H92222-18-R-0010_FINAL_26_Mar_18.pdf

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RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 73

(If other than Item 7) H92222

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

H92222 8. ADDRESS OFFER TO

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and see Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

JACE ANDERS (813) 826-3005

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

5 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 8 - 10 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 11 - 24 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

25 - 39

PART II - CO NTRACT CLAUSES

HQ USSOCOM SOF-AT&L-K

ATTN: ASHLEY COMMISO

7701 TAMPA POINT BLVD

MACDILL AFB FL 33621

HQ USSOCOM SOF-AT&L-K

ATTN: JACE ANDERS

7701 TAMPA POINT BLVD

MAC DILL AFB FL 33621(813) 826-4033

(813) 826-7504FAX:

TEL:

(813) 826-4838FAX:

TEL: (813) 826-3005

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

26 Mar 2018

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

H92222-18-R-0010

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED

Time and Materials

T&M

Time and Materials (T&M) task orders (TO)s will be issued against this CLIN during the base period utilizing the Fixed hourly rates set forth in Attachment 3, Price Matrix. Requirements will be specified per TO and in accordance with the

Contract Performance Work Statement (PWS) and its associated Appendices. All

Materials require coordination and pre-approval by the Contracting Officer

Representative (COR) or other designated Government representative IAW

Contract Clause H.6.

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

FOB: Destination

TOT MAX PRICE

CEILING PRICE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Data - CDRLs - Not Separately Priced

This CLIN is established for the purpose of delivering data as required by the DD

Form 1423, Contract Data Requirements List (CDRL) and shall not be priced separately.

NET AMT

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED

OPTION Time and Materials

T&M

Time and Materials (T&M) task orders (TO)s will be issued against this CLIN during the base period utilizing the Fixed hourly rates set forth in Attachment 3, Price Matrix. Requirements will be specified per TO and in accordance with the

Contract Performance Work Statement (PWS) and its associated Appendices. All

Materials require coordination and pre-approval by the Contracting Officer

Representative (COR) or other designated Government representative IAW

Contract Clause H.6.

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

TOT MAX PRICE

CEILING PRICE

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

OPTION Data - CDRLs - Not Separately Priced

This CLIN is established for the purpose of delivering data as required by the DD

Form 1423, Contract Data Requirements List (CDRL) and shall not be priced separately.

NET AMT

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

VALUE

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

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

CONTRACT MINIMUM/MAXIMUM

General Information. This is an Indefinite Delivery/Indefinite Quantity (IDIQ) contract for services and materials with an ordering period spanning 8 years if all options are exercised. The Government may issue TOs on a T&M basis.

Contract Minimum: $2,500.00.

Contract Maximum: $500,000,000.00.

Reference 52.216-19 for TO ordering limitations

Dollar Values have been included for each contract CLIN for purposes of reporting requirements in the

Government procurement systems ONLY. There are no minimum or maximum dollar values established at the CLIN level for this contract.

Section C - Descriptions and Specifications

PWS

The Contract Performance Work Statement (PWS) is located at Attachment 2 in Section J.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-6 Inspection--Time-And-Material And Labor-Hour MAY 2001

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 POP 09-OCT-2018 TO

08-OCT-2023

N/A HQ USSOCOM FMD DIRECTORATE

ALICIA SPURLING

AF BPN NO MILSBILLS PROCESSES

7701 TAMPA POINT BLVD

MACDILL AFB FL 33621-5323

813-826-1851

F2VUF1

0002 POP 09-OCT-2018 TO

08-OCT-2023

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 09-OCT-2023 TO

08-OCT-2026

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 09-OCT-2023 TO

08-OCT-2026

N/A (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989

Section G - Contract Administration Data

252.204-7006 Billing Instructions OCT 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area

WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training

Course and use the Practice Training Site before submitting payment requests through

WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data

Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

COMBO

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in

WAWF, as specified by the contracting officer.

Identified per Task Order

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC HQ0338

Issue By DoDAAC H92222

Admin DoDAAC H92222

Inspect By DoDAAC Per Task Order

Ship To Code Per Task Order

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) Per Task Order

Service Acceptor (DoDAAC) Per Task Order

Accept at Other DoDAAC Per Task Order

LPO DoDAAC ____

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) ____

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send

Additional Email Notifications” field of WAWF once a document is submitted in the system.

Task Order COR

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

N/A

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause)

5652.228-9000 Required Insurance (2003)

The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a

Government Installation" are as follows:

TYPE AMOUNT

Automobile Bodily Injury Liability IAW FAR 28.307-2

Property Damage Liability IAW FAR 28.307-2

Workers Compensation & Occupational Disease IAW FAR 28.307-2

Employer's Liability IAW FAR 28.307-2

(end of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACT REQUIREMENTS

H.1 Personal Services

H.2 Limitation on Amount of Compensation for Personal Services

H.3 Non-Compete Provisions

H.4 Work Period and Authorized Holidays

H.5 Billable Hours

H.6 Billable Materials (Travel and ODCs)

H.7 Limitations on Indirect Cost Rates for the Billable Materials (H.6)

H.8 OCONUS Support

H.8.1 Synchronized Pre-deployment and Operational Tracker (SPOT)

H.8.2 Theater Business Clearance

H.9 Contractor Identification and Security Requirements

H.10 Conduct of Personnel

H.11 License Verification, Credential Review or Privileging (If Applicable) and Selection Process

H.12 Memorandums of Agreement (MOA) and Specific Medical Quality Assurance Regulations

H.13 Substitution of Personnel

H.14 HCP Background Investigation Requirements (Applicable to Support to Families only)

H.14.1 Crime Control Act of 1990 Requirement

H.14.2 Contractor Requirements

H.14.3 Government Responsibilities

H.15 Health Insurance Portability and Accountability Act (June 12)

H.15.1 General Use and Disclosure Provisions

H.15.2 Specific Use and Disclosure Provisions

H.15.3 Obligations of the Government

H.15.4 Permissible Requests by the Government

H.15.5 Terminations

H.15.6 Miscellaneous

H.16 Small Business Participation

H.17 Reserved

H.18 5652.216-9004 Procedures for Issuing Delivery Orders under Single Award, Indefinite Delivery-

Indefinite Quantity Contracts (2003)

H.18.1 General

H.18.2 Option exercises at TO level

H.18.3 Task Order Completion

H.19 5652.237-9001 – Key Personnel Requirements

H.20 TO Ombudsman

H.21 Use of Contractor Support/Advisory Personnel (2015)

H.22 Official Use of Government Motor Vehicles

H.1 Personal Services. The services required under this contract are considered personal in nature. The services shall be acquired under the authority of 10 United States Code 1089 and 10 United States Code 1091. All clauses contained within Section H of this RFP are required to get incorporated into any resultant subcontract.

H.2 Limitation on Amount of Compensation for Personal Services. Under the provisions of 10 U.S.C. 1091 and

DoDI 6025.5, “Personal Services Contracting”, implemented 6 January 1995, the total amount of compensation paid to an individual direct healthcare provider in any year cannot exceed the annual rate of $400,000 as specified in 3

U.S.C. 102.

H.3 Non-Compete Provisions.

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

H.4 Work Period and Authorized Holidays. An on-site work period of 40 hours Monday through Friday has been established for this contract for the majority of all required support and IAW PWS 2.4.2. The contractor shall notify the COR when a scheduled employee cannot fill a shift due to illness or emergency. Notification shall be as early as possible, but no later than 2 hours after start of scheduled shift.

Due to security restrictions, Contractors will not be permitted to work after normal duty hours, Saturday, Sunday or legal holidays for on-site support unless authorized by the Contracting Officer or the Cognizant COR and

Government personnel will be present.

January 1st

3rd Monday of January

3rd Monday of February

Last Monday of May

July 4th

1st Monday of September

2nd Monday of October

November 11th

4th Thursday in November

December 25th

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

Government Agencies.

H.5 Billable Hours. IAW FAR 52.232-7 Payments Under Time-and-Materials and Labor-Hour Contracts, time shall be calculated by multiplying the appropriate fully burdened hourly rates prescribed in the Schedule by the number of direct labor hours worked after the employee has been selected for employment (including 21 days of orientation). The Government does not consider the time spent on in-person interviews (unless for a current employee under the contract), training required to meet minimum qualification/licensure requirements outlined in

PWS Appendix 1, mandatory annual training requirements required as part of licensure or credentialing renewal, or continuing education (CE) requirements as required by assigned Military Treatment Facility (MTF) or other source of clinical oversight as direct hours billable under this contract (Reference PWS Section 2.2).

H.6 Billable Materials (Travel and ODCs). IAW FAR 16.601(a), Other Direct Costs shall be billable at cost as

“Materials”.

The Material CLIN, will only be utilized for payment of the following billable expenses; travel and related expenses to cover Government directed unique training, Government directed certifications above and beyond those required to meet the minimum qualification requirements outlined in PWS Appendix 1, travel to and from in-person interviews (for those positions identified in PWS Appendix 2 as requiring mandatory in-person interviews only), travel to support multiple locations in the same geographical area, and relocation expenses (for OCONUS positions only). Relocation expenses will be limited to those expenses allowable for all Government civilian employees IAW the Joint Travel Regulation (JTR) and Department of State Standardized Regulations (DSSR).These include the initial relocation to the OCONUS location and the return to CONUS upon completion of performance at that location for a period of 3 years or longer and for whom have not had their employment terminated on the basis of security clearance revoked, credentials/licensures revoked, violations of Conduct of Personnel (H.10), violations of

HIPPA (H.15) or any other termination outlined in H15.5. All anticipated expenses under this CLIN shall be submitted to the COR or other designated Government representative for approval prior to any expenditures taking place.

The Government does not consider the travel or expenses associated with non-mandated personnel interviews, training required to meet minimum qualification/licensure requirements outlined in PWS Appendix 1, required visas, immunizations, mandatory annual training requirements required as part of licensure or credentialing renewal, or continuing education (CE) requirements as required by assigned MTF or other source of clinical oversight as direct costs billable under this CLIN (Reference PWS Section 2.2).

H.7 LIMITATIONS ON INDIRECT COST RATES FOR THE BILLABLE MATERIALS (H.6)

a) Pursuant to FAR 42.707, an indirect cost rate ceiling is incorporated into the contract. "Indirect cost" is defined as set forth at FAR 31.001 and 31.203. "Indirect cost rate" is defined as set forth at FAR 42.701.

b) Notwithstanding the clauses of this contract entitled "ALLOWABLE COST AND PAYMENT" (FAR 52.216-7) and

“PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS” (52.232-7), the allowable indirect cost under this contract shall be obtained by applying limitations on indirect cost rates to bases agreed upon by the parties, as specified below.

c) Allowability of costs and acceptability of cost allocation methods shall be determined in accordance with FAR

Subpart 31.2 in effect on the date of this contract, as limited by the indirect cost rate ceiling established by this clause.

d) For the contract performance period (defined as 9 Oct 2018 - 8 Oct 2026), the indirect cost rates for the Material

CLIN (as defined in H.6) contained in the Contractor's accepted contract proposal shall be incorporated into this clause as limitations on indirect cost rates for each corresponding ordering year.

Indirect Rate Indirect Cost Rate Ceiling

Total Indirect Burden Material CLIN OY 1 X%

Total Indirect Burden Material CLIN OY 2 X%

Total Indirect Burden Material CLIN OY 3 X%

Total Indirect Burden Material CLIN OY 4 X%

Total Indirect Burden Material CLIN OY 5 X%

Total Indirect Burden Material CLIN OY 6 X%

Total Indirect Burden Material CLIN OY 7 X%

Total Indirect Burden Material CLIN OY 8 X%

e) The Government will not be obligated to pay any additional amount should any final indirect cost rates exceed the indirect rates incorporated into this clause as a result of increased indirect pool costs incurred. In the event any of the

Contractor's final indirect cost rates are less than the indirect cost rates incorporated into this clause as a result of decreased indirect pool costs incurred, the incorporated rates shall be reduced to conform with the lower rates.

Adjustments due to actual indirect base costs incurred may be upward or downward.

f) The limitations on indirect cost rate shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract.

g) The limitations on the indirect cost rate shall apply to all work performed under the contract, and to all change orders and supplemental agreements, including changes due to growth, supplemental, emergent and new work in the first year of contract performance.

h) Notwithstanding any of the terms of this requirement, should the Contractor initiate a change to its accounting systems which would alter the composition of any overhead base or pool affected by this requirement, the Contracting

Officer and Contractor shall negotiate to determine the indirect cost rate ceilings to be applied to the new overhead pools, provided that no agreement shall be made which would increase the costs paid by the Government under this contract.

i) Unreimbursed costs resulting from application of the provisions of this clause shall not be charged to any other direct or indirect cost account in such a manner as to result in recoupment of the unreimbursed costs on this or any other Government contract or assistance agreement.

H.8. OCONUS Support. Over the life of this contract, the contractor shall be required to provide full-time support

OCONUS. In addition to the required full-time support, the contractor may be required to support OCONUS TDY’s and deployments, as approved. The contractor shall comply with any theater business clearance and contract administration requirements set forth by the geographic combatant commander and host nation.

Bilateral agreements that govern the status of contractor employees, criminal jurisdiction, and taxation, as well as country clearance requirements vary by country and are subject to change. Procedures and requirements, by Area of

Responsibility (AOR) and country can be found at https://www.acq.osd.mil/dpap/pacc/cc/areas_of_responsibility.html and the DoD Foreign Clearance Guide:

https://www.fcg.pentagon.mil/fcg.cfm.

(a) For work performed in Germany, eligibility for logistics support or base privileges of contractor employees is governed by U.S.-German bilateral agreements. Follow the procedures at Army in Europe Regulation 715-9, available at http://www.eur.army.mil/g1/content/CPD/docper/docper_germanyLinks.html under “AE Regs &

Resources.” The contractor shall ensure the Technical Expert Status Accreditation (TESA) requirements and application process are completed.

(b) For work performed in the United Kingdom, visas are required before PCSing to the UK. Failure to obtain a UK visa before arriving in the UK can result in denied entry or deportation. The UK visa, sometimes referred to as

“entry stamp”, “entry visa”, “entry clearance”, “entry clearance stamp”, or “entry clearance visa” (which is separate from Country, Theater, or Special Area Clearance) must be obtained from the UK and is required for DoD-sponsored contractors and eligible family members.

(c) For work performed in Japan and Korea reference the Foreign Clearance Guide. For Japan, currently worked performed under this contract are covered by SOFA. For Korea, the U.S. Forces Korea (USFK) Policy

Guidance/Instructions must be followed (Reference Section I - Contract Clauses SOFA Korea Clause).

H.8.1 Synchronized Pre-deployment and Operational Tracker (SPOT). All contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States must be accounted for in the Synchronized Pre-deployment and Operational Tracker (SPOT) Program located at https://spot.altess.army.mil/. Per DFARS 252.225-

7040. All prime contracts will be pre-loaded in SPOT by the KO. All contractors will be required to input the LOA requests per task order (TO), per employee in SPOT and send to the applicable COR for that TO. After COR approval the KO will finalize and sign the LOA in SPOT.

The prime contractors will each have a Point of Contact that will process the LOAs within the SPOT system. The

COR will be assigned as the Government Authority and the Contracting Officer (KO) approves the LOA within the system. A complete SPOT guide will be provided via email to all prime contractors for assistance.

The basic process for LOA's is three steps:

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

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

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

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

https://www.acq.osd.mil/dpap/pacc/cc/areas_of_responsibility.html https://www.fcg.pentagon.mil/fcg.cfm https://spot.altess.army.mil/

Step 5: The Contracting Officer then reviews the LOA, inserts the accounting data from the TO, and approves.

Once the KO approves the LOA it is digitally signed and available to be reviewed and printed.

H.8.2 Theater Business Clearance. In accordance with DoD Policy and the CENTCOM Contracting Command

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

H.9 Contractor Identification and Security Requirements

a. The Contracting Officer intends to issue TOs whose scope of effort will be in support of classified programs. In order to be eligible to provide support to classified programs, prime contractors must possess a Top Secret facility clearance as outlined in PWS Section 5.0. Individuals performing work under resultant TOs must comply with applicable program security requirements which will require personnel security clearances up to and including Top

Secret at time of proposal submission. Specific TOs may also require individual personnel to have access to

Sensitive Compartmented Information (SCI) or DCID 6/4 eligibility, Nuclear Command and Control (NC2), and possibly Special Access Information, such as Special Access Programs (SAP), Special Access Requirements (SAR), and Special Technical Operations (STO) clearances.

b. Where classified information/data is involved, the contractor shall comply with the “National Industrial Security

Program Operating Manual (NISPOM)” and the DD Form 254 (Contract Security Classification Specification) that is included as an attachment in Section J. (Ref FAR 52.204-2)

c. The contractor will be required to comply with all security requirements enforced by the applicable sponsoring

Government agency. In accordance with DoD 5200.2-R, Personal Security Program, contractor personnel shall have as a minimum a favorable National Agency Check with Inquiries (NACI) completed before being permitted access to any Government automated information technology system.

d. When directed by the Contracting Officer, the contractor shall remove any employee who endangers national security.

e. Contractor employees shall obtain and display identification/security badges to obtain access to any Government installation and any buildings used by the contractor. Contractor employees shall wear a Government-issued badge while in Government facilities. For both picture and non-picture badges, the contractor shall submit all required information (date of visit, name, PCO, SSAN, Category (Ktr=Industry), and Clearance Information) to the Security

Management Office (SMO) and notify the PCO that a badge request has been submitted via JPAS. For annual badge renewals or multiple person requests it is recommended that the names submitted to the SMO and PCO be grouped by type of badge (i.e. picture badge or non-picture badge). Note: Please only submit requests for picture badges for those contractors that will be in a Government facility regularly (i.e. two to three times or more per week). Contractor employees are required to clearly identify themselves as a contractor at all times whether in person or on the telephone. Further, sub-contractors must identify their respective prime contractors. If a contractor employee leaves the company or moves to a different agency for support under this contract they will be required to

"check-out" with their Government COR and turn their badge into the SMO and clear all computer systems to which they have access.

f. Security clearances will be processed IAW established procedures, and will be the responsibility of the contractor.

However, the Government Defense Investigative Security Clearance Office (DISCO) shall have and exercise full and complete control over granting, denying, withholding, or terminating security clearances for contractor employees. Contract personnel granted an interim or temporary security clearance may be permitted to begin work upon request of the SOCOM Component and with written permission from the KO. However, this shall incur no obligation on behalf of the Government to grant any of these personnel permanent clearances if the subsequent background investigation does not recommend the clearance. The typical processing times for security clearances vary depending on level of clearance and individual circumstances. Typically, if the individual possesses no clearance and requires a Secret clearance, the process takes approximately 12 months and if the clearance level is currently Secret requires Top Secret, it will take approximately 18 months.

An Interim Security clearance is based on the completion of minimum investigative requirements and granted on a temporary basis, pending the completion of the full investigative requirements for the final secret clearance. Interim

Security clearances can be issued quickly, but are not sufficient for access to special categories of classified information, such as COMSEC, NATO, and restricted data.

g. The contractor’s employees are prohibited from possessing weapons, firearms or ammunition, on themselves or within their contractor-owned vehicle or privately owned vehicle while on any Government installation except IAW

252.225-7040 - CONTRACTOR PERSONNEL AUTHORIZED TO ACCOMPANY U.S. ARMED FORCES

DEPLOYED OUTSIDE THE UNITED STATES (JAN 2009).

h. The contractor shall control access to all Government provided lock combinations to preclude unauthorized entry.

The contractor is not authorized to record lock combinations without written approval by the Government. Records with written combination(s) to authorized secure storage containers, secure storage rooms or certified vaults, shall be marked and safeguarded at the highest classification level as the classified material(s) maintained inside the approved containers.

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

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

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

The following labor categories are considered Health Care Providers (HCP) and will be required to obtain practice privileges from the servicing medical treatment facility or identified privileging authority at their assigned installation: Clinical Psychologists, Operational Psychologists, Licensed Clinical Social Workers, Physical

Therapists, Psychiatric-Mental Health Nurse Practitioners, Nurse Case Managers, Neuropsychologists, Psychometrist, and Performance Dieticians. The credentialing package submission will not be provided to the local privileging authority until after the individual has been approved by the COR for selection. The contractor shall provide complete credentials packages within one week after being notified of Government selection. Upon written request, contract personnel may be permitted to begin work and start unit in-processing in a limited capacity with written permission from a COR while awaiting final credentialing.

All requirements for those personnel requiring credentialing shall adhere to the guidance outlined with DoDI

6025.13, “MEDICAL QUALITY ASSURANCE (MQA) AND CLINICAL QUALITY MANAGEMENT IN THE

MILITARY HEALTH SYSTEM (MHS). The detailed credentialing processes will vary by location and

Component since they must comply with the privileging authority at their assigned installation. For Army

Installations, Army Regulation 40-68 is applicable, for Navy Installations, BUMEDINST 6320.66E is applicable, and for Air Force Installations, AFI 44-119 is applicable. The contractor is responsible for adhering to the regulation that is applicable to the location.

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

Privileges are facility specific and the department chair or service chief develops the criteria to award privileges.

The contractor shall ensure that all HCPs follow the privileges requirements of the applicable area MTF that they will receive privileges from (currently 24 different locations). The contractor shall request from the appropriate TO

COR, documentation requirements for privileges or for license verification, as required by the position, for each

HCP. The contractor shall ensure that HCPs who require privileging do not provide health care services until they have been granted privileges by the cognizant privileging authority.

The Credentials Committee may have questions which they will wish to present to the contractor’s HCPs. The

Credentials Committee should submit all questions in writing to the COR. The COR will submit them to the contractor to obtain answers. The contractor shall answer questions presented by the Credentials Committee in writing.

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

The Contractor shall not submit resumes for Government approval for any HCP who, within 5 years prior to employment has had his/her clinical privileges limited, suspended, or revoked by any health care facility, public or private, anywhere in the world.

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

(b) Limitation of clinical privileges, as used in this paragraph, refers to a partial withdrawal/reduction of clinical privileges as a result of a determination that or pending investigation to determine whether an individual has engaged in unprofessional conduct or substandard medical practice or is incompetent to perform certain medical practices.

(c) This prohibition includes an individual that is the subject of a current or pending hearing or appeal brought by any health care facility, public or private, anywhere in the world, which may result in the limitation, suspension or revocation of the individual’s clinical privileges.

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

MOA and copies of these agreements will be provided to the contractor.

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

H.13 Substitution of Personnel. The contractor agrees to initiate performance of this contract using only the employees whose professional qualifications have been determined technically acceptable by the Government.

During TO performance, no personnel substitutions shall be made by the contractor without the express consent of the COR or in accordance with a procedure specified by the Contracting Officer. All substitution requests will be processed in accordance with this clause.

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

The contractor shall demonstrate that the substitute worker(s) possess professional qualifications that are equal to or higher than the qualifications in PWS Appendix 1 and provide to the Government all requirements IAW PWS

Section 2.4.

H.14 HCP Background Investigation Requirements (Applicable for Support to Families only)

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

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

The application shall further state that it is being signed under penalty of perjury, with the applicable Federal punishment for perjury stated on the application.

Within the PWS 6.1.1 Phase-In Period or within 14 days of an identified vacancy, the contractor and all contractor employees shall provide all reasonable and necessary assistance to the Government to facilitate and complete the background investigation. To initiate the process for a background investigation, the Contractor shall ensure each

HCP reports to the COR for specific MTF processing instructions, completes the appropriate portion of the NACI

SF 85P, and obtains fingerprints for submittal to the Office of Personnel Management (OPM).

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

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

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

Positions).

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

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

H.15 Health Insurance Portability and Accountability Act (June 12). In accordance with DoD 6025.18-R

“Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the

Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.

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

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

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part

160 and part 164, subparts A and E.

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

160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the Contract.

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

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

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

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

Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR

160.103, 160.502, 164.103, 164.304, and 164.501.

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

(c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health

Information other than as provided for by this Contract.

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

(e) The Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the

TMA Breach Notification Standard Operating Procedure (SOP), which is available at:

http://www.tricare.mil/tma/privacy/breach.aspx.

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

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

http://www.tricare.mil/tma/privacy/breach.aspx

(h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health

Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.

(i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic

Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the

Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR

164.524.

(k) The Contractor shall make any amendment(s) to Protected Health

Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.

(l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of

Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

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

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

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

Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government.

H.15.2 Specific Use and Disclosure Provisions.

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