8_Section_H_05-19-15.docx

SECTION H, SPECIAL CONTRACT REQUIREMENTS

1.0 Performance Guarantees:

1.1 Delays in completion of tasks under this contract have the potential to delay claims resolution, appeal determinations, and care reviews, and to adversely affect military treatment facility (MTF) accreditation, all of which can adversely affect TRICARE beneficiaries and providers of care. Accordingly, timeliness is critical for satisfactory contract performance. The performance guarantees described below are the contractor’s guarantee that the contractor’s performance meets the contract performance standards. Nothing in this Section shall deprive DHA of any other remedies available under law for defective or untimely performance of any requirement under this contract.

1.2. The contractor guarantees that performance will meet or exceed the contract standards as stated below. The contractor will be notified and reductions will be made on a quarterly basis if the contractor fails to achieve the performance standards below. For each occurrence the contractor fails to meet a guaranteed standard stated below, DHA will reduce the amount payable to the contractor on a future invoice; the CO will notify the contractor and provide an explanation prior to application of any performance guarantee(s). See Section G, Contract Administration, paragraph 6.6.9, Untimely Performance, for specific invoicing instructions when a performance guarantee applies.

1.2.1 Joint Commission ORYX® Hospital Quality Measures (Direct Care): (Section C, paragraph 6.3.3; Section B CLIN X004, SLIN X004AB). If the contractor fails to submit the Joint Commission ORYX® Hospital Quality Measures data by the due date identified in CDRL Q030, the contractor shall reduce its total invoice price by 10 percent of the quarterly Joint Commission fee for each business day data submission is late. For example: 0.10 x $14,580 (2015 Joint Commission quarterly fee) = $1,458 per day excluding weekends and federal holidays.

1.2.2 Medical Reviews: (Section C paragraph 6.5, Section B CLINs X009, X010, X011, X012, X014, X015, X016). If the contractor fails to deliver a review required under Section C, paragraph 6.5 (CDRLs R010, R020, R070 and R090) by the date specified, the contractor shall reduce its invoice price for each late medical review by 10% per day for each business day the review is late.

1.2.3 Nothing in this Section shall deprive DHA of any other remedies available under law for defective or untimely performance of any requirement under this contract.

1.2.4 The contractor shall accurately reflect any penalty deductions in its invoices.

2.0 GENERAL REQUIREMENTS OVERVIEW--PERSONALLY IDENTIFIABLE INFORMATION (PII), PROTECTED HEALTH INFORMATION (PHI) AND FEDERAL INFORMATION LAWS:

2.1 This section addresses the contractor’s requirements under the Privacy Act of 1974 (Privacy Act), the Freedom of Information Act (FOIA), and the Health Insurance Privacy and Accountability Act (HIPAA) as set forth in applicable statutes, implementing regulations and DOD issuances. In general, the contractor shall comply with the specific requirements set forth in this section and elsewhere in this contract. The contractor shall also comply with requirements relating to records management as described herein.

2.2 The contractor shall ensure that all employees, consultants, and subcontractors supporting the TQMC sign the DHA Form 49 DHA Contractor Non-Disclosure Agreement (CDRL R080) before performing any work. The contractor shall also ensure that all staff understand and adhere to the terms of the non-disclosure statement, protecting all HIPAA, PHI, PII, and procurement sensitive information of the Government and the proprietary information of other contractors.

2.3 This contract incorporates by reference the federal regulations and DOD issuances referred to in this section. If any authority is amended or replaced, the changed requirement is effective when it is incorporated under contract change procedures. Where a federal regulation and any DOD issuance govern the same subject matter, the contractor shall first follow the more specific DOD implementation unless the DOD issuance does not address or is unclear on that matter. DOD issuances are available at http://www.dtic.mil/whs/directives.

For purposes of this section, the following definitions apply.

2.4 Records Management: When creating and maintaining official government records, the contractor shall comply with all federal requirements established by 44 U.S.C. Chapters 21, 29, 31, 33 and 35, and by 36 CFR, Chapter XII, Subchapter B – Records Management. The contractor shall also comply with DOD Administrative Instruction No. 15 (DOD AI-15), OSD Records and Information Management Program (May 3, 2013).

2.5 Freedom of Information Act (FOIA): The contractor shall comply with the following procedures if it receives a FOIA request and immediately contact the DHA FOIA Officer for evaluation/action:

2.5.1 The contractor shall inform the requester that DHA FOIA procedures require a written request addressed to the DHA Freedom of Information Service Center, 7700 Arlington Boulevard, Suite 5101, Falls Church, Virginia 22042-5101 (or email requests addressed to FOIARequests@tma.osd.mil), and that the request shall describe the desired record as completely as possible to facilitate its retrieval from files and to reduce search fees which may be borne by the requestor. Although the administrative time limit to grant or deny a request (ten working days after receipt) does not begin until the request is received by DHA, the contractor shall act as quickly as possible.

2.5.2 In response to requests received by the contractor for the release of information, unclassified information, documents and forms which were previously provided to the public as part of routine services shall continue to be made available in accordance with previously established criteria. All other requests from the public for release of DHA records and, specifically, all requests that reference the Freedom of Information Act shall be immediately forwarded to DHA, ATTENTION: Freedom of Information Officer, for appropriate action. Direct contact, including interim replies, between DHA contractors and such requestors is not authorized. The contractor shall process requests by individuals for access to records about themselves in accordance with directions from the DHA Freedom of Information Service Center. If such a requestor specifically makes the request under the Privacy Act or does not make clear whether the request is made under FOIA or the Privacy Act, the contractor shall process the request in accordance with directions from the DHA Privacy Office. If requestor specifically seeks PHI under HIPAA, the contractor shall follow paragraph 2.10.1.6, relating to individual rights of access to PHI.

2.6 Systems of Records:

2.6.1 In order to meet the requirements of the Privacy Act and the DOD Privacy Act Issuances, the contractor shall identify to the DHA Contracting Officer (CO) systems of records that are or will be maintained or operated for DHA where records of PII collected from individuals are maintained and specifically retrieved using a personal identifier. Upon identification of such systems to the CO, and prior to the lawful operation of such systems, the contractor shall coordinate with the DHA Privacy Office to complete systems of records notices (SORNs) for submission and publication in the Federal Register as coordinated by the Defense Privacy and Civil Liberties Office, and as required by the DOD Privacy Act Issuances.

2.6.2 Following proper SORN publication and Government confirmation of contractor authority to operate the applicable system(s), the contractor shall also comply with the additional systems of records and SORN guidance, in coordination with the DHA Privacy Office, regarding periodic system review, amendments, alterations, or deletions set forth by the DOD Privacy Act Issuances, Office of Management and Budget (OMB) Memorandum 99-05, Attachment B, and OMB Circular A-130. The contractor shall promptly advise the DHA Privacy Office of changes in systems of records or their use that may require a change in the SORN.

2.7 Reserved

2.8 Data Sharing Agreement (DSA) (Applies if contract requirements involve PII/PHI or de-identified data that would be PII/PHI):

2.8.1 The contractor shall consult with the DHA Privacy Office to determine if the contractor must obtain a Data Sharing Agreement (DSA) or Data Use Agreement (DUA), when MHS data that is managed by DHA will be accessed, used, disclosed or stored, to perform the requirements of this contract. (The contractor shall comply with requests for additional documentation by the DHA Privacy Board when requesting PHI for research.)

2.8.2 In addition, the contractor shall submit any research requests for MHS data that include PHI to the DHA Privacy Board in order to be reviewed for HIPAA compliance. The contractor shall comply with the permitted uses established in a DSA/DUA to prevent the unauthorized use and/or disclosure of any PII/PHI, in accordance with the HIPAA Rules and the DOD HIPAA Issuances. Likewise, the contractor shall comply with the DOD Privacy Act Issuances.

2.8.3 To begin the data sharing request process, the contractor shall submit a Data Sharing Agreement Application (DSAA) to the DHA Privacy Office. If the application is approved, the requestor shall enter into one of the following agreements, depending on the data involved:

- DSA for De-Identified Data

- DSA for PHI

- DSA for PII Without PHI

- Data Use Agreement for Limited Data Set

2.8.4 DSAs are active for one year, or until the end of the current option year, whichever comes first. If the DSA will not be renewed, the contractor shall provide a Certificate of Data Disposition (CDD) to the DHA Privacy Office.

2.9 Privacy Act and HIPAA Training:

2.9.1 The contractor shall ensure that its entire staff, including subcontractors and consultants that perform work on this contract receive training on the Privacy Act, HIPAA, the Alcohol, Drug Abuse and Mental Health Administration (ADAMHA) Reorganization Act, 42 U.S.C. 290dd-2, and the ADAMHA implementing regulations, 42 CFR Part 2.

2.9.2 The contractor shall ensure all employees and subcontractors supply a certificate of all training completion to the Contracting Officer’s Representative (COR) within 30 days of being assigned and on an annual basis based on the trainee’s birth month thereafter.

2.10 HIPAA Business Associate Provisions:

2.10.1 Business Associate – General Provisions: The contractor meets the definition of Business Associate, and DHA meets the definition of a covered entity under the HIPAA Rules and the DOD HIPAA Issuances. Therefore, a Business Associate Agreement (BAA) between the contractor and DHA is required to comply with the HIPAA Rules and the DOD HIPAA Issuances. This paragraph serves as the required BAA. As a Business Associate, the contractor shall comply with the HIPAA Rules and the DOD HIPAA Issuances applicable to a business associate performing under this contract.

2.10.1.1 Catch-All Definition: The following terms used, but not otherwise defined in paragraph 2.10.1, shall have the same meaning as those terms have in the DOD HIPAA Issuances: Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices (NoPP), Protected Health Information (PHI), Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information (Unsecured PHI), and Use.

2.10.1.2 The contractor shall not use or further disclose PHI other than as permitted or required by the contract or as required by law.

2.10.1.3 The contractor shall use appropriate safeguards, and comply with the HIPAA Security Rule with respect to electronic PHI, to prevent use or disclosure of PHI other than as provided for by the contract.

2.10.1.4 The contractor shall report to DHA Privacy Office any breach of which it becomes aware, and shall proceed with breach response steps as required by paragraph 2.11. With respect to electronic PHI, the contractor shall also respond to any security incident of which it becomes aware in accordance with any information assurance provisions of this contract. If at any point the contractor becomes aware that a security incident involves a breach, the contractor shall immediately initiate breach response as required by paragraph 2.11.

2.10.1.5 In accordance with 45 CFR 164.502(e)(1)(ii)) and 164.308(b)(2), respectively, as applicable, the contractor shall ensure that any subcontractors that create, receive, maintain, or transmit PHI on behalf of the contractor agree to the same restrictions, conditions, and requirements that apply to the contractor with respect to such PHI.

2.10.1.6 With respect to individual rights of access to PHI, the contractor shall make available PHI in a designated record set to the individual or the individual’s designee as necessary to satisfy DHA’s obligations under the DOD HIPAA Issuances and the corresponding 45 CFR 164.524. If the contractor intends to deny the individual’s request, the contractor shall forward it (within seven working days of receipt) to the CO. The CO shall make a determination within 20 calendar days (50 calendar days for justified delays) of the request. The CO shall notify the individual, with a copy to the contractor, of any approved or denied access determinations and the reason for any denial. The individual may appeal the denial determination to the DHA Privacy Office.

2.10.1.7 The contractor shall make any amendment(s) to PHI in a designated record set as directed or agreed to by DHA, or take other measures as necessary to satisfy DHA’s obligations under the DOD HIPAA Issuances and the corresponding 45 CFR 164.526.

2.10.1.8 The contractor shall maintain and make available to the Government the information required to provide an accounting of disclosures to the MHS or to the individual as necessary to satisfy DHA’s obligations under the DOD HIPAA Issuances and the corresponding 45 CFR 164.528.

2.10.1.9 To the extent the contractor is to carry out one or more of DHA’s obligation(s) under the HIPAA Rules, the contractor shall comply with the requirements of the HIPAA Rules.

2.10.1.10 The contractor shall make its internal practices, books, and records available to the HHS Secretary for purposes of determining compliance with the HIPAA Rules.

2.10.2 General Use and Disclosure Provisions:

2.10.2.1 The contractor may only use or disclose PHI as necessary to perform the services set forth in this contract or as required by law. The Business Associate is not permitted to de-identify PHI under DOD HIPAA Issuances or the corresponding 45 CFR 164.514(a)-(c), nor is it permitted to use or disclose de-identified PHI, except as provided by the contract or directed by DHA. The contractor agrees to use, disclose and request PHI only in accordance with the HIPAA Privacy Rule “minimum necessary” standard and corresponding DHA policies and procedures as stated in the DOD HIPAA Issuances. The contractor shall not use or disclose PHI in a manner that would violate the DOD HIPAA Issuances or HIPAA Privacy Rules if done by the covered entity, except uses and disclosures for the contractor’s own management and administration and legal responsibilities or for data aggregation services as set forth in paragraphs 2.10.3.1 – 2.10.3.3.

2.10.3 Specific Use and Disclosure Provisions:

2.10.3.1 Except as otherwise limited in this section, the contractor may use PHI for the proper management and administration of the contractor or to carry out the legal responsibilities of the contractor. The foregoing authority to use PHI does not apply to disclosure of PHI, which is covered in the next paragraph.

2.10.3.2 Except as otherwise limited in paragraph 2.10.3, the contractor may disclose PHI for the proper management and administration of the contractor or to carry out the legal responsibilities of the contractor, provided that disclosures are required by law, or the contractor obtains reasonable assurances from the person to whom the PHI is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purposes for which it was disclosed to the person, and the person notifies the contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

2.10.3.3 Except as otherwise limited in this section, the contractor may use PHI to provide Data Aggregation services relating to DHA’s health care operations.

2.10.4 Contractor Compliance with DHA Notices and Restrictions:

2.10.4.1 DHA will provide the contractor with the notice of privacy practices that DHA produces in accordance with the DOD HIPAA Issuances and the corresponding 45 CFR 164.520.

2.10.4.2 Upon notification by DHA of any changes in, or revocation of, permission by an individual to use or disclose his or her PHI, the contractor shall comply to the extent that such changes may affect the contractor’s use or disclosure of PHI.

2.10.4.3 Upon notification by DHA, the contractor shall comply with any restriction on the use or disclosure of PHI that the Government has agreed to or is required to abide by under the DOD HIPAA Issuances or the corresponding 45 CFR 164.522 , to the extent that such restriction may affect contractor’s use or disclosure of PHI.

2.10.5 Permissible Requests by DHA:

2.10.5.1 The Government will not request the contractor to use or disclose PHI in any manner that would not be permissible under the HIPAA Rules or any applicable Government regulations (including without limitation, DOD HIPAA Issuances) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the contractor as otherwise permitted by this contract.

2.10.6 Termination:

2.10.6.1 Effect of Noncompliance:

Noncompliance by the contractor (or any of its staff, agents, or subcontractors) with any requirement in these HIPAA Business Associate Provisions (paragraph 2.10) may subject the contractor to termination under any applicable default or other termination provision of this contract.

2.10.6.2 Effect of Termination:

2.10.6.2.1 If this contract has records management requirements, the contractor shall handle such records in accordance with the records management requirements. A transfer of records to a successor contractor or to DHA shall be handled in accordance with DHA direction. If contract provisions are available, DHA may defer to such contract provisions. In this case the contractor shall handle such records and information in accordance with the contract provisions.

2.10.7 Miscellaneous:

2.10.7.1 Survival: The obligations of the contractor under the “Effect of Termination” provision of this paragraph 2.11 shall survive the termination of this contract.

2.10.7.2 Interpretation: Any ambiguity in this contract shall be interpreted in a manner to permit compliance with the HIPAA Rules and the DOD HIPAA Issuances.

2.11 Breach Response:

2.11.1 In the event of a breach of PII/PHI by the contractor, the contractor shall follow the breach response requirements set forth in this paragraph, which are designed to satisfy both the Privacy Act and HIPAA as applicable. If a breach involves only PII, then the contractor shall comply with DOD Privacy Act Issuance breach response requirements only; if a breach involves PHI (a subset of PII), then the contractor shall comply with both Privacy Act and HIPAA breach response requirements. A breach involving PHI may or may not constitute an HHS Breach. If a breach is not an HHS Breach, then the contractor has no HIPAA breach response obligations. In such cases, the contractor must still comply with breach response requirements under the DOD Privacy Act Issuances.

2.11.2 If the DHA Privacy Office determines that a breach is an HHS Breach, then the contractor shall comply with both the HIPAA Breach Rule and DOD Privacy Act Issuances, as directed by the Privacy Office, regardless of whether the breach occurs at DHA or at one of the Service components. If the Privacy Office determines that the breach does not constitute an HHS Breach, then the contractor shall comply with DOD Privacy Act Issuances, as directed by the Privacy Office.

2.11.3 The following provisions of this paragraph set forth the Contractor’s Privacy Act and HIPAA breach response requirements for DHA breaches, including but not limited to HHS breaches. The contractor shall comply with all breach response requirements set forth in this paragraph. In general, for breach response, the contractor shall report the breach to the Government, assess the breach incident, notify affected individuals, and take mitigation actions as applicable. Because DOD defines “breach” to include possible (suspected) as well as actual (confirmed) breaches, the contractor shall implement these breach response requirements immediately upon the contractor’s discovery of a possible breach.

2.12 Reporting Provisions:

2.12.1 The contractor shall report the breach within one hour of discovery to the US Computer Emergency Readiness Team (US CERT), and, within 24 hours of discovery, to the DHA Privacy Office, and the other parties set forth below. The contractor is deemed to have discovered a breach as of the time a breach (suspected or confirmed) is known, or by exercising reasonable diligence would have been known, to any person (other than the person committing it) who is an employee, officer or other agent of the contractor.

2.12.2 The contractor shall submit the US-CERT report using the online form at https://forms.us-cert.gov/report/. Before submission to US-CERT, the Contractor shall save a copy of the on-line report. After submission, the contractor shall record the US-CERT Reporting Number. Although only limited information about the breach may be available as of the one hour deadline for submission, the contractor shall submit the US-CERT report by the deadline. The contractor shall e-mail updated information as it is obtained, following the instructions at http://www.us-cert.gov/pgp/email.html. The contractor shall provide a copy of the initial or updated US-CERT report to the DHA Privacy Office and the applicable Service-Level Privacy Office, if requested by either. Contractor questions about US-CERT reporting shall be directed to the DHA Privacy Office, not the US-CERT office.

2.12.3 The CDRL R100, Breach Report (DD Form 2959) shall be submitted within 24 hours at the Breach Response page on the DHA Privacy Office web site and emailing that form to the DHA Privacy Office, the DHA CO and COR, and the DHA Program Office (or Service-Level Privacy Office) applicable to the contractor. For the applicable Program Office, the contractor shall e-mail the notice to its usual Point of Contact (POC) unless the POC specifies another addressee for breach reporting. Encryption is not required, because Breach Report Forms should not contain PII/PHI. The email address for notices to the DHA Privacy Office is provided at the Privacy Office website breach response page. If electronic mail is not available, telephone notification is also acceptable, but all notifications and reports delivered telephonically must be confirmed by email as soon as technically feasible.

2.12.4 If multiple beneficiaries are affected by a single event or related set of events, then a single reportable breach may be deemed to have occurred, depending on the circumstances. The contractor shall inform the DHA Privacy Office as soon as possible if it believes that “single event” breach response is appropriate; the DHA Privacy Office will determine how the contractor shall proceed and, if appropriate, consolidate separately reported breaches for purposes of contractor report updates, beneficiary notification, and mitigation. The corresponding CDRL R100, Breach Report, provides further guidance on completing and updating the Breach Report Form.

2.12.5 When a Breach Report Form initially submitted is incomplete or incorrect due to unavailable information, or when significant developments require an update, the contractor shall submit a revised form or forms, stating the updated status and previous report date(s) and showing any revisions or additions in red text. Examples of updated information the contractor shall report include, but are not limited to: confirmation on the exact data elements compromised, the root cause of the incident, and any mitigation actions to include, sanctions, training, incident containment, follow-up, etc. The contractor shall submit these report updates promptly after the new information becomes available. Prompt reporting of updates is required to allow the DHA Privacy Office to make timely final determinations on any subsequent notifications or reports. The contractor shall provide updates to the same parties as required for the initial Breach Report Form. The contractor is responsible for reporting all information needed by the DHA Privacy Office to make timely and accurate determinations on reports to HHS as required by the HHS Breach Rule and reports to the Defense Privacy and Civil Liberties Office as required by DOD Privacy Act Issuances.

2.12.6 In the event the contractor is uncertain on how to apply the above requirements, the contractor shall consult with the CO, who will consult with the Privacy Office as appropriate when determinations on applying the above requirements are needed.

2.13 Individual Notification Provisions:

2.13.1 If the Privacy Office determines that individual notification is required, the contractor shall provide written notification to individuals affected by the breach as soon as possible, but no later than 10 working days after the breach is discovered and the identities of the individuals are ascertained. The 10 day period begins when the contractor is able to determine the identities (including addresses) of the individuals whose records were impacted.

2.13.2 The contractor’s proposed notification to be issued to the affected individuals shall be submitted to the parties to which reports are submitted under paragraph 2.12 for their review, and for approval by the DHA Privacy Office. Upon request, the contractor shall provide the DHA Privacy Office with the final text of the notification letter sent to the affected individuals. If different groups of affected individuals receive different notification letters, then the contractor shall provide the text of the letter for each group. (PII shall not be included with the text of the letter(s) provided.) Copies of further correspondence with affected individuals need not be provided unless requested by the Privacy Office. The contractor’s notification to the individuals, at a minimum, shall include the following:

2.13.2.1 The individual(s) must be advised of what specific data was involved. It is insufficient to simply state that PII has been lost. Where names, Social Security Numbers (SSNs) or truncated SSNs, and Dates of Birth (DOBs) are involved, it is critical to advise the individual that these data elements potentially have been breached.

2.13.2.2 The individual(s) must be informed of the facts and circumstances surrounding the breach. The description should be sufficiently detailed so that the individual clearly understands how the breach occurred.

2.13.2.3 The individual(s) must be informed of what protective actions the contractor is taking or the individual can take to mitigate against potential future harm. The notice must refer the individual to the current Federal Trade Commission (FTC) web site pages on identity theft and the FTC’s Identity Theft Hotline, toll-free: 1-877-ID-THEFT (438-4338); TTY: 1-866-653-4261.

2.13.2.4 The individual(s) must also be informed of any mitigation support services (e.g., one year of free credit monitoring, identification of fraud expense coverage for affected individuals, provision of credit freezes, etc.) that the contractor shall offer affected individuals, the process to follow to obtain those services and the period of time the services will be made available, and contact information (including a phone number, either direct or toll-free, e-mail address and postal address) for obtaining more information.

2.13.3 The contractor shall ensure any envelope containing written notifications to affected individuals are clearly labeled to alert the recipient to the importance of its contents, e.g., “Data Breach Information Enclosed,” and that the envelope is marked with the identity of the contractor and/or subcontractor organization that suffered the breach. The letter must also include contact information for a designated POC to include, phone number, email address, and postal address.

2.13.4 If the contractor determines that it cannot readily identify, or will be unable to reach, some affected individuals within the 10 day period after discovering the breach, the contractor shall so indicate in the initial or updated Breach Report Form. Within the 10 day period, the contractor shall provide the approved notification to those individuals who can be reached. Other individuals must be notified within 10 days after their identities and addresses are ascertained. The contractor shall consult with the DHA Privacy Office, which will determine the media notice most likely to reach the population not otherwise identified or reached. The contractor shall issue a generalized media notice(s) to that population in accordance with Privacy Office approval.

2.13.5 The contractor shall, at no cost to the government, bear any costs associated with a breach of PII/PHI that the contractor has caused or is otherwise responsible for addressing.

2.13.6 Breaches are not to be confused with security incidents (often referred to as cyber-security incidents when electronic information is involved), which may or may not involve a breach of PII/PHI. In the event of a security incident not involving a PII/PHI breach, the contractor shall follow applicable DOD Information Assurance requirements under its contract. If at any point the contractor finds that a cyber-security incident involves a PII/PHI breach (suspected or confirmed), the contractor shall immediately initiate the breach response procedures set forth herein. The contractor shall also continue to follow any required cyber-security incident response procedures to the extent needed to address security issues, as determined by DOD/DHA.

3.0 PERSONNEL SECURITY ADP/IT REQUIREMENTS & COMMON ACCESS CARD (CAC) INSTRUCTIONS:

The contractor shall follow the requirements set forth in Section J, Attachment J-22, Personnel Security and ADP/IT and CAC Instructions, for obtaining the necessary security level and CACs.

4.0 IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST:

DFARS 252.203-7000, Requirements Relating to Compensation of Former DOD Officials (Sep 2011)

(a) Definition. “Covered DOD official,” as used in this clause, means an individual that—

(1) Leaves or left DOD service on or after January 28, 2008; and

(2) (i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served—

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DOD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DOD official within 2 years after the official leaves DOD service; without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DOD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).

(End)

4.1 The Contractor will participate in the evaluation of the services of other companies. To avoid conflicts which may create bias ground rules, impair the Contractor’s objectivity, or give the Contractor an unfair competitive advantage, it is agreed that the Contractor is precluded from award of any supply or service contract or subcontract related said evaluation of services. This restriction shall be effective for the life of the contract.

5.0 CONTRACTOR MANPOWER REPORTING:

Enterprise-Wide Contractor Manpower Reporting Application (eCMRA). Annually, the contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for DHA via a secure data collection site. The contractor is required to completely fill in all required data fields at http://www.ecmra.mil/. Data will be for the labor executed during the period of performance for the fiscal year (FY), which runs October 1 through September 30. While data may be reported any time during the FY, the contractor shall report all data no later than October 31 of each calendar year, beginning with 2016. Contractors may direct questions to the eCMRA Help Desk at: http://www.ecmra.mil.

6.0 NON-PERSONAL SERVICES: In accordance with FAR 37.104, the Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are personal services in nature or give the perception of personal services. If the contractor believes a task to be a personal service, the contractor shall immediately notify the CO in writing.

7.0 INHERENTLY GOVERNMENTAL FUNCTIONS: The contractor shall not perform services that provide inherently governmental functions. In performing the tasks of this PWS, the contractor shall immediately stop work and notify the Contracting Officer in writing regarding situations where the contractor believes DHA has tasked the contractor to perform an inherently governmental function as defined by FAR 7.5.

8.0 TRAVEL:

8.1 If the CO directs the contractor to travel, the contractor is responsible for arranging all travel, transportation, meals, lodging, and incidentals. Travel costs will be allowable in accordance with FAR 31.205-46, Travel Costs. The contractor shall utilize the most cost-effective commercial transportation sources and carriers.

8.1.1 The Government shall review certify and approve travel costs.

8.2 The majority of the travel required for TQMC is related to the Global Trigger Tool, the Joint Commission ORYX® Core measures data collection, and the performance of clinical quality improvement studies. The contractor may travel to approximately 60 percent of the inpatient MTFs one time per quarter and may visit 25 percent of inpatient MTFs three times per quarter. Travel for the quality review studies depends on the study topic, the type of study and the availability of electronic health record data.

8.2.1 At the majority of MTFs, the initiation of remote access will not involve travel. However, full implementation of remote inpatient medical record access may initially require the monthly on-site visits to fewer than seven sites. The GTT requires monthly data collection, while the JC ORYX® data collection may require monthly or quarterly data collection, depending upon the volume of files required for abstraction. Despite remote access capabilities, quality improvement studies may require on-site visits for records abstraction if the required documents are not available in an electronic format.

8.3 Travel Outside of the US: The CO may require the contractor to travel to destinations outside of the United States. The contractor shall ensure that assigned participants obtain valid passports, country clearances, and immunizations to support project activities.

(END OF SECTION)

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