HT0014-16-R-0005-0001.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this amendment is as follow s:

- Updates block 10 to be 100% set aside small business

- Updates the Manpow er Reporting Cost Constraint to NSP

- Updates the PWS, Addendum to 52.212-1, 52.212-2, Addendum to 52.212-2 and Addendum to 52.212-4.

- Updates the Contract Specialist POC to be Mr. Carlos Sikaffy. The email address is: carlos.a.sikaffy.civ@mail.mil All other terms and conditions remain the same.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 41

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 03-Dec-2015

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X HT0014-16-R-0005

X 9B. DATED (SEE ITEM 11)

02-Dec-2015

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

04-Dec-2015

CODE

DEFENSE HEALTH AGENCY (COD NCR)

2900 CRYSTAL DRIVE

SUITE 210

CRYSTAL CITY VA 22202

HT0014 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

HT0014-16-R-0005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The Acquisition Set Aside has changed from EDSWOSB to Small Business.

SUPPLIES OR SERVICES AND PRICES

CLIN 0002

The cost constraint NSP has been added.

CLIN 1002

CLIN 2002

CLIN 3002

CLIN 4002

The following have been added by full text:

ADDENDUM TO 52.212-4

(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

The following have been modified:

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph revised.

Para (b) Submission of Offers. The following amends this paragraph with respect to the information and documents required for submission in response to this solicitation and requirements for oral presentation of those proposals determined to be in the competitive range.

(1) ELECTRONIC OFFERS. Offeror SHALL ONLY submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address:

carlos.a.sikaffy.civ@mail.mil

(2) Offeror must separately email Robert Shepherd to verify receipt of the offer. The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the Offeror to verify receipt of the emailed offer. All questions pertaining to this requirement must be received electronically by 10:00 a.m. EST 10 December 2015.

(3) This acquisition is being conducted utilizing the policies and procedures of FAR Parts 8 and 12 in conjunction with appropriate parts of FAR Part 15 for the acquisition of commercial serviceshe Government intends to award a firm fixed-price personal services contract under the authority of Section 1091 and 1089 of Title 10, U.S.C.

Accordingly, Offeror’s are instructed to insure that their offered rates DO NOT include costs associated with medical malpractice liability insurance. Offeror must quote a firm-fixed price for each Contract Line Item.

(4) The Government intends to award a contract without further communicating with contractors. Consequently, contractors are highly encouraged to quote their best technical and pricing quotes in their initial submissions.

However, the Government reserves the right to communicate with any or all contractors submitting a technical and price quote, if it is determined advantageous to the Government to do so. This statement is not to be construed to mean that the Government is obligated to communicate with every offeror (note that FAR Part 15 procedures do not apply to FSS orders, therefore formal discussions are not applicable). A contractor may be eliminated from consideration without further communication if its technical and/or pricing proposal are not among those Contractors considered most advantageous to the Government based on a best value determination.

(5) SUBMISSION OF OFFERS. The solicitation should be completed, signed and received by electronic mail only at this office not later than the date/time specified in Block 8 of the solicitation (Standard Form [SF] 1449).

Please note that your offer must include all of the following information. Submit proposal in three separate parts as follows:

PART I: TECHNICAL INFORMATION. The contractor shall provide a Compensation Plan. The Compensation Plan must describe how the contractor will compensate qualified personnel performing the service. The information provided by the Offeror will be a significant factor in the Government’s determination of technical acceptability.

The Compensation Plan shall include the breakdown of the contractor’s compensation plan and include employee salary amount, employee fringe benefits, as well as company profit overhead and G&A. The following will be outlined in the Compensation Plan and submitted as Attachment #1. A template to help prepare this attachemnt is provided as an attachment to this solicitation. It shall also describe any training procedures to maintain required certifications, and include of an effective and realistic Retention Plan for the geographic area of service (Bethesda, Maryland).

PART II: PRICE. If the prices are the same for each contract period, provide one schedule and state that the schedule applies to all contract periods. The information provided in this schedule will be used to assist in the cost realism analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS.

(i) Price Schedule. Round figures to the penny in the pricing schedule.

(ii) Complete and sign SF 1449, page 1, Blocks 30a, b & c.

(iii) Signed amendments (if any).

(iv) Representations and Certifications found at FAR 52.212-3 Alt I, 52.209-7 and DFARS 252.212-7000 MUST be completed. [Check blocks and fill in blanks.]

(5) PROCESS FOR AWARD. This is competitive acquisition. Discussions may be conducted should the Contracting Officer deem that it is appropriate. This contract will be awarded strictly in accordance with the criteria and process established in 10 USC Section 1091(c)(1)(B) and (c), and the implementing provisions of DFAR 237.104(b)(ii).

(6) BASIS FOR AWARD. Award will be made on a Lowest Price Technically Acceptable (LPTA) basis. Award will be made to the Offeror provided its technical proposal conforms to the requirements of this solicitation; its price is determined to fair and resoable by the contracting officer; and the contracting officer determines the offeror is responsible. The Contracting Officer intends to award without discussion, but reserves the right to do so in his or her sole discretion. Para (g) Contract award. This is amended to state that the Government may conduct discussions prior to contract award.

Para (j) Data Universal Numbering System (DUNS) / CAGE Code. The Offeror shall obtain these said Codes and submit them to Contracting Center. Registration in the Central Contractor Registration (CCR), if you are a US firm.

Award cannot and shall not be made to an Offeror without these codes

Para (m) Bid Preparation Costs. This solicitation does not commit the Government to pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer.

Para (n) The Offeror is responsible for ensuring that its proposal is complete. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of any stated claims.

The proposal shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the Offeror intends to perform the requirement. Offeror shall assume that the government has no prior knowledge of their experience and will base its evaluation solely on the information presented in the Offeror’s proposal.

Para (o) Protests received at a level higher than the contracting officer will be referred to the contracting officer.

Protestor may request a review by the contracting officer or an independent review at a level higher than the contracting officer. Requests for appeals or independent review will be addressed to the contracting officer for referral to the review authority. Questions on this process will be referred to the cognizant contracting officer identified in the solicitation.

Para (p) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.

(End of Addendum to 52.212-1)

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2 EVALUATION--COMMERCIAL ITEMS

Paragraph (a) is hereby supplemented with the following:

This acquisition is being conducted utilizing the policies and procedures of FAR Part 12 in conjunction with appropriate parts of FAR Part 13 for the acquisition of commercial services. Impartial consideration will be given to all offers received in response to this solicitation. Offers will be reviewed to determine compliance with all requirements of the solicitation, including any attachments and exhibits. Any offer that is not in compliance with the requirements of the solicitation will be unacceptable and ineligible for award.

The award will be made to the offeror whose proposal is determined to be the most beneficial (best value) to the Government, with appropriate consideration given to two (2) evaluation factors using the Lowest Price Technical

Acceptable price analysis.

Please note the following:

b) Alternate proposals will not be considered; the offerors are limited to a single proposal. Multiple solutions, optional solutions, etc., shall NOT be provided and may render a offer unacceptable.

c) The Government intends to make a single award resulting from this RFP.

FACTORS TO BE EVALUATED

Award will be made to the offeror whose proposal is most advantageous to the Government based upon an integrated assessment of the evaluation factors and sub factors described below.

The following evaluation factors and sub factors will be used to evaluate each proposal:

Factor I: Technical

Factor II: Price

Evaluation Approach The following factors will be evaluated:

1. Technical:

The Government will evaluate the proposed Compensation Plan to determine the adequacy of the plan, in particular the hourly wage to be paid to HCPs, to successfully attract and retain qualified HCPs with minimum turnover. The Government will evaluate the rate paid and fringe benefits provided to the individual HCPs to ensure the rate and benefits are realistic for the local area and for their impact upon attracting and retaining HCPs. The Government has research compensation levels offered to perform the services under this contract and has developed guide to assist evaluators in rating this factor for the geographic region Bethesda, MD 20889-5600.

A low compensation plan may be viewed as evidence of failure to comprehend the complexity of the contract requirements or appropriate compensation levels of geographic area where performance will take place.

The following adjectival ratings will be used in evaluating each Offeror’s technical proposal.

Technical Acceptable/Unacceptable Ratings Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation.

Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.

An unacceptable rating will be assessed on any Offeror that presents a proposal that demonstrates the following:

(1) Based on the Offeror’s performance record, the Government has no reasonable expectation that the Offeror will be able to successfully perform the required effort.

Note: To receive consideration for award, a rating of acceptable must be achieved in all technical factors.

2. FACTOR 2. Price Factor. The contract will be a Firm Fixed Price (FFP) Contract. The Government will conduct a price analysis for fair and reasonable prices. Price will be evaluated separately from the technical factor.

The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

a. All vendors’ prices must be deemed to be fair and reasonable to qualify for award.

b. Options: The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the options.

c. Given that FAR 52.217-8 provides that the Government may exercise the Option to Extend Services at the rates specified in the contract (i.e., the rates in effect when the Extension of Services option is exercised), for purposes of evaluating the Option to Extend Services, the Contracting Officer will consider the prices submitted for the base period and each option period, since those are the binding prices should the Option to Extend be exercised.

(End of Addendum to FAR 52.212-2

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

CHIROPRACTOR 2 FTEs

PHYSICAL THREAPY SERVICE

DEPARTMENT OF REHABILITATION

WALTER REED NATIONAL MILITARY MEDICAL CENTER (WRNMMC), BETHESDA, MD

1.0 INTRODUCTION:

1.0.1 The Contractor shall provide Chiropractor (2 FTE) Services to support the Department of Rehabilitation - Physical Therapy Services of Walter Reed National Military Medical Center, Bethesda, MD (WRNMMC). The services will be of a nature and scope described in the paragraphs below. The contract Health Care Provider (HCP) will work in conjunction with other health care providers, professionals, and non-contract personnel at WRNMMC; and, shall provide the Personal Services of its Chiropractors, licensed to perform such services in accordance with the scope, and as described in this Performance Work Statement (PWS).

1.0.1.1 The quality of care provided by the Contractor HCP shall be of a quality meeting or exceeding currently recognized national standards as established by the Joint Commission (JC). Contractor HCP shall give the highest regard to patient dignity and observe the precepts of the American Hospital Association’s Bill of Rights for Patients.

The Contractor HCP shall abide by the Medical Treatment Facility (MTF) rules, regulations and by laws, including Medical Staff By laws, as well as applicable Army regulations governing such things as medical records.

1.1 GENERAL CONDITIONS OF POSITION:

1.1.1 This contract is a Personal Services contract and is intended to create an employer-employee relationship between the Government and the individual contract health care providers only to the extent necessary for providing the healthcare services required under this contract. The performance of healthcare services by the individual contract health care providers under a Personal Services contract are subject to day-to-day supervision and control by healthcare facility personnel comparable to that exercised over military and civil service health care providers engaged in comparable healthcare services. Any personal injury claims alleging negligence by the individual contract health care providers within the scope of the health care provider’s performance of the Personal Services contract shall be processed by Department of Defense (DOD) in the same manner as claims alleging negligence by DOD military or civil service health care providers.

The contract does not create an employer-employee relationship between the Government and any corporation, partnership, business association or other party or legal entity with which the contract health care provider may be associated. The authority for this contract is 10 United States Code 1089 and 10 United States Code 1091.

1.1.1.1 All contractor personnel shall be sufficiently competent in reading, writing, speaking, and understanding

English to perform the work.

1.1.2. Professional Liability. Pursuant to 10 USC 1089(a), DoD shall process any personal injury claim alleging negligence by the HCP within the scope of the HCP’s performance under this contract as claims alleging negligence by DoD military or civil service HCP. The contractor or HCP is not required to maintain medical malpractice liability insurance, and the Government will not reimburse or otherwise pay for such insurance should any be purchased.

1.1.3. Responsibility and Procedures. If any suit or action is filed or any claim is made against the contract HCP, which occurred as a result of work performed by the HCP under this contract, the HCP shall immediately notify the contractor, the contracting officer and the chief of the appropriate services and promptly furnish them copies of all pertinent documents received.

1.1.4. The contractor and contract HCP shall cooperate with the government, without further compensation, in the processing, review, settlement, or defense of the suit, action, or claim; and authorize government representatives to settle or defend the claim and to represent the HCP in, or take charge of, any litigation involved in such an action. The contract HCP may, at the contract HCP’s own expense, participate in defense of such claim or litigation.

1.1.5. Confidentiality / HIPAA. The contract HCP shall abide by AR 40-3 and AR 40-66 concerning the nature of limited privileged communication between patient and health care provider for security and personnel reliability programs.

The contract HCP shall abide by AR 40-66 concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Drug and Alcohol Act, Public Law 92-129 and HIPAA. The Contract HCP shall direct all requests for medical information on patients to the Chief, Patient Administration Division. The Contract HCP shall not release any medical or personal information on a patient without first receiving written approval from the government. Government will provide the regulations upon request by the Contract HCP.

1.1.5.1 Removal of Contractor HCPs. At any time during the performance of this contract, the Contracting Officer or COR may direct the contractor to immediately remove any Contractor HCP whose actions or impaired state raises reasonable suspicion that clear and present danger of physical harm exists to a patient, other Contractor HCPs, government personnel or to the impaired individual. This provision will be used in emergency situations only and not for the purpose of bringing performance issues or other non-urgent concerns to the attention of the contractor.

1.1.5.2 If the need for a removal occurs, the COR will contact the contractor's point of contact and direct the contractor to remove that individual from the military facility and to not use that individual to perform any healthcare services required under this contract until the issue has been resolved by the Contracting Officer. The contractor shall formally meet with the COR to discuss further action in accordance with the MTF Quality Assurance and Inspection (QA&I) Plan and AR 40-68. A review of the basis for removal will be made by the Contracting Officer within 3 working days after the COR directed the removal.

1.1.5.3 If, after any investigation deemed necessary by the Contracting Officer or the government and discussions with the contractor's representative, the Contracting Officer concludes that the Contractor HCP’s impairment requires permanent removal from performance under the contract, the Contracting Officer will notify the contractor that permanent removal is required. In the event of disagreements between the government and the contractor's representative concerning matters of impaired Contractor HCPs, the decision of the Contracting Officer will be final.

During the period of time between the removal and the final decision of the Contracting Officer, the contractor shall provide a backup/replacement Contractor HCP in accordance with the terms and conditions of this contract.

1.15.4 The Commander 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 provider’s competence to practice or for any cause affecting the safety of patients or others. 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.

1.1.6 Conflict of Interest.

1.1.6.1 Contractor HCP shall not use patient care rendered pursuant to this agreement as a part of a study, research grant, or publication without the prior written consent of the MTF Commander.

1.1.6.2 Contractor HCP shall not bill the patient, an insurer, or anyone else for services rendered. The Contractor HCP is prohibited from receiving compensation of any kind for eligible patients treated, procedures performed, or any other actions performed, except under the terms and conditions of this contract, at the rate specified in the contract.

1.1.6.3 Contractor HCP shall not, while performing services under this contract advise, recommend, or suggest to persons eligible to receive medical care at WRNMMC or any subordinate clinics that such persons should receive care from the Contractor HCP at any place other than at the MTF. The Contractor HCP will not refer any patients to any company or service to which they have a direct or indirect involvement (including partnership programs and ancillary services not offered by the MTF).

1.1.6.4 Contractor HCP shall not introduce new medical procedures or changes in standing operating procedures without first coordinating with the Chief of Services.

1.1.6.5 Contractor HCP is not prohibited by reason of his employment under this contract from conducting private practice, if there is no conflict with the performance of services under this contract.

1.1.6.6 Contractor HCP shall not use Government facilities or other Government property in connection with conducting a private practice.

1.1.6.7 Contractor HCP shall not be an employee of the United States Government if the employment would create a conflict of interest. The Contractor HCP who is an employee of the Department of Defense, either military or civilian, shall not be employed unless such person seeks and receives approval in accordance with DoD 5500.7-R.

1.2 SCOPE OF WORK: The Contractor shall provide qualified personnel, services, materials, equipment, supplies and facilities necessary to perform Chiropractor (2 FTE) Services.

1.2.1 The Contractor shall comply with all applicable laws, rules and regulations, including but not limited to those included in Section 6 of the PWS.

1.3 SAFETY REQUIREMENTS: The Contractor HCP shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA).

1.3.1 CRIME CONTROL ACT OF 1990. No performance under this contract will be allowed without full compliance with the Crime Control Act of 1990 and Department of Defense Instruction 1402.5 dated 19 January 1993. All contract providers having access to Government computer systems and/or providing care to children (17 years of age and under) must be subject of a favorable background investigation of a favorable background investigation. Background checks will be based on fingerprints of individuals obtained by a law enforcement officer and inquiries will be made, based on the Standard Form 85-P completed by the contract provider through the Federal bureau of Investigation (FBI) and state criminal history repositories. All individuals who are required to complete the Standard Form 85-P Questionnaire for Public Trust Position (including individuals who will access CHCS) shall provide the SF85-P documentation on a 3 ½” computer diskette or as otherwise required by the MTF.

1.3.2 The following procedures are required as part of the security requirements in 1.6 and 1.11. HCPs under individual contract will have access to and/or process information requiring protection under the Privacy Act of 1974. These positions are considered Sensitive positions. Compliance with DoD Directive 5200.28, DoD 5200.2-R, AR 25-2, and AR 380-67 is mandatory for Sensitive positions. Therefore, a National Agency Check with Inquiries (NACI) is required for each HCP under this contract. For JTF CAPMED facilities and Navy facilities, a NACLC (National Agency Check with Local Check and Credit Check) will be required lieu of the NACI. The contractor shall fully adhere with security requirements and the provisions of referenced publications by having each of their contract HCPs who are performing under the individual task order make an appointment (through the COR) with the appropriate security organization at the installation. Each individual will be fingerprinted and required to complete the appropriate forms, usually a Standard Form 85-P, Questionnaire for Public Trust Positions, and a SF 86, for NACLC checks. The contractor shall advise their HCP that a positive report is needed as a condition of employment under this contract. The contractor shall apply for the NACI/NACLC within three (3) workdays after start of performance for each contract HCP.

1.4 CRIMINAL HISTORY BACKGROUND CHECK REQUIREMENT

1.4.1 This clause is MANDATORY for those personnel involved in the delivery of healthcare to children under the age of 18 on a frequent and regular basis.

1.4.2 The government will conduct criminal background checks on all contract Health Care Providers (HCPs) in accordance with the procedures set forth in Public Law 100-235, DOD Directive 5200.28 Enclosure 6 paragraph E6.4.1.2, DOD Directive 5200.2-R, DODI 1402.5. The contractor is responsible for ensuring background check submittals are initiated in accordance with the MTF procedures prior to contract HCPs providing services at the MTF, and that they are properly cleared and meet the requirements of the law. Background checks shall be based on fingerprints of individuals obtained by a law enforcement officer designated by the provost marshal on a properly completed FD Form 258 (FBI US Department of Justice Fingerprint Card) together with DD Form 398-2 (DOD National Agency Questionnaire), and on inquiries conducted through the Federal Bureau of Investigation (FBI) and State Criminal History Repository check, and a local Installation Record Check if required. The procedures for completing the required background check are outline in the Department of Defense Instruction (DODI) 1402.5.

Dated January 10, 1993; Subject: Criminal History Background Checks on Individuals in Child Care Services;

Enclosure 6, paragraph E6.4, Government Contract Employees. (DODI 1402.5 is available on the Internet at:

http://www.dtic.mil/whs/directives/corres/html/14025.htm . Time required for contract HCPs to be fingerprinted is billable under the contract.

1.4.3 If the contractor has a DOD affiliation such as living or working on an installation within the last 5 years, or is a family member of active duty military, an Installation Record Check (IRC) shall be conducted by DOD Component personnel at the installation level. No IRC is required on individuals without DOD affiliation. Upon favorable completion of the IRC, an individual may be selected to provide services to a minor child under line-offsite supervision (LOSS) until the required background checks are completed. Line-of-sight supervision is defined at DODI 1402.5, Enclosure 5.

1.4.4 Personnel may be employed under the contract pending completion of the background checks provided the activity uses line-of-sight supervision while minor children are in the care of that individual. The contract HCP shall be within line-of-sight supervision of a staff person whose background check has been successfully completed, or is in the presence of the child's parent or guardian.

1.4.5 All clearance requests shall be submitted in accordance with the applicable directives specific to the MTF.

The name and address of the MTF security section representative or the COR shall be included in the request as the recipient of the results in accordance with MTF procedures. If neither position exists, the KO shall be designated to receive a copy of the results.

1.4.6 Contract HCPs have the right to obtain a copy of the background check report. Contract HCPs should contact their appropriate company representative or individual identified in the previous paragraph for a copy of the results.

Contract HCPs may challenge the accuracy and completeness of the information in the report by contacting the individual identified in the previous paragraph.

1.4.7 If the contractor has previously received a background check, proof of the check shall be provided or a new one obtained. A new investigation is required if a break in service to the Department of Defense results in a time lapse of more than 2 years. Re-verification shall be accomplished every 5 years.

1.4.8 Payment of fees incurred in the conduct of any criminal history background check is the responsibility of the employing activity.

(End of Notice)

1.4.9 The contractor and contract HCPs determined by the MTF to be involved in the delivery of health care to children under the age of 18 on a frequent and regular basis must meet the requirements of the Crime Prevention Act of 1990, as specified in the Supplement to the PWS, Criminal History Background Check Requirements.

1.5 CRIME CONTROL ACT OF 1990

No performance under this contract will be allowed without full compliance with the Crime Control Act of 1990 and the Department of the Army Circular 690-92-1, 15 November 1992, Criminal History Background Checks on Individuals in Child Care Services. Contractor shall ensure that proposed providers cooperate with and assist the Government in conducting any necessary background checks.

1.5.1 COMPLIANCE WITH CRIME CONTROL ACT OF 1990. This position requires the contractor to comply with Public Law 101-647 (Crime Control Act) and submit to a criminal history background check performed by the government. The contractor shall schedule an appointment with the Security & Intelligence Office, MTF within 3 working days after start of performance under this contract. The contractor will be fingerprinted and complete a Standard Form SF85-P. If the contract employee is in a position that requires access to Critical Sensitive or Classified Information the contract agency Facility Security Office (FSO) is responsible for ensuring that the employee has the required security clearance to include submitting a SF86 EPSQ questionnaire to DSS and obtaining the necessary security clearance level through Defense Investigative Security Clearance Office (DISCO) as prescribed by the National Industrial Security Program Operating Manual (NISPOM) The contractor shall be advised that a FAVORABLE report is needed as a condition of employment under Army Contracts. Until the final background checks are completed, line of sight restriction shall apply and access to classified or Critical Sensitive information will be denied until a final security clearance or an interim security clearance has been granted by DISCO and the appropriate security verification and visitation letter has been received by the MTF Security and Intelligence office. The security office will notify each department head when line of sight requirement can be lifted. Contract employees who previously received a background check and do not have a two-year break in service must get verification from Security and Intelligence Office. All employees are required to have a record re-verification and internal record check at a minimum of every five years.

1.6 SECURITY REQUIREMENTS.

The MTFs are restricted access military installations. HCPS shall not begin performance until the complete documentation for a Personnel Background Investigation has been submitted. An Identification (ID) badge, the Common Access Card (CAC) and the vehicle registration will not be issued until complete documentation has been submitted to the appropriate Installation, MTF, or other Security Manager(s), as required at the facility. The CAC card is required for access to Government computer databases and also is presented to the security guards when entering the military installation. If a background investigation results in an unfavorable finding, the contracting officer will notify the contractor and the contractor employee will not be granted access to the facility, will not be able to perform services at the facility, and must return all identification badges, CAC cards, and other items issued previously by the government.

1.6.1 Upon notice of award and their acknowledgement of acceptance of the contract; the contractor will immediately by electronic mail; and, by letter transmittal of written notification; provide his/her (Company) contact information to the Contracting Officer (CO) and Contracting Officer’s Representative (COR), of those contractor personnel who are designated by the contractor as the Primary and Alternate points-of-contact (POCs) to the contractor, for the purposes of this contract. The Primary and Alternate POCs shall be available to perform this function (POCs), upon the Government’s receipt of acknowledgement of acceptance. The Government shall be provided the POC’s individual’s name, address, electronic mail address, business, and mobile telephone numbers. This information must be received and acknowledged by the KO and COR prior to start date of performance under the contract, for the COR to receive subsequent contractor personnel information for staff in-processing procedures to meet the security requirements, for information needed to access the installation/MTF initially, as well as in processing of any forms.

1.6.2 Security Identification Badges. Contractor HCP shall comply with the local installation and MTF personnel identification and access requirements.

1.6.3 Each contract HCP shall wear a visible security ID badge, provided by the military installation or the MTF, on the front of his/her outer clothing.

1.6.4 The contractor shall be responsible for ensuring all HCPs timely renew ID, CAC, and access documents.

Absences due to the loss or expiration of such badges shall not relieve the contractor of its obligation to perform the health care services required under this contract.

1.6.5 The contract HCP shall immediately report any lost or stolen security badges to the COR.

1.6.6 The contract HCP shall turn in the MTF badge, Common Access Card (CAC), and Civilian ID Card to the COR upon termination of their services under this contract.

1.6.7 SECURITY/(IT) REQUIREMENTS.

1.6.7.1 In accordance with (IAW) Army Regulation 525-13, paragraph 5-19, all prospective contract HCPs will undergo a verification process to determine the trustworthiness and suitability prior to being granted access to federal property. Limited access with escort may be granted (at the installation's discretion) for an interim period while investigations are being conducted.

1.6.7.2 IAW AR 25-2 and HSPD-12, Installation Security Office will submit all background investigations on prospective contract HCPs requiring Common Access Cards (CAC), network access.

1.6.7.3 Upon notification, the Provost Marshal Office will conduct background checks on all other contract HCP personnel when there isn't a requirement for CAC and/or IT requirements in the contract.

1.6.7.4 Complete disclosure of any past incidents in the contract HCP professional duties or of incidents which might be considered to impact on his/her professional standing, such as charges (unless acquitted) involving either felonies or misdemeanors (other than minor traffic violations), is a necessary part of the competency process. This disclosure must also specifically include reports of any actions, claims, charges, of malpractice ever brought against the contract HCP(either individually or as a part of a group), as well as the outcome (or current status) of any such case. The MTF will evaluate any such incident and determine whether it should be disqualifying.

1.6.7.5 Contract HCP is advised to make full disclosure under this paragraph as a condition of employment. Failure to make a full disclosure will result in a determination that the provider's services were unsatisfactory.

1.6.7.6 If at any time during the contract period it is discovered through a medical center investigation or any investigation, that the contract HCP is currently pending charges, or has previously been convicted of any of the aforementioned incidents, that contract HCP may be removed from service under the contract.

1.6.8 ANTITERRORISM (AT) TRAINING.

1.6.8.1 AT Level I Training. All Contract Service Providers (CSPs), to include subcontractor CSPs, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 90 calendar days after contract start date. The contractor shall submit certificates of completion for each affected CSP and subcontractor CSP, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all CSPs and subcontractor CSP. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at .

1.6.8.2 IWATCH Training. The contractor and all associated sub-contractors shall brief all CSPs on the local iWATCH program (training standards provided by the MTF antiterrorism officer). This local developed training will be used to inform CSPs of the types of behavior to watch for and instruct CSPs to report suspicious activity to the COR. This training shall be completed within 14 calendar days of contract award and within 14 calendar days of new CSPs commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.8.3 CSPs Who Require Access to Government Information Systems. All CSPs with access to a government information system must successfully complete the DOD Information Assurance Awareness training prior to access to the information systems and then annually thereafter.

1.7 CONTRACTOR VERIFICATION SYSTEM (CVS) FOR CONTRACTORS AT WRNMMC and subordinate Clinics

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

1.7.2 The Contractor shall comply with agency personal identity verification procedures in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

1.7.3 The contractor shall ensure compliance with the provisions set forth below. For purposes of FAR Clause 52.204-9, the Government will designate a Trusted Agent (TA), and the contractor shall designate a Facility Security Officer (FSO), for this contract. The Government reserves the right to amend or supplement these provisions pursuant to the Changes clause in the contract.

1.7.4 In-processing Requirements. Contractor personnel are prohibited from performing services under this contract absent compliance with the in-processing requirements set forth below.

1.7.5 For every contract service provider, the FSO shall provide the following information to the TA for input into the DEERS/RAPIDS System:

(a) Last Name

(b) First Name

(c) Middle Name

(d) Social Security Number

(e) Date of Birth

(f) E-mail Address (may be either the e-mail address of the incoming individual or the FSO).

1.7.6 The contract service providers shall have an Army Knowledge Online (AKO) account in order to submit the application. AKO registration may be accessed via https://www.us.army.mil.

1.7.7 The DEERS/RAPIDS Systems will send a notice to the e-mail address provided IAW the above requirement, in which the contract service provider’s user ID and password are provided. In the event the e-mail message is sent to the FSO, the FSO shall notify the contractor of the contract service provider’s user ID and password.

1.7.8 The contract service provider shall log into the DEERS/RAPIDS System, and submit an application for acceptance into the System, using the user ID and password provided.

1.7.9 The application will be accepted, returned, or rejected by the TA. Notice as to whether the application has been accepted, returned or rejected will be provided to the individual’s e-mail address provided within 48 hours after submission. If the application is returned or rejected, the contract service provider shall contact the TA and comply with the TA’s guidance to attempt to correct and resolve the issues.

1.7.10 Upon approval of the application, the contract service provider shall receive an e-mail sent to the address provided stating the Common Access Card (CAC) application was approved and to proceed to the Verifying Office (VO) with two photo IDs to obtain a CAC. For CAC issuance, the individual must present with two forms of ID, one must be a picture ID. The e-mail will contain a URL to download the form. Acceptable forms of ID to include:

Driver’s License, Military ID, Contractor Company ID with picture and expiration date, charge card with picture imprinted, and passport.

1.7.11 Revalidation Requirements. The TA is required to revalidate all contract service providers, in the DEERS/RAPIDS System, every 6 months. In the event revalidation is denied, the CAC credentials shall be revoked and the CAC will not be useable to login.

1.7.12 Out-processing Requirements. When a contract service provider’s performance under this contract ceases, the contractor or FSO shall provide written notice to the TA. The TA will remove the contract service provider from the DEERS/RAPIDS System. The contractor shall ensure the contract service provider’s CAC is turned in to the Government IAW the out-processing procedures and further guidance from the contracting officer.

1.7.13 The contractor is responsible for absences of contract service providers due to expired identification and access documents. Such absences shall not relieve the contractor of its obligation to perform the health care services required under this contract.

1.7.14 The contract health care providers shall immediately report any lost or stolen badges to the COR.

1.8 Vehicle Registration.

1.8.1 All Contractor HCPs must register their vehicles with the Base Security Office to gain access onto the military reservation. A valid driver’s license, government-furnished civilian ID, proof of insurance and current registration must be presented to the Base Security Office, at which time a Department of Defense decal will be issued. The decal shall be placed on the vehicle’s front windshield in accordance with instructions.

1.8.2 Vehicles, with or without a DoD decal, are subject to search. Contractor HCP may encounter long delays for vehicle inspection and identification checks upon entering and exiting the installation. The government will not reimburse the Contractor for time spent at installation checkpoints. Contractor HCP should plan accordingly and report to work at their scheduled duty time, at their appointed place of duty within the MTF.

1.8.3 Contractor HCP shall follow installation procedures for removal and turn-in of the vehicle decal upon termination of services under this contract.

1.9 SAFEGUARDING MATERIAL AND CONFIDENTIALITY OF INFORMATION - ADP

SECURITY/PRIVACY ACT/HIPPA

1.9.1 IDENTIFICATION OF PRIVACY ACT. This contract requires the development of a system of records in accordance with the Privacy Act of 1974.

1.9.2 The contractor shall be responsible for safeguarding all Government property provided or obtained in connection with this contract. The contractor shall safeguard information of a confidential or sensitive nature.

Neither the contractor nor any of its contract HCPs shall disclose or cause to be disseminated any information concerning the operation of the MTF that could result in or increase the possibility of a breach in security or interrupt the continuity of operations or which breaches the requirements of the Federal Privacy Act of 1974.

However, the contractor may be required to provide testimony in legal or administrative procedures. Such participation must be consistent with the disclosure requirements imposed in this contract and coordinated with the contracting officer.

1.9.3 The Contractor shall be responsible for the security of all Soldier information.

1.9.4 Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions

1.9.5 The contract HCP under this contract shall have access to and/or process information requiring protection under the Privacy Act of 1974. These positions are considered “Automated Data Processing (ADP) Sensitive” positions. Compliance with DoD Directive 5200.2, DoD 5200.2-R, AR 25-2 and AR 380-67 (for Army), and applicable regulations for other services, is mandatory for ADP Sensitive positions.

1.9.6 Unless otherwise specified, all financial, statistical, personnel, and/or technical data which is furnished, produced or otherwise available to the contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of health care services under this contract. The contractor shall not release any of the above information without prior written consent of the KO. The contractor and contract HCPs shall prepare medical records, forms and documents as required, in accordance with the regulations and established guidelines listed in the contract and those established by the MTF commander.

1.9.7 U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S. Government.

These files/results must be surrendered to the COR.

1.9.8. Confidentiality / HIPAA. The Contractor HCP shall abide by AR 40-3 and AR 40-66 concerning the nature of limited privileged communication between patient and health care provider for security and personnel reliability programs. The Contractor HCP shall abide by AR 40-66 concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Drug and Alcohol Act, Public Law 92-129 and HIPAA. The Contractor HCP shall direct all requests for medical information on patients to the Chief, Patient Administration Division. The Contractor HCP shall not release any medical or personal information on a patient without first receiving written approval from the government.