Healthcare Env Cleaning CLEAN PWS DATED 05042022 RFI.pdf

HEC PERFORMANCE WORK STATEMENT Page 1 of 61

PERFORMANCE WORK STATEMENT 1

Department of Defense 2 Defense Health Agency 3

Healthcare Environmental Cleaning Services 4 Solicitation Number: HT9408-22-R-00XX 6 Version: DRAFT 7 Date: 04 May 2022 8

Part 1 10

1. INTRODUCTION. The Defense Health Agency (DHA) supports the delivery of integrated, cost 12 effective, and high quality health services to military beneficiaries of the Military Health System 13 (MHS). Patient care services are provided in military clinics, hospitals, and medical centers. The 14 DHA, Air Force, Army and Navy Medical Services, hereafter called “Government,” has a 15 requirement to acquire high quality Healthcare Environmental Cleaning (HEC) services. The prime 16 Contractor’s staff, including all their teaming partners, sub-contractors, and corporate level staff, 17 will hereafter be referred to as “Contractor.” Workers performing or providing on-site management 18 of cleaning and disinfecting duties under this contract are termed “HEC personnel.” 19

1.1. Non-Personal: The services under this contract are non-personal services and are neither 21 inherently Governmental nor closely associated inherently Governmental. The Contractor shall 22 supervise Contractor personnel and exercise any employer rights over the Contractor/HEC 23 personnel performing under this contract including creating time and attendance records for 24 corporate use, HEC personnel appraisals, counseling/reprimand, retraining or performance 25 improvement plans. The Contractor is solely accountable and liable for their employees and is 26 obligated to meet all contract terms and conditions. Additionally, the prime Contractor retains 27 responsibility for any teaming partner or subcontractor and corporate employees and shall be 28 accountable for their actions and performance. 29

1.2. Objective: The Contractor shall provide all tools, labor, materials, vehicles, training, 31 equipment and supplies required to recruit, qualify, place and retain an adequate workforce to 32 perform cleaning and disinfecting activities within timeliness, completion and efficacy performance 33 standards; collect trash, recyclable materials and regulated medical waste; remove soiled linens and 34 distribute/restock linen supplies as well as other related HEC services in accordance with (IAW) 35 Part 5 of the contract unless listed by exception in Part 3, Government Furnished Equipment (GFE), 36 Items and Services. 37

1.3. Scope: This Indefinite Delivery, Indefinite Quantity, Multiple Award Contract (IDIQ MAC) 39 shall serve as a vehicle to procure HEC services for any Department of Defense (DoD) Military 40 Medical Treatment Facility (MTF) located in the 50 United States and its territories. The contract 41 minimum award and subsequent task order (TO) procedures are detailed in Paragraph 5.19. The 42 services to be acquired are Q901 – Healthcare Environmental Cleaning. The Government defines 43 HEC services as, “cleanliness, disinfection and aesthetic maintenance of public and patient care 44 spaces within DoD MTFs”. The Contractor is responsible for the performance of the entire scope of 45 HEC operations including management activities such as planning, scheduling, cost accounting, 46

HEC PERFORMANCE WORK STATEMENT Page 2 of 61 report preparation and submission, establishing and maintaining records, quality control and 47 performance management. The regulations, commercial standards and advisory recommendations 48 cited in Part 7 of this performance work statement (PWS) are requirements for this effort. 49

1.3.1. Authorized Ordering DoD Agencies - Air Force, Army, Navy or DHA contracting offices 51 may execute and manage subsequent TOs. These ordering agencies are authorized to create 52 centralized orders for multiple performance locations, market-based or enterprise-wide buying to 53 support mission demand IAW acquisition policies and procedures. 54

1.3.2. If the Contractor fails to provide the procured HEC services as required in the contract, the 56 Government reserves the right to procure such services from another source until the Contractor 57 restores the capability to perform. When the Government exercises its right to procure these 58 services from another source, the Government will reduce subsequent payment(s) by the amount of 59 the total cost to procure the temporary services. The Government will furnish the Contractor 60 management staff with a copy of this billing invoice upon Contractor request. The Government will 61 document adverse past performance if this occurs and may use all available contracting remedies 62 for unacceptable performance including contract termination. 63

1.4. General Information: 65

1.4.1. Ordering Period - TOs issued under the contract will be in accordance with Defense Federal 67 Acquisition Regulation Supplement (DFARS) Clause 252.216-7006 Ordering and Federal 68 Acquisition Regulation (FAR) 52.216-22 Indefinite Quantity of this solicitation/contract. The base 69 period of performance for TOs shall start prior to the end of the five-year ordering period. This 70 contract has a 5-year ordering period with a two year incentive option period. TO period may 71 include a base period of performance (PoP), available option periods as well as appropriate 72 extensions not to exceed five (5) years. TO performance may extend up to five (5) years beyond the 73 Basic contract ordering period. 74

1.4.1.1. The required start date of subsequent TO will be clearly stated in the Task Order Proposal 76 Request (TOPR) package, will not be less than 45 calendar days from the TO award date and shall 77 include a transition period (Paragraph 1.5.1 and 5.2). 78

1.4.2. Performance Locations – Any DHA, Air Force, Army or Navy medical facility located 80 within the 50 United States and its territories can be a performance location under this contract. The 81 Government will provide the service level, other services requirements, operational hours and other 82 pertinent facility details in the TOPR package during the ordering process. 83

1.4.3. Performance Location Operational Hours - DHA healthcare operations, capabilities and 85 capacity vary in each MTF. Therefore, the HEC program must accommodate different patient care 86 operational hours with adequate HEC personnel. Operational hours will be provided in the TOPR 87 package. The Contractor is responsible for ensuring completion of HEC services during the 88 required coverage cited in the TOPR package. 89

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1.4.4. Mission Essential Status - Services under this contract are mission essential. In the event of 91 a planned or unplanned facility closure, the services or limited services are still required; details 92 will be provided in the TOPR package IAW policy cited in DFARS 237-7602. 93

1.4.5. Holidays – HEC personnel may be required to work on federally recognized holidays. A 95 complete list of the recognized Federal Holidays IAW the Department of Labor Wage 96 Determination by county/state are available at https://sam.gov/content/wage-determinations. 97

1.4.5.1. The Contractor shall provide services on Federal Holidays as a regular working day in MTFs 99 with Labor and Delivery, Mother Baby Unit, Neonatal Intensive Care Unit (NICU), Emergency 100 Room (ER), Dining Facility, Pathology, Radiology, Medical Surgical Ward, Psychiatric Ward, 101 Surgical Suite and Sterile Processing Department, Cardiac Catheter Lab, Interventional Radiology, 102 Intensive Care Unit (ICU) and Inpatient Wards or operating room (for weekend or emergency cases 103 only). Any Federal Holidays falling on a Saturday, will be observed on the preceding Friday; holidays 104 falling on a Sunday will be observed on the following Monday. The task order proposal request will 105 detail coverage requirements. 106

1.4.5.2. Military training and family days are not considered Federal Holidays or planned closures. 108 The Contractor shall provide HEC services on military training holidays as a regular working day. 109

1.4.5.3. The Government may declare an unplanned closure of a performance location which may 111 reduce performance location manning levels and/or operational hours impacting patient care 112 activities and the need for HEC services. Full or limited HEC services may still require performance 113 IAW performance location policy and procedure. 114

1.4.6. Travel may be ordered during the TOPR or executed TO modification for unique situations 116 or in the case of multi-site TOs. The Contractors may be authorized travel expenses consistent 117 with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds 118 specified in the TO. The Government retains the right to direct the mode of travel including the 119 availability and size of rental cars. The Government will identify travel requirements in each 120 TOPR package and whether such expenses shall be reimbursed under a funded travel Contract 121 Line Item Number (CLIN). HEC personnel shall not be placed on Government orders. No travel 122 shall occur or be invoiced unless ordered by the Government. 123

1.5. Description of Services: The Contractor shall perform HEC services and other tasks IAW Part 125 5 – Specific Tasks. 126

1.5.1. The Contractor shall develop, maintain and execute a Quality Control Plan (QCP) applicable 128 to all performance locations on subsequent TOs. The contract level compliance document accepted 129 during source selection and incorporated in resultant contract award will be applicable to all 130 subsequent TOs. 131

1.5.2. The Contractor shall create and submit a written monthly report of inspection activities, 133 results, and corrective actions for the performance location to the Contracting Officer 134 https://sam.gov/content/wage-determinations

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Representative (COR) not later than (NLT) 5th calendar day of each month. The Contractor shall 135 ensure the report includes the following details (Part 8, Exhibit C): 136

• Service Level 138

• Building/room 139

• The day and shift the cleaning was completed 140

• Inspection date and time 141

• Inspector’s Name 142

• Results/findings 143

• Action taken 144

1.5.3. The Contractor shall prepare and submit accurate and timely deliverables as outlined in Part 146 8, Exhibit B to the ACOR at each performance location. 147

1.5.4. The Contractor shall develop and maintain a safety program in compliance with Public Law 149 91-596, Occupational Safety and Health Act (OSHA), and applicable safety regulations in Part 8 of 150 this PWS that complies with OSHA standards. At a minimum, the Contractor’s safety program 151 shall address exposure control, fire protection, accident, injury and incident prevention, and 152 environmental cleaning in areas containing asbestos materials. The Contractor shall provide plans 153 and safety records upon request by the COR or whenever cleaning operations are scheduled at the 154 performance location for areas that are not easily accessible such as ceilings, light fixtures, high 155 reach dusting, etc. IAW paragraphs 5.5 and 5.10. The Government reserves the right to inspect 156 program details for compliance during the life of the contract (Part 8, Exhibit B). 157

1.5.5. The Contractor shall develop and maintain a comprehensive employee orientation and 159 training program for pre-employment, initial and developmental training of HEC personnel. At a 160 minimum the training program shall address: infection prevention and control, basic bacteriology, 161 use and care of supplies and equipment, regulation reviews, fire prevention, safety, Contractor 162 procedure manual, safe handling and management of Regulated Medical Waste (RMW), Asbestos 163 Awareness Training, customer service and quality control as well as recurring and continuing 164 education for optimal competency. The Contractor shall execute their training program and ensure 165 completion before assigning/starting HEC personnel to complete services at the performance 166 location. The Contractor shall provide the Government details on training plans, such as method, 167 venue, lesson plans, hours of instruction, schedules, attendance, and training deficiencies as well as 168 HEC personnel training records upon request and IAW Part 8, Exhibit B. 169

1.5.6. The Contractor shall submit complete and accurate monthly invoices using Wide Area 171 Workflow after performance is complete IAW FAR 252.232-7006. 172

1.6 Mandatory Government Training. The Contractor shall ensure personnel complete all 174 Government in processing requirements and initial/annual training at the performance location NLT 175 30 calendar days after the start of work or initial assignment. See Part 3, Government Furnished 176 Services. 177

1.7 Exercise Participation. The Contractor shall ensure personnel participate in performance 179 location emergency exercises such as, but not limited to, active shooter, tornado and fire drills. 180

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1.8 Defense Medical Human Resources System – The Contractor shall provide a monthly 182 personnel hours report (Part 8, Exhibit B) so that HEC personnel hours worked each month can be 183 entered into the Defense Medical Human Resources System – internet (DMHRSi) system by the 184 Government. 185

1.9 Contractor Personnel. 187

1.9.1. Key Personnel: The Contractor shall designate in writing to the CO, a corporate level 189 Program Manager to oversee the contract terms and conditions, compliance and performance 190 management (Paragraph 1.10) within 10 calendar days from contract award and within five (5) duty 191 days whenever changes occur to the roster (Part 8, Exhibit B). 192

1.9.1.1. Contractor TO Points of Contact: The Contractor shall designate in writing to the TO 194 Contracting Officer (CO) a primary and alternate points of contact for who is responsible for 195 management and performance for the TO performance location(s) no more than 10 calendar days 196 from the TO award and within five (5) calendar days whenever changes occur to the roster. (Part 8, 197 Exhibit B.1). 198

1.9.2. On-Site Management: As required by the TOPR package, the Contractor shall provide a 200 designated on-site Healthcare Environmental Service Executive (a.k.a., Executive Housekeeper and 201 when applicable, an Assistant Executive Housekeeper (Paragraph 5.2.3) for each performance 202 location with the authority to act on behalf of the Contractor for any contract related matters, 203 provide supervision of on-site personnel, oversee/manage day-to-day operations, ensure completion 204 of HEC and other task order PWS requirements. Additionally, a dedicated Quality Control 205 Inspector position may be required at TO level for larger medical facilities or multi-performance 206 locations. This position shall execute the Contractor’s QCP activities, and develop/submit 207 inspection reports and corrective action plans to resolve performance discrepancies. 208

1.9.2.1. The Contractor shall provide on-site management for each performance location with duty 210 hours cited in the TOPR but typically required between 8:00 a.m. to 5:00 p.m local time, Monday 211 thru Friday except Federal holidays or when the Government facility is closed. Outside those hours, 212 the Contractor shall provide a notification process to the COR or the Government representative for 213 after-hours notifications (Part 8, Exhibit B). If required, the on-site management will be available at 214 the performance location within two (2) hours of notification. 215

1.9.2.2. All proposed replacement of on-site management personnel shall be submitted in writing to 217 the Contracting Officer (CO) and the COR at least 15 calendar days prior to the proposed 218 replacement start date. All proposed replacements shall meet the minimum qualifications of 219 management personnel prior to assuming the position. 220

1.9.3. HEC personnel shall perform duties and comply with all DOD, DHA, military service and 222 MTF policies and instructions which may be further defined in the TO PWS. 223

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1.9.3.1. Removal from Contract Work. The Government may direct the Contractor to 226 immediately, temporarily or permanently, remove any HEC personnel from the work site when it is 227 determined that their behavior is contrary to the public interest, inconsistent with the best interests 228 of security, or demonstrates a risk to the health, safety, security, general wellbeing, 229 accomplishment of the work, or operational mission of the facility and its population. The 230 Contractor shall collect the Government issued identification (cards and/or badges) and 231 Government furnished property within three (3) business days or less of departure. 232

1.9.3.2. Continuing Education Units. The Contractor, at their own expense shall ensure HEC 234 personnel continue to meet the minimum continuing education requirements to maintain any 235 required certifications. The Contractor shall ensure all training or education for HEC personnel are 236 obtained at no cost to the Government (IAW Paragraph 1.5.5). 237

1.9.4. Communication. The Contractor shall ensure HEC personnel and on-site management staff 239 are able to independently speak, read, write and understand the English language in order to 240 communicate with MTF management, staff and co-workers and respond to emergency messaging 241 systems. 242

1.9.5. Dress and Appearance: The Contractor shall ensure all HEC personnel and management 244 staff wear distinctive uniforms while performing duties (Paragraph 4.7), unless the worker is 245 required to wear Government furnished surgical garments (Paragraph 3.5). HEC personnel shall 246 present a well-groomed appearance and shall not wear artificial nails, tips, or nail extensions and 247 must be in compliance with Center for Disease Control and Prevention’s (CDC) Guideline for Hand 248 Hygiene in Health-Care Settings. Fingernails (no longer than ¼”) shall be clean and free of dirt. 249

1.9.6. Health Requirements - The Contractor shall comply with all health requirements in the 251 contract. At least 10 calendar days prior to start of work at the performance location, but no more 252 than 60 calendar days, the Contractor shall provide documentation certifying health requirements 253 such as immunizations, annual vaccinations, medical testing (i.e., tuberculosis) and physical 254 examination at the time of initial placement and annually thereafter for all HEC personnel as 255 required in the TO. The expense for all health requirements, to include monitoring and tracking 256 annual requirements, shall be borne by the Contractor at no additional cost to the Government. 257

1.9.6.1. Annual Immunizations. The Contractor shall ensure HEC personnel are immunized 259 annually with the seasonal influenza vaccine, COVID vaccine and any other vaccine recommended 260 by the Advisory committee on Immunization Practice (ACIP) of the CDC for healthcare workers or 261 service/MTF specific guidance as outlined in DoDD 6205.02e, Policy and Program for 262 Immunizations to Protect the Health of Service Members and Military Beneficiaries. The annual 263 influenza vaccine may be provided by the Government, if available, as determined by the MTF and 264 included in the Task Order PWS. If the HEC personnel chooses to be immunized by the 265 Government, the HEC personnel shall sign a waiver releasing the Government from the legal 266 liability IAW local procedures and policies. Alternately, the HEC personnel may obtain the vaccine 267 at another facility, at no cost to the Government, and provide proof of vaccination to the 268 Government. If the HEC personnel declines vaccination, a signed declination form will be provided 269 to the COR IAW CDC recommendations and MTF policy. 270

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1.9.6.1.1. Immunization Tracking. The Contractor shall maintain their own process and system 272 of tracking the currency of health immunizations and shall not rely on the Government for ensuring 273 their employees are in compliance. The Government may track immunizations information in a 274 DoD computer system for all HEC personnel. 275

1.9.6.1.2. Tuberculosis. In those areas where there is a higher risk of transmission of 277 tuberculosis, MTF policy may direct HEC personnel be tested more frequently at no cost to the 278 Government. The Contractor shall ensure HEC personnel receive targeted screening and testing 279 IAW CDC Guidelines for Health Care Settings at Contractor expense and submitting timely records 280 of subsequent screening or testing to the COR. 281

1.9.6.1.3. Blood Borne Pathogen Exposure. The Contractor shall ensure HEC personnel 283 participate in the MTF’s Blood Borne Pathogen Program, which outlines the post blood borne 284 exposure protocols for testing, treatment, and monitoring. 285

1.9.6.1.4. Medical Tests. The MTF will not perform any medical tests or procedures required by 287 the contract for non-beneficiaries except in the rare case of post-exposure IAW DoD regulations 288 and CDC guidelines or recommendations. Except in the case of post-exposure such as post blood 289 borne exposure or occupational exposure such as the Thermo-luminescent Dosimetry monitoring 290 program, expenses for all required tests and/or procedures shall be borne by the Contractor or HEC 291 personnel, not the Government. 292

1.9.6.1.5. Health Notifications. The Contractor shall notify the Government of health issues or 294 hazards identified in their Safety Program (Paragraph 1.5.4). The Government may also notify the 295 Contractor management staff of known work hazards. If work hazards exist, it will be the 296 Government’s decision whether the HEC personnel continues work in the environment and/or if 297 temporary accommodations will be made. 298

1.9.6.1.6. The Contractor shall immediately remove Contractor personnel identified or suspected 300 as infectious to patients or staff following a Government assessment and IAW CDC, federal, state 301 or local health department guidelines. The Contractor shall present a medical release or certification 302 to return to work at least seven (7) calendar days prior to placing the HEC personnel on the 303 schedule. 304

1.10. Access and General Protection/Security Policy and Procedures Installation Access. The 306 Contractor shall ensure all personnel performing services under this contract comply with DoD, 307 DHA, and local security policies and procedures outlined the TOPR. The Contractor shall ensure 308 compliance with the provisions set forth below. For purposes of the Federal Acquisition Regulation 309 (FAR) Clause 52.204-9, the Government will designate a Trusted Agent (TA) for this contract. The 310 Government reserves the right to amend or supplement these provisions pursuant to the FAR 311 52.212-4(c) clause in the contract. 312

1.10.1. The Contractor shall conduct their own initial personnel background investigations and 314 annual revalidation background checks IAW their company’s internal human resource management 315 procedures to ensure candidates for positions under this contract are and remain suitable to perform 316 on Federal installations and are free of derogatory histories that will result in disqualifying findings. 317

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The Contractor shall provide the ACOR at the performance location a letter for each individual that 318 will be performing HEC services under this contract attesting to the completion of the background 319 check and a copy of the results before the Government will proceed with granting/renewing base 320 assess or conducting additional Government investigations for on-site management personnel. 321

1.10.2. The Contractor shall comply with agency personal identity verification procedures that 323 implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and 324 Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication 325 (FIPS PUB) Number 201. 326

1.10.3. U.S. citizenship may be required at some performance locations and will be identified in the 328

TOPR. 329

1.10.4. HEC personnel may not begin physical performance at the location until the required forms 331 have been completed, accepted by the Government and processed by the Office of Primary 332 Responsibility (OPR) primary responsibility or full adjudication of the security investigation is 333 complete. The government will not begin the investigation process until all forms are received and 334 accepted. 335

1.10.5. The Contractor shall advise their HEC personnel that a favorable investigation result is 337 required as a condition of employment under this contract/TO. If a background investigation results 338 in an unfavorable finding, the Government will not grant access to the performance location, and/or 339 Government computer systems. Thus, the contractor personnel will not be able to perform services. 340

1.10.5.1. While the MTF commander may allow HEC personnel temporary or interim access to the 342 base, performance location and Government computer systems, pending the outcome of the 343 investigation, immediate contractor personnel removal will occur if the fingerprint check is 344 returned with unfavorable findings and/or investigation results are unfavorable. In addition, the 345 Government will immediately suspend computer access if the investigation is returned with an 346 adjudication of “unfavorable.” The MTF/organizational commander will determine whether to 347 allow the HEC personnel to continue in the position or deny base and computer access which will 348 mandate removal from the position. 349

1.10.6. Installation Access for Non-Common Access Card (CAC) Holders. The HEC personnel will 351 require base access only; on-site management personnel such as the Executive Housekeeper (EH), 352 Assistant Executive Housekeeper (AEH) and/or Quality Control (QC) Manager will require a CAC. 353 The Contractor shall ensure HEC personnel provide all information requested in the TOPR in order 354 to ensure the Government can complete the necessary reviews and validations to meet installation 355 access requirements. At a minimum, the Government will complete a check of records through the 356 National Crime Information Center (NCIC) Interstate Identification Index (III) to determine fitness 357 and eligibility for base assess for non-CAC holders. This is conducted by the performance 358 location’s Provost Marshal’s Office or installation Director of Emergency Services. After 359 successful completion, HEC personnel may receive an Automated Installations Entry one day pass 360 or extended pass up to 180 days. Before expiration, the Contractor shall ensure the HEC personnel 361 complete the process again to renew installation access. In addition to the changes otherwise 362 authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) 363

HEC PERFORMANCE WORK STATEMENT Page 9 of 61 at any individual facility or installation change, the Government may require changes in Contractor 364 security matters or processes. The Government will notify the Contractor of required changes. 365

1.10.6.1. The Contractor is responsible for absences of HEC personnel due to expired identification 367 and access documents. Such absences shall not relieve the Contractor of its obligation to perform 368 the services required under this contract. 369

1.10.7. Contractor on-site management personnel such as the EH, AEH and/or QC Quality Manager 371 will require a CAC and Government computer system access to unclassified information; therefore, 372 the Government will conduct a Tier 1 background investigation and fingerprint check. A favorable 373 suitability determination is required for ongoing access to the CAC and Government IT systems. 374

1.10.7.1. The Contractor shall provide the letter and company background investigation results as 376 stated above in Paragraph1Paragraph 1Paragraph1.10 and ensure on-site management Contractor 377 personnel complete an accurate Standard Form (SF)85, Questionnaire for Non-Sensitive Positions 378 or other form(s) identified in the TOPR package as well as other requested documentation to the 379 performance location security office for processing as outlined in the TOPR package. 380

1.10.7.2. The Government will schedule the contract personnel for fingerprinting according to 382 performance location procedures. Fingerprints may be obtained by use of Secure Web Fingerprint 383 Transmission (SWFT) machines or physically captured using SF87 or FD258 cards and remain 384 valid for 120 calendar days. 385

1.10.7.3. Upon approval of the application, the EH and AEH will receive an e-mail stating the 387 Common Access Card (CAC) application was approved. The applicant must then go to a Real-Time 388 Automated Personnel Identification System (RAPIDS) Issuing Facility to have the Government 389 credential issued. The EH and AEH must present two acceptable forms of ID which may include: 390 Driver's License, Military ID, Contractor Company ID with picture and expiration date, charge card 391 with picture imprinted, or passport. 392

1.10.7.4. The Government will sponsor the on-site management staff for a Defense Enterprise 394 Email Online (DEE) account once the security investigation is initiated, a CAC is issued and the 395 COR and performance location systems office received the DD Form 2875 System Authorization 396 Access Request (SAAR). The DEE will be discontinued by the Government when the worker no 397 longer requires access. 398

1.11. Out-Processing Requirements. The contractor shall notify the COR when HEC personnel 400 employment status changes occur at least five (5) duty days in advance of the final duty day so that 401 out processing procedures and return of government-issued CAC, MTF badge or other government 402 issued local access card/document(s) can be arranged by the performance location in accordance 403 with local procedures. For planned departures, on the final duty day, the contractor shall ensure the 404 HEC personnel personally brings the CAC or local access card to the designated Government office 405 and complete the DA Form 2962 so the TA can revoke CAC from the TASS and remove authorized 406 base access per mandatory regulations. For unplanned departures, the contractor shall notify the 407 COR within one (1) duty day of employee departure. Additionally, the contractor shall diligently 408

HEC PERFORMANCE WORK STATEMENT Page 10 of 61 work with their former employee to surrender their CAC, MTF badge or other government issued 409 local access card/documents and return them to the COR within three (3) duty days of the final duty 410 day, and update the COR daily on the progress to retrieve these items and facilitate the 411 government’s process to revoke access. 412

1.12. Quality Assurance: The Government will evaluate the Contractor’s performance under this 414 contract IAW the HEC Quality Assurance Surveillance Plan (QASP) (Part 8, Exhibit D). 415 Subsequent TOs will utilize the contract level QASP for monitoring TO performance. The 416 Government may revise the QASP as warranted at any time during contract performance. 417

1.13. Government Personnel: The Government will identify a Contracting Officer and Program 419 Manager; they will administer, manage and assess performance for all contract-level performance 420 which shall include all active TOs and performance locations. The TOCO shall appoint a 421 Contracting Officer Representative (COR) for each TO at the performance location(s). 422

1.14. Data Rights: In addition to the Government’s rights to information, technical data, and/or 424 computer software provided for elsewhere in the terms of this contract, the Government has the 425 rights to use and distribute for any Government purpose any and all information, technical data, 426 and/or computer software produced in the performance of this contract, including the source codes 427 of any software required to prepare or read any reports or other information or technical data 428 prepared within the scope of this contract. All such information, technical data, and/or computer 429 software shall be delivered to the Government. Such information, technical data, and/or computer 430 software may not be published, distributed, sold, or otherwise used by the Contractor without prior 431 written permission from the Procuring Contracting Officer (PCO). This right does not abrogate any 432 other Government rights. 433

1.15. Restriction on the Use of Government-Affiliated Personnel. The Contractor shall not 435 employ any person who is an employee of the United States Government if the employment of that 436 person would create a conflict of interest. The Contractor shall not employ any person who is an 437 employee of the DoD, either military or civilian, unless such person seeks and receives approval 438 IAW 5 U.S.C. § 5536; DoD 5500.7-R (1993), as amended; and service directives. 439

1.16. Contractor Employee Status. The Government does not dictate whether the individual 441 workers provided under this contract would be classified by the Contractor as an “independent 442 Contractor” or an “employee” for federal tax purposes. This determination is made solely by the 443 employing Contractor. If the Contractor’s determination is challenged, this shall be a matter to be 444 resolved between the Contractor, the Internal Revenue Service (IRS), and the HEC personnel. The 445 Government will not consider favorably any request for equitable adjustment to the contract based 446 upon the Contractor’s receipt of an adverse action by the IRS. 447

1.17. Use of Non-Compete Clauses (or employment agreements). The Contractor shall not 449 limit the employment of HEC personnel by another Contractor beyond the current period of 450 performance identified in a TO. Provisions that prevent workers from being interviewed by, 451 employed or offered employment in like or similar positions at the same performance location 452 negatively impacts the goal of retaining incumbent workers and are unacceptable. If Contractors are 453 found to use such non-compete clauses during and beyond the period of TO performance, it may 454

HEC PERFORMANCE WORK STATEMENT Page 11 of 61 render them ineligible for future TO competitions until the incompliant non-compete agreements 455 are retracted and voided. 456

1.18. Confidentiality of Information. Unless otherwise specified, all financial, statistical, 458 personnel, and/or technical data which is furnished, produced or otherwise available to the 459 Contractor management staff or HEC personnel during the performance of this contract are 460 considered Government confidential business information and shall not be used for purposes other 461 than performance of work under this contract. The Contractor and/or the HEC personnel shall not 462 release any of the above information without prior written consent of the PCO. All medical records, 463 medical data and reports remain the property of the Government. 464

1.18.1. Patient lists, no matter how developed, shall be treated as confidential information IAW the 466 Privacy Act and the Health Insurance Portability and Accountability Act (HIPAA). Lists and/or 467 names of patients shall not be disclosed to or revealed in any way for any use outside the MTF, 468 except through MTF-specified processes. 469

1.18.2. The contractor shall ensure that HEC personnel notify on-site management staff if they 471 receive any inquires or complaints from patients, staff or interested third parties. On-site 472 management staff shall notify the performance location COR within one (1) hour during normal 473 duty hours or the next duty day if received after hours. Contractor on-site management staff and 474 HEC personnel shall not respond to any media or other inquiries seeking Government information. 475

1.19. Service Contract Labor Standards/Wage Determinations. The Service Contract Labor 477 Standards (FAR 22.10), formerly known as the Service Contract Act (SCA) of 1965, was enacted 478 to ensure that Government Contractors compensate their blue-collar service workers and some 479 white-collar service workers fairly, but it does not cover bona fide executive, administrative, or 480 professional employees. FAR Part 22 states that a wage determination is “a determination of 481 minimum wages or fringe benefits made under sections 2(a) or 4(c) of the Act (41 U.S.C. 351(a) or 482 353(c)) applicable to the employment in a given locality of one or more classes of service 483 employees.” Applicable wage determinations are available at https://sam.gov/content/wage-484 determinations. The wage determination with revision number will be provided in the TOPR. 485

1.20. Organizational Conflict of Interest for TO Solicitations. If a Contractor was involved in 487 writing the statement of work, Government cost estimate, or source selection plan for a future 488 contract, that Contractor is not eligible to compete for or perform work as a prime Contractor or 489 subcontractor on that future contract. Additionally, if a Contractor is already performing on another 490 contract, through which it would be in a position to evaluate its offer for or performance of a future 491 contract, that Contractor is not eligible to compete for or perform work as a prime Contractor or 492 subcontractor. The Government reserves the right to waive this barrier on a case by case basis if no 493 other Contractor is eligible, is capable, or chooses to submit an offer on the future contract (IAW 494

FAR 9.503). 495

1.21. Associate Contractor Agreements. The Contractor shall enter into Associate Contractor 497 Agreements (ACA) for any portion of the contract requiring joint participation in the 498 accomplishment of the Government’s requirement. The agreements shall include the basis for 499 sharing information, data, technical knowledge, expertise, and/or resources essential to the 500

HEC PERFORMANCE WORK STATEMENT Page 12 of 61 interaction of the HEC program, which shall ensure the greatest degree of cooperation for the 501 development of the program to meet the terms of the contract. Associate Contractor information 502 identified below is to be provided for contract as required. 503

1.21.1.1. Contractor, Address, Program/Contract 505

1.21.1.2. ACAs shall include the following general information: 507

• Identify the associate Contractors and their relationships. 509

• Identify the program involved and the relevant Government contracts of the associate 510

Contractors. 511

• Describe the associate Contractor interfaces by general subject matter. 512

• Specify the categories of information to be exchanged or support to be provided. 513

• Include the expiration date (or event) of the ACA. 514

• Identify potential conflicts between relevant Government contracts and the ACA; include 515 agreements on protection of proprietary data and restrictions on employees. 516 The cooperating Contactors shall provide a copy of such agreement to the contracting 517 officer for review before execution of the document. 518 The Contractor is not relieved of any contract requirements or entitled to any adjustments to 519 the contract terms because of a failure to resolve a disagreement with an associate 520 Contractor. 521

Liability for the improper disclosure of any proprietary data contained in or referenced by 522 any agreement shall rest with the parties to the agreement, and not the Government. 523

All costs associated with the agreements are included in the negotiated cost of this contract. 524 Agreements may be amended as required by the Government during the performance of this 525 contract. 526

1.21.1.3. Health Insurance Portability and Accountability Act (HIPAA) of 1996: See Part 6 for the 528 Business Associate Agreement. 529

1.22. Emergency Health Care. The Government may provide emergency health care for HEC 531 personnel having injuries or life threatening medical emergencies while conducting services at the 532 performance location. The Contractor shall reimburse the Government for medical services 533 provided in any case that HEC personnel are not covered by workers’ compensation insurance, 534 other health insurance or the individual is a military beneficiary entitling them to Government 535 healthcare services. 536

1.23. Government Systems. Contractor on-site management personnel (Paragraph 1.9.2.) shall use 538 automated systems as authorized by the COR, Systems Office and Security at the performance 539 location for the host base’s unclassified computer network, including, but not limited to: internet 540 access, electronic mail, file and print services and saving/archiving as deemed appropriate for the 541 services. 542

1.24. On Ramp Procedures. The Government reserves the right to reopen the competition pool at 544 any time during the term of the contract. The Government will continually review the need for 545 additional HEC Contractors to expand the pool of Contractors for competition or mission needs. 546

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When an on-ramp is used, the Government will advertise the reopening of the competition on 547 sam.gov, and prospective bidders shall meet the criteria established in the initial HEC solicitation. 548 The evaluation and selection of potential bidders for any on-ramp will be the same as the 549 evaluation and award criteria used for the HEC initial basic contract awards, as well as any 550 substantive contract modifications required to be included in the order to mirror the originally 551 awarded contract’s terms and conditions as they exist at the time of the on-ramp awards. The 552 anticipated number of awards will be announced in the reopening announcement. Any new 553 awardees may compete for TOs with any existing Contractors in the same manner described in 554 main contract and will be held to the same performance measures. Any additional Contractors due 555 to on- ramps will not impact the overall contract ceiling; and the PoP for new awardees will not 556 exceed the overall maximum term of the original IDIQ contract (i.e., will not extend past the dates 557 established at initial award). The Government will not consider unsolicited requests for addition to 558 the competition pool. Those Contractors holding awarded basic IDIQ contracts under the original 559 solicitation are excluded from proposing as prime or subcontractor or team member for any 560 offeror under any subsequent on-ramp competition. Additionally, those Contractors awarded a 561 basic IDIQ contracts under the original solicitation but were off-ramped due to non-performance 562 or poor performance are excluded from subsequent on-ramp competition. 563

1.25. Off Ramp Procedures. The Government may remove a Contractor from the pool of 565 awardees at any time during the life of the contract. The Government, in its sole discretion, 566 reserves the right to end the contract (off ramp) if a Contractor is not competitive, has no work 567 or at the Contractor’s request. The Government will provide a 60-calendar day written notice of 568 the cancellation. The Contractor may appeal the PCO decision, but final authority remains in the 569 Contracting Division within the Defense Health Agency. The Off Ramp methods include, but 570 are not limited to, procedures under: 571

1.25.1 Terminations. The Government is permitted to terminate a contract for commercial 573 services either for the Convenience of the Government (FAR 52.212-4(l)) or for Cause (FAR 574 52.212-4(m)). Terminations of task orders will be issued by the TOCO. 575

1.25.2. This provision in no way modifies the rights and responsibilities of the Government or 577 Contractor under the FAR clauses above, or the authority provided by the FAR in the Disputes 578 Clause or Changes Clause. By submitting a proposal under the original solicitation for this 579 requirement, the Contractor agrees (as under a bilateral agreement) to be bound by the terms and 580 conditions of this clause. As such, the Contractor agrees use of the off ramp provisions will not 581 result in costs to the Government. 582

1.26. The Contractor shall maintain the approved key control procedures for Government-issued 584 keys (Paragraph 3.3.4). The Contractor shall orally report NLT one hour after discovery any lost, 585 stolen or duplicated keys to the COR followed by a written report within 24 hours. If lost during 586 hours when COR is not available, the oral report shall be given to the Administrative Officer of the 587 Day (AOD), and followed up on the next business day with a written report to the COR. 588

1.26.1. In the event keys, other than master keys, are lost, stolen, or duplicated the Contractor shall, 590 upon direction of the CO, reimburse the Government for the cost to re-key or replace the affected 591

HEC PERFORMANCE WORK STATEMENT Page 14 of 61 lock or locks. The Government may re-key or replace the affected lock or locks, at its option. In the 592 event a master key is lost, stolen, or duplicated, all locks and keys for that area shall be replaced by 593 the Government and the cost shall be charged to the Contractor. The Contractor shall reimburse the 594 Government IAW FAR 52.245-1. 595

1.26.2. The Contractor shall prohibit the use of Government-issued keys by any persons other than 597 COR-authorized HEC personnel engaged in the performance of assigned work under this contract. 598 The Contractor shall ensure HEC personnel unlock only the doors and windows necessary for the 599 cleaning function. The Contractor shall prohibit the opening of locked areas to permit entrance of 600 other persons. 601

1.26.3. The Contractor shall ensure HEC personnel do not leave unlocked rooms or areas 603 unattended or unlocked during the cleaning process. HEC personnel shall lock all doors and 604 windows when they finish the cleaning process and report. 605

1.26.4. The Contractor shall ensure HEC personnel report problems with locking doors or windows 607 to COR IAW Paragraph 5.15. 608

PART 2 610

2.0 DEFINITIONS AND ACRONYMS 611

2.1 Definitions: The following terms used throughout this PWS shall have the following meanings: 613

2.1.1. Acceptable Quality Level. AQL is the maximum allowable percentage of deviation from 615 perfect performance for an individual service output. 616

2.1.2. Asbestos-Containing Material. Any material containing more than 1% asbestos. Presumed 618 asbestos containing material includes thermal system insulation and surfacing material found in 619 buildings constructed no later than 1980. 620

2.1.3. Aseptic Cleaning. This is the removal of soil and/or grime from a surface IAW total 622 disinfection standards, policies, and procedures to control and eliminate infections. 623

2.1.4. Between-Case Cleaning. The surgical, labor, and delivery room clean up tasks performed at 625 the end of each scheduled or unscheduled case. 626

2.1.5. Bloodborne Pathogens Standard. The OSHA standard to eliminate or minimize 628 occupational exposure to Hepatitis B Virus (HBV), Human Immunodeficiency Virus (HIV), and 629 other blood borne pathogens. 630

2.1.6. Certification. An official recognition by a national agency or association that the 632 individual worker has successfully completed an approved education program or evaluation 633 process. This includes formal processes designed to assess the knowledge, experience, skills 634 and abilities required to provide quality services. 635

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2.1.7. Common Access Card. Smart card-based technology and systems used to transform and 637 improve security in DoD processes and mission performance thereby enhancing readiness while 638 also improving business processes. The standard identification card for active duty Uniformed 639 Services personnel (to include the Selected Reserve), DoD civilian employees, eligible Contractor 640 personnel, and eligible foreign nationals. The Department's primary platform for the public key 641 infrastructure authentication token used to access DoD computer networks and systems in the 642 unclassified environment and, where authorized by governing security directives, the classified 643 environment. It is the principal card enabling physical access to installations. The CAC enables 644 encrypting and cryptographically signing email facilitating the use of PKI authentication tools, and 645 establishes an authoritative process for the use of identity credentials. 646

2.1.8. Consumable Supplies. Items that are consumed or otherwise utilized in the normal course of 648 operations. 649

2.1.9. Contingency Aseptic Cleaning Services. Unforeseen circumstances or events such as post-651 construction or renovation projects, emergency cleaning of a specific area or National Health 652 Emergencies that may be required in a DHA facility but cannot be forecasted with certainty. 653

2.1.10. Contract Discrepancy Report. A report that requires the Contractor’s response when 655 performance is unsatisfactory. The CDR requires the Contractor to explain, in writing, why 656 performance was unsatisfactory, how performance will be returned to satisfactory levels, and how 657 recurrence of problems will be prevented. 658

2.1.11. Contract Level Performance Requirements. The contract level performance 660 objectives outlined in Exhibit 1 that the Contractor must meet in order to be considered a 661 satisfactory performer. 662

2.1.12. Contractor Performance Assessment Reporting System (CPARS). The 664 Government system for reporting Contractor performance records IAW with FAR 42.1502 665 and 42.1503. 666

2.1.13. Contracting Officer (CO). The individual with the authority to enter into, administer, 668 and/or terminate contracts. The CO is the exclusive Government official authorized to execute 669 changes and authorize deviations or variations from the…