed on the day after the holiday (Tuesday). Services scheduled for Friday and a holiday is on Friday, then the service shall be performed on the Thursday before the holiday.

4.6 SAFETY REQUIREMENTS

4.6.1. Safety of personnel and performance shall conform to Office of Safety and Health Administration (OSHA) requirements as specified in AFI 91-301, Air Force Occupational Safety and Health Program.

4.6. 2 CONTINUATION OF ESSENTIAL DOd CONTRACTOR SERVICES DURING CRISES, iaw DOD INSTRUCTION 3020.37 – WHEN APPLICABLE

4.7. SECURITY REQUIREMENTS

4.7.1. Identification and Base Passes. The contractor shall obtain identification cards and base passes for employees and vehicles. Application shall be coordinated through the CO or designated representative. At time of application, Security Forces may conduct a background check on employees. Upon termination of employment, the contractor shall return identification cards and base passes to Security Forces within 24 hours.

4.7.2 Key Control: The contractor shall establish and implement methods of ensuring that all keys issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. The contractor shall report lost keys to QAP. The contractor shall not duplicate any keys.

4.7.2.1 The Government may, at its option, require the contractor to replace keys, reimburse the government for replacement of locks, or re-key as a result of contractor losing keys. In the event a master key is lost or duplicated, the contractor shall replace all locks and keys for that system and the total cost shall be deducted from the monthly payment.

4.7.3 The contractor shall achieve the same level of trustworthiness for contractor or subcontractor personnel as required for Government personnel with similar access to automated information systems (AISs) and networks containing DoD Sensitive Information (SI). The contractor shall meet the personal security requirements for Automated Data Processing (ADP) access in DoD 5200,2-R, Personnel Security, for employees and subcontractor employees that require access to Government (IT) systems or DoD SI, or are involved in developing, delivering, or supporting IT systems and services, or safeguarding DoD sensitive information within Government or contractor systems. The contractor shall classify ADP/IT or related positions, submit appropriate paperwork for background investigations or proof of a favorable adjudication, ensure individuals receive requisite training, and document compliance. Personnel background investigations and training must be initiated before access to DoD AIS/networks or DoD SI is allowed. Following contract award, details for completing and forwarding forms for requesting an investigation will be coordinated with the Government IT Security Officer designated for the networks and systems being accessed.

4.7.4 The contractor shall use Protected Health Information (PHI) for their designated project only. This information shall not be used to create databases or any other product not intended for use specifically for this project. All PHI related to the project, but not delivered to the Government, shall be destroyed at the conclusion of the tasking. Destruction of the information shall comply with The Deputy Secretary of Defense Memorandum, subject: “Destruction of DoD Computer Hard Drives Prior to Disposal,” dated January 8, 2001. The Memorandum requires that all hard drives containing unclassified data being disposed of outside DoD be removed and destroyed through sanitation of SI from storage media in a manner that gives assurance that the information is unrecoverable by technical means.

4.7.4.1 AU PHI processed and hard copy output by government and contractor Information Systems, ISs, and networks is considered SI and will be treated as “For Official Use Only”, FOUO, information, as directed by DoD 5400.7, “Freedom of Information Act,” September 1997. Any SI (e.g., PHI and privacy data, processed, printed, stored, or manipulated on government and contractor ISs and networks will be protected, marked, and labeled in accordance with DoD 5200. 1-R.

4.7.4.2 The contractor shall maintain, transmit, retain in strictest confidence, and prevent the unauthorized duplication, use, and disclosure of PHI in accordance with Standards for Privacy of Individually Identifiable Health Information, Final Rule, December 28, 2000, DoD Health Information Privacy Regulation (DoD 6025.1 8-R), the Privacy Act, and DoD Privacy Program (DoD 54.00.11-R). The Contractor shall provide data information only to employees, Contractors, subcontractors, and Government personnel having a need to know such information in the performance of their duties for this project. The Contracting Officer’s representative or QAE shall approve the release of any patient information prior to the release.

4.7.5 Classified Information: The contractor shall safeguard all sensitive and For Official Use Only (FOUO) information that the contractor may be subjected to during the course of fulfilling this contract. Contractor personnel shall not disclose sensitive and FOUO information to any personnel or agencies, Government or civilian who do not have a verifiable need to know of that information.

4.7.5.1 Should contractor personnel receive or suspect they have learned of classified information; the contractor shall identify theft suspicion to the CO or QAP. The CO or QAP shall then arrange for a security debriefing between the contractor and the appropriate security personnel.

4.7.6 Restricted Area Access: The QAP shall arrange for any necessary access to restricted areas.

4.7.7 NATIONAL AGENCY CHECKS. The contractor shall comply with the DoD 5200.2-R, Personal Security Program, and API 33-119, Electronic Mail Management and Use, requirements for contractor personnel operating Government workstations that have unclassified automated information systems (e-mail, MIS, Internet, CAMS, etc.) Request for National Agency Checks (NAC)/favorable background investigation per AFSSI 8522 Chap 3.1.2, on contractor personnel hired at the beginning of the contract, shall be submitted to the Government not later than 14 working days from the contract start date. Request for NACs on contractor personnel hired subsequent to the contract start date shall be submitted to the Government not later than five (5) workdays from the employee’s first duty day. Contractor personnel receiving unfavorable NACs shall not be hired. The contractor shall provide a background check at no cost to the government for purposes of this requirement.

4.8. GOVERNMENT PERFORMANCE OF SERVICES DURING LABOR STRIKES

4.8.1. The services called for under this PWS are of critical importance to the Air Force, the government reserves the right to take over performance in the event of a labor strike by the contractor’s employees which impairs the contractor’s ability to satisfactorily perform the contract. In such event, the government may elect to perform services with exclusively government personnel in accordance with AFI 64-106.

4.8.2. Under such circumstances and at the direction of the Contracting Officer, the Contractor agrees to remove its non-striking force from the performance site and not to interfere in any way with government performance.

4.8.3. Contractor further agrees under such circumstances to permit the government to use any essential contractor-furnished property. The government will equitably compensate the Contractor for use of such property.

4.8.4. Contractor shall not be entitled to payment for any performance period or parts thereof during which the government assumes performance.

4.9 EMPLOYEE TRAINING

4.9.1. MTF Requirements. The contractor shall complete all MTF-specified orientation program(s), initial and annual training requirements, to include all computer programs necessary to perform specific tasks and comply with all MTF policies, procedures, productivity standards and instructions as provided by the MTF.

4.9.2 Basic Life Support Certification. At a minimum, the contractor shall maintain current certification in either the American Heart Association Basic Life Support (BLS) (Course C) or the American Red Cross CPR/BLS Course.

4.9.3 Health Insurance Portability And Accountability Act (HIPAA) OF 1996:

All individuals performing services at an Air Force MTF are required to complete an initial and annual refresher HIPAA Privacy and Security Rule training as provided by the MTF for its personnel and will be held accountable for complying with health information privacy and security policies and procedures. Reference Section H for detailed HIPAA language.

4.9.4 Continuing Medical Education (CME) Requirements. N/A

4.9.5. The contractor shall train, qualify and certify personnel for specific job tasks identified in this PWS. Records of training, qualifications and certification shall be maintained by the contractor on file and made available for Government review upon request.

4.9.6 Training. The Contractor shall fund any additional training required to meet the scope of this contract and to maintain the proficiency of contract personnel during the performance period. If trained personnel resign prior to end of this contract, the contractor, not the Government, shall be responsible for all training costs for replacement personnel.

5. APPENDICES

A. Definitions

B. Privacy Act Notifications

C. Section H, Special Contract Clauses

APPENDIX A

DEFINITIONS

General Definitions

Contract Management. Implementation of the Performance Plan after contract award by the multi-functional team (MFT). It integrates the goals and objectives identified by the multi-functional team/BRAG, oversight and performance management, and performance measurement in accordance with the Performance Plan.

Defective Service. Any service output that does not conform to contract requirements as stipulated in the Services Summary.

Functional Commander/Director (FC/FD). The person responsible for a functional area at the Squadron level. For example, the Civil Engineer Squadron Commander is the Functional Commander for the Civil

Engineering performance-based work statements.

Market Research. A continuous process for gathering data on service characteristics, suppliers’ capabilities, and current business practices plus the analysis of that data to make acquisition decisions.

Multi-Functional Team (MFT)(formerly called the BRAG). A teams of stakeholders responsible for a service acquisition, which includes not only representatives of the technical and procurement communities, but also stakeholders of the service acquisition and the contractors who provide the services. This team could be a Business Requirements Advisory Group (BRAG), a Mission Area Acquisition Team (MAAT), an Integrated Product Team (IPT), working group, and A-76 IPT or Steering Group, etc. At Moody AFB this team is called the Multi-Functional Team (MFT).

Performance Assessment (formerly quality assurance). A process that measures success towards achieving defined performance goals or objectives defined within the performance thresholds in the service summary or the process of assessing progress towards achieving the objectives/goals developed in a Performance Plan.

Performance Management. The use of performance measurement information to effect positive change in organizational culture, systems, and processes, by helping to set agreed upon performance goals, allocating and prioritizing resources, informing managers to either confirm or change current policy or program direction(s) to meet those goals, and sharing results of performance in pursuing those goals.

Performance Management Assessment Program. A quality assurance program that is developed, planned, and managed to carry out cost-effectively all efforts to affect the quality of services. The Performance Management Assessment Program includes performance measurement and performance management by the multi-functional team (MFT).

Performance Objective. The outcome associated with successful contract performance in a specific area. This is a critical success factor in achieving the organization’s mission, vision and strategy which, if not achieved, would likely result in a significant decrease in customer satisfaction or risk mission failure.

Obtaining multi-services/sub-services performed at a certain measurable standard and consistently ensures success in achieving the objectives critical to the mission.

Performance Plan. Prescribes the objective in having the services, the goals of the MFT team members and their roles and responsibilities (to include the contractor performing the service), and how the MFT will assess contractor performance and manage the contract to obtain efficiencies, improved performance, and cost savings throughout its life cycle.

Performance Threshold. The minimum performance level of a performance objective required by the government.

Quality Assurance Personnel (QAP). Individuals designated to perform quality assessment functions, and oversee performance in accordance with the Performance Plan. They serve as on-site technical managers assessing contractor performance against contract performance standards. Personnel in this area have many titles, such as Quality Assurance Evaluator (QAE), Quality Assurance Specialist (QAS), Functional Area Evaluators (FAEs), and Contracting Officer Technical Representative (COTR).

At Moody AFB GA they are called QAP.

Quality Assurance Program Coordinator. Mission support group or AFMC/AFSPC Center level individual, normally from the contracting activity, selected to coordinate and manage the Performance

Management Assessment Program (Quality Assurance Program).

Quality Control. Those actions taken by a contractor to control the performance of services, so that they meet the requirements of the PWS/SOW.

Services Summary (SS). A summary of the performance objective(s) and performance threshold(s) required by the Government in contractor performance.

APPENDIX B: PRIVACY ACT NOTIFICATIONS

PRIVACY ACT NOTIFICATIONS

System Identifier

PREAMBLE

Appendix C – Section H Special Contract Clauses

H.1 RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL

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 Defense, either military or civilian, unless such person seeks and receives approval in accordance with Title 5, USC, Section 5536, DoD 5500.7-R (1993), as amended, and service directives.

H.2 SUBSTITUTION OF PERSONNEL

a. The contractor agrees to initiate performance of this Contract or Task Order using only contractors whose professional qualifications have been determined technically acceptable by the Government as part of the selection process.

b. During performance, no personnel substitutions shall be made by the contractor without the express consent of the Contracting Officer. All substitution requests will be processed in accordance with this provision.

c. No personnel substitutions shall be permitted during the first 120 days of performance, unless they are necessitated by contractor personnel’s unexpected illness, injury, death or termination of employment. Should one of these events occur, the contractor shall promptly notify the Contracting Officer and provide the information required in paragraph (d) below. After the initial 120 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 paragraph (d) below. The Government will not require substitution of personnel who are absent 80 work hours or less due to unexpected illness or injury.

d. 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 personnel meet all requirements stated herein and possess professional qualifications stated herein that are equal to or higher than the qualifications. In addition, all substitution requests shall include a complete and accurate credentials package (where required) and Certificate of Availability signed and dated by each proposed contractor personnel, and any other information identified by the Contracting Officer. The Contracting Officer will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof.

H.3 MAXIMUM COMPENSATION – NOT APPLICABLE

H.4 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) OF 1996

PRIVACY AND SECURITY OF PROTECTED HEALTH INFORMATION

Introduction

IAW DOD 6025.18R “Department of Defense Health Information Privacy Regulation” 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 DOD 6025.18R, 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 6025.18R.

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 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 164.501, limited to the information created or received by The Contractor from or on behalf of The Government.

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 164.501 and 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 Agreement shall have the same meaning as those terms in 45 CFR 160.103, 164.501 and 164.304.

(b) 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.

(c) The Contractor agrees to 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 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.

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

(g) 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 of.

(h) The Contractor agrees to ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or…