Combined Synopsis Solicitation American - Unit of Issue Change.pdf
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- Attached to
- American Sign Language Services
- Solicitation number
- HT941026Q2020
- Issued by
-
Defense Health Agency
About this file
Request for Quotations Summary
This is a Combined Synopsis/Solicitation (RFQ) HT941026Q2020 issued by the Defense Health Agency (DHA) Healthcare Contracting Division-West for American Sign Language (ASL) Interpreter Services at U.S. Naval Hospital, Guam. The solicitation is for non-personal services under FAR Subpart 12.204 for commercial items, with a NAICS code of 541930 and size standard of $23M. This is not a small business set-aside.
The requirement spans five one-year periods from May 2, 2026, through May 1, 2031, with four contract line items (CLINs) per period. Each period includes three CLINs: (1) on-site ASL interpreter services to individuals covered under the American Disability Act (quantity 12 each), (2) short notice requests with 48-hour advance notice (quantity 12 each), and (3) short notice cancellations made less than 36 hours before the event (quantity 1 lot). All services are firm fixed price (FFP). Quotations must be submitted via email in PDF format to eddie.l.franklin.civ@health.mil and merlinda.m.labaco.civ@health.mil by 8:00 PM Eastern Daylight Time on April 20, 2026. Questions must be submitted by 8:00 PM Eastern Daylight Time on April 15, 2026. Award will be made to the responsible offeror with the lowest reasonable price and acceptable past performance, evaluated on an acceptable/unacceptable basis. Offerors must submit pricing using Attachment 1 and three years of recent and relevant past performance references using Attachment 2.
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CUI//PROCURE
NOTICE TO PROSPECTIVE OFFERORS
Combined Synopsis/Solicitation HT941026Q2020
American Sign Language Services for U.S. Naval Hospital, Guam
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in
Federal Acquisition Regulation (FAR) Subpart 12.204, Solicitation/Contract Form, in conjunction with
FAR Subpart 12.201 Solicitation Procedures, as supplemented with additional information included in this notice.
This announcement constitutes the only solicitation; offers/quotations are being requested, and a separate written solicitation will not be issued. Solicitation number HT941026Q2020 is issued as a Request for
Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2026-01 effective March 13th, 2026, and the Department of
War-specific class deviations. The North American Industry Classification System (NAICS) Code for this acquisition is 541930. The size standard is $23M. The Service Code for this requirement is R608. This acquisition is not a small business set aside. It is the responsibility of the contractor to be familiar with the applicable clauses and provisions.
This requirement is for non-personal services for the time periods listed in Contract Line-Item Numbers
0001 – 4001. The Defense Health Agency Contracting Activity (DHACA) Healthcare Contracting
Division-West (HCD-W) requests responses from qualified sources capable of providing the following:
All transportation, personnel, labor, tools, equipment, food products, supervision, and management necessary to provide American Sign Language Services at the US Naval Hospital, per the Performance
Work Statement embedded in Attachment 3.
Items required:
CLIN 0001: American Sign Language Interpreter Services
This requirement is to provide On-Site Sign Language (ASL) to individuals who fall under the American Disability Act through a qualified (ASL) Interpreter.
FFP
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2026 – May 1st, 2027
Quantity: 12
Unit of Issue: Each
CLIN 0002:
This requirement is to provide short notice requests (48 Hours)
Customer may be billed at the contract rate if appointments are made at least 48 hours prior to the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2026 – May 1st, 2027
Quantity: 12 Unit of Issue: Each
CLIN 0003
This requirement is for short notice cancellations made less than 36 hours before the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2026 – May 1st, 2027
Quantity: 1 Unit of Issue: Lot
CLIN 1001: American Sign Language Interpreter Services who fall under the American Disability Act through a qualified (ASL) Interpreter.
FFP
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2027 – May 1st, 2028
Quantity: 12
Unit of Issue: Each
CLIN 1002:
This requirement is to provide short notice requests (48 Hours)
Customer may be billed at the contract rate if appointments are made at least 48 hours prior to the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2027 – May 1st, 2028
Quantity: 12
Unit of Issue: Each
CLIN 1003
This requirement is for short notice cancellations made less than 36 hours before the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2027 – May 1st, 2028
CLIN 2001: American Sign Language Interpreter Services who fall under the American Disability Act through a qualified (ASL) Interpreter.
FFP
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2028 – May 1st, 2029
CLIN 2002:
This requirement is to provide short notice requests (48 Hours)
Customer may be billed at the contract rate if appointments are made at least 48 hours prior to the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2028 – May 1st, 2029
Quantity: 12
Unit of Issue: Each
CLIN 2003
This requirement is for short notice cancellations made less than 36 hours before the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2028 – May 1st, 2029
Quantity: 1 Unit of Issue: Lot
CLIN 3001: American Sign Language Interpreter Services
This requirement is to provide On-Site Sign Language (ASL) to individuals who fall under the American Disability Act through a qualified (ASL) Interpreter.
FFP
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2029 – May 1st, 2030
Quantity: 12
Unit of Issue: Each
CLIN 3002:
This requirement is to provide short notice requests (48 Hours)
Customer may be billed at the contract rate if appointments are made at least 48 hours prior to the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2029 – May 1st, 2030
Quantity: 12
Unit of Issue: Each
CLIN 3003
This requirement is for short notice cancellations made less than 36 hours before the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2029 – May 1st, 2030
Quantity: 1 Unit of Issue: Lot
CLIN 4001: American Sign Language Interpreter Services This requirement is to provide On-Site Sign Language (ASL) to individuals who fall under the American Disability Act through a qualified (ASL) Interpreter.
FFP
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2030 – May 1st, 2031
CLIN 4002:
This requirement is to provide short notice requests (48 Hours)
Customer may be billed at the contract rate if appointments are made at least 48 hours prior to the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2030 – May 1st, 2031
CLIN 4003
This requirement is for short notice cancellations made less than 36 hours before the event.
FFP.
Location: U.S, Naval Hospital, Guam
Period of Performance: May 2nd, 2030 – May 1st, 2031
This acquisition incorporates by reference the following FAR provisions and clauses:
52.202-1 Definitions (JUN 2020)
52.203-3 Gratuities (APR 1984)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Transactions (SEP 2024)
52.203-12 Limitation on Payments to Influence Certain Federal Transactions (JUN 2020)
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representations (JAN 2017)
52.204-7 System for Award Management (JAN 2026)
52.204-8 Annual Representations and Certifications (MAR 2026)
52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)
52.204-13 System for Award Management Maintenance (JAN 2026)
52.204-19 Incorporation by Reference of Representations and Certifications (DEC 2014)
52.204-90 Offeror Identification (JAN 2026)
52.204-91 Contractor Identification (JAN 2026)
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation (JAN 2026)
52.209-5 Certification Regarding Responsibility Matters (JAN 2026)
52.209-7 Information Regarding Responsibility Matters (JAN 2026)
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters (JAN 2026)
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (JAN 2026)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (JAN 2026)
52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Sep 2023)
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services (Nov 2023)
52.217-5 Evaluation of Options (JUL 1990)
52.223.10 Waste Reduction Program (MAR 2025)
52.223-23 Sustainable Products and Services (MAR 2025) 52.229-3 Federal, State, and Local Taxes (FEB 2026)
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.237-1 Site Visit (APR 1984)
52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) 52.245-1 Government Property
The following additional DFARS provisions, clauses, and deviations applicable to this acquisition are incorporated by reference:
252.201-7000 Contracting Officer’s Representative (DEC 1991)
252.203-7000 Requirements Relating to Compensation of Former DoD Officials (FEB 2026)
252.203-7002 Requirement to Inform Employees of Whistleblower Rights (FEB 2026)
252.203-7003 Agency Office of the Inspector General (AUG 2019)
252.203-7005 Representation Relating to Compensation of Former DoD Officials (FEB 2026)
252.204-7003 Control of Government Personnel Work Product (APR))
252.204-7004 Antiterrorism Awareness Training for Contractors (JAN 2023)
252.204-7007 Alternate A, Annual Representations and Certifications (OCT 2025)
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident.
Information (JAN 2023)
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting (MAY 2024)
252.204-7016 Covered Defense Telecommunications Equipment or Services Representation (DEC 2019)
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (MAY 2021)
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (JAN 2023)
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements (FEB 2026)
252.204-7020 NIST SP 800-171 DoD Assessment Requirements (FEB 2026)
252.204-7021 Cybersecurity Maturity Model Certification Requirements (FEB 2026)
252.204-7022 Expediting Contract Closeout FEB 2026)
252.225-7031 Secondary Arab Boycott of Israel (FEB 2026)
252.225-7050 Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism (FEB 2026)
252.225-7055 Representation Regarding Business Operations with the Maduro Regime (FEB 2026)
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime (FEB 2026)
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region– Representation (FEB 2026)
252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region
(FEB 2026)
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (FEB 2026)
252.232-7010 Levies on Contract Payments (FEB 2026) 252.243-7002 Requests for Equitable Adjustment (DEC 2022)
CLAUSES INCORPORATED BY FULL TEXT
52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(NOV 2021)
The provision at FAR 52.212-2, Evaluation-Commercial Items applies to this acquisition and is tailored as follows:
Addenda to FAR 52.212-2:
(a) The government will award a fixed price contract resulting from this solicitation to the responsible offeror/quoter whose offer/quotation conforming to the solicitation will be most advantageous to the Government, price and past performance considered. The following factors shall be used to evaluate offers/quotations:
(1) Price: The offerors’/quoters’ total price for all periods of performance. The offeror/quoter shall input their pricing on the Pricing Sheet at Attachment 1.
Past Performance: The offeror/quoter shall use Attachment 2 (Past Performance Questionnaire) to document 3 years of experience performing services that are the same or similar to those requested in the solicitation (RELEVANCE) within the past 5 years (RECENT). The 3-year requirement may require the offeror/quoter to submit more than one Attachment 2 if the offeror provided the services to more than one entity.
(2) to provide complete references for 3 years where you have provided RECENT and RELEVANT performance of the same or similar services required in this solicitation. Past performance will be evaluated based on information from references provided and from authorized Federal government past performance systems and resources, including the Contractor Performance Assessment Rating
System and will be rated “Acceptable” or “Unacceptable”.
(a) RECENT is defined as services performed within the last 3 years from the date of issuance of this
Request for Quotations.
(b) RELEVANT is defined as services provided that are the same as or similar to those specified in the Performance Work Statement. Past performance information not meeting the above criteria will not be used for evaluation.
BASIS FOR CONTRACT AWARD: This is a competitive selection in which competing offerors past and present performance history and demonstrated quality will be evaluated on an acceptable or unacceptable basis. By submission of its offer per the instructions provided in provision FAR 52.212-1, Instructions To Offerors, the offeror accedes to the terms of this solicitation and all such offers shall be treated equally except for their price and performance records. The evaluation and contract award process shall proceed as follows:
(a) Identify the company that submitted the lowest priced offer/quotation.
(b) Determine if the price submitted by that offeror/quoter is reasonable.
(c) If the submitted price of the low offeror/quoter is determined reasonable, evaluate that offerors’/quoters’ past performance. If the low offerors’/quoters’ past performance is acceptable, award the contract to that offeror/quoter.
(d) If not, continue the process until you arrive at the lowest price offeror, whose price is determined reasonable, and has a acceptable past performance rating.
file:///C:/Documents%20and%20Settings/eddie.franklin/Desktop/Projects%20from%20Mr.%20Franklin/far/FAR52.000.doc%23b522121
(b) Option. The Government will evaluate offers for award purposes by adding the total price for the options to the total price for the base year. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options does not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
The Government intends to award based on initial offers/quotation. Notwithstanding this intent, the
Contracting Officer reserves the right to conduct exchanges if it is within the best interest of the
Government, a matter within their discretion.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(MAR 2026) (Deviation)
(a) The contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C.
3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78
(19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or
Executive orders applicable to acquisitions of commercial products and commercial services:
(See ✓✓clauses below)
✓✓ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I
(Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
✓✓ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009
(Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and
Reinvestment Act of 2009.)
☐ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
✓✓ (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun
2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
☐ (6) [Reserved].
✓✓ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
✓✓ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct
2016) (Pub. L. 111-117, section 743 of Div. C).
✓✓ (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of
Division R of Pub. L. 117-328).
☐ (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title
II).
☐ (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec
2023) (Pub. L. 115–390, title II).
☐ (ii) Alternate I (Dec 2023) of 52.204-30.
✓✓ (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors
Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded. (Jan 2025)
(31 U.S.C. 6101 note).
☐ (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct
2018) (41 U.S.C. 2313).
☐ (14) [Reserved].
☐ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
☐ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct
2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
☐ (17) [Reserved]
✓✓ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-6.
☐ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
☐ (ii) Alternate I (Mar 2020) of 52.219-7.
☐ (20) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)).
☐ (21) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2025) (15 U.S.C. 637(d)(4)).
☐ (ii) Alternate I (Nov 2016) of 52.219-9.
☐ (iii) Alternate II (Nov 2016) of 52.219-9.
☐ (iv) Alternate III (Jun 2020) of 52.219-9.
☐ (v) Alternate IV (Jan 2025) of 52.219-9.
☐ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
☐ (ii) Alternate I (Mar 2020) of 52.219-13.
☐ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 657s).
☐ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
☐ (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned
Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
✓✓ (26) (i) 52.219-28, Post-award Small Business Program Re-representation (Jan 2025) (15 U.S.C.
632(a)(2)).
☐ (ii) Alternate I (Mar 2020) of 52.219-28.
☐ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged
Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
☐ (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
☐ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
☐ (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).
✓✓ (31) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
☐ (32) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2025) (E.O. 13126).
☐ (33) [Reserved].
☐ (34) (i) [Reserved].
☐ (ii) [Reserved].
✓✓ (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
☐ (ii) Alternate I (Jul 2014) of 52.222-35.
✓✓ (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
☐ (ii) Alternate I (Jul 2014) of 52.222-36.
✓✓ (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
✓✓ (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec
2010) (E.O. 13496).
✓✓ (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
☐ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
✓✓ (40) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
☐ (41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items
(May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
☐ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons
(May 2024) (42 U.S.C. 7671, et seq.).
☐ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air
Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
☐ (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
☐ (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
☐ (46) 52.223-23, Sustainable Products and Services (Mar 2025) (DEVIATION 2025-O0004) (7 U.S.C.
8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 76711)
☐ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
☐ (ii) Alternate I (Jan 2017) of 52.224-3.
☐ (48) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
☐ (ii) Alternate I (Oct 2022) of 52.225-1.
☐ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2023) (19 U.S.C.
3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-
283, 110-138, 112-41, 112-42, and 112-43.
☐ (ii) Alternate I [Reserved].
☐ (iii) Alternate II (Jan 2025) of 52.225-3.
☐ (iv) Alternate III (Feb 2024) of 52.225-3.
☐ (v) Alternate IV (Oct 2022) of 52.225-3.
☐ (50) 52.225-5, Trade Agreements (Nov 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
✓✓ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
☐ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. Subtitle A, Part V, Subpart G Note).
☐ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
☐ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42
U.S.C. 5150).
✓✓ (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024)
(E.O. 13513).
☐ (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
☐ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services
(Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
☐ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021)
(41 U.S.C. 4505, 10 U.S.C. 3805).
☐ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31
U.S.C. 3332).
☐ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management
(Jul 2013) (31 U.S.C. 3332).
☐ (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
☐ (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
✓✓ (63) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by
American Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-
31, 41 U.S.C. 3901 note prec.).
☐ (64) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
☐ (65) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46
U.S.C. 55305 and 10 U.S.C. 2631).
☐ (ii) Alternate I (Apr 2003) of 52.247-64.
☐ (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
✓✓ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
☐ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41
U.S.C. chapter 67).
☐ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
☐ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment
(May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
☐ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter
67).
☐ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
☐ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
☐ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
☐ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792).
☐ (10) 52.247-69, Reporting Requirement for U.S.-Flag Air Carriers Regarding Training to Prevent
Human Trafficking (Jan 2025) (49 U.S.C. 40118(g)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller
General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan
2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance
Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023)
(Pub. L. 115–390, title II).
(B) Alternate I (Dec 2023) of 52.204–30.
(viii) 52.219-8, Utilization of Small Business Concerns (Jan 2025) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) [Reserved].
(x) [Reserved].
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)
(E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.
13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter
67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for
Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (Jan 2025) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct
2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10
U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31
U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.240-1, Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American
Security Drone Act-Covered Foreign Entities (Nov 2024) (Sections 1821-1826, Pub. L. 118-31, 41
U.S.C. 3901 note prec.).
(xxvii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-
64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least 10 days before the contract expires.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor at least
10 days before contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 30 months.
(End of Clause)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
https://www.acquisition.gov/ https://www.acquisition.gov/dfars
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (NOV 2020)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the provision.
https://www.acquisition.gov/ https://www.acquisition.gov/dfars
(b) The use in this solicitation of any Defense Federal Acquisition Regulation Supplement (48 CFR
Chapter 2) provision with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation
Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the name of the regulation.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide
Area Workflow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic
Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation
Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving
Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
https://www.sam.gov/ https://wawf.eb.mil/
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based
Training Course and use the Practice Training Site before submitting payment requests through WAWF.
Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic
Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the
Contracting Officer.
2 IN 1 SERVICES ONLY
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance-based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0490
Issue By DoDAAC HT9410
Admin DoDAAC HT9410
Inspect By DoDAAC N/A
Ship To Code HT9410
Ship From Code N/A
Mark For Code N/A https://wawf.eb.mil/
Service Approver (DoDAAC) HT0654
Service Acceptor (DoDAAC) HT0654
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or
Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS
Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
Name of Acceptors/Department: Lynette C. Newby, Purchasing Agent, Materiel Management
Department
E-mail address of Acceptors: lynette.c.newby.civ@health.mil
Work Telephone Number of Acceptor: (671) 344-7325
(2) Contact the WAWF helpdesk at 866-618-5988 if assistance is needed.
The following Defense Health Agency (DHA) Procedures, Guidance, and Information (PGI) apply to this acquisition:
DHA PGI 211.106 PURCHASE DESCRIPTIONS FOR SERVICE CONTRACTS (April 4, 2014) mailto:lynette.c.newby.civ@health.mil
PROPER IDENTIFICATION OF CONTRACTOR PERSONNEL
1. Contractors, including subcontractors at all tiers, shall provide for a clear distinction from Government personnel. Contractor employees shall not act, advertise, or presume to be Government employees, agents, or representatives. Contractor employees are required to appropriately identify themselves as contractor employees at all times, including in telephone conversations, formal and informal written correspondence, paper and electronic, and in any other situation where their actions could be construed as acts of Government officials, unless, in the judgment of the Government, no harm can come from failing to identify themselves. Contractor employees shall be introduced as contractor personnel and always display distinguishing visible identification whether in conversations, meetings, or other forms of communication with Government personnel.
2. Contractor personnel, while performing in a contractor capacity, shall refrain from using their retired or reserve component military rank or title (if applicable) in written or verbal communications associated with the contracts for which they provide services.
3. The Contractor shall incorporate the substance of this requirement in all subcontracts awarded under this contract.
(End of requirements language)
DHA PGI 233.103-90 AGENCY LEVEL PROTESTS (March 22, 2020)
An interested party filing a protest with Defense Health Agency (DHA) has the option of requesting review by either the Contracting Officer (CO) or an independent review Official (IRO), who is a DHA official at a level above the CO. Alternately, an interested party may request IRO review as an appeal of the CO’s protest decision.
Where applicable, an interested party must clearly state in the protest that IRO review is requested, and must specify the nature of the independent review sought – whether as an alternative to CO review or as an appeal of the CO’s decision.
Regardless of which review is requested, all protests must be complete and submitted to the CO within the timeframes specified in FAR Subpart 33.1.
(End of DHA language)
The following DHA Standard Language applies to this acquisition:
Personally Identifiable Information, Protected Health Information, and Federal Information
Requirements
(Revised 10/27/2020)
1. General Requirements Overview - Personally Identifiable Information (PII), Protected Health
Information (PHI) and Federal Information Laws
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 Portability and Accountability Act
(HIPAA) as set forth in applicable statutes, implementing regulations and Department of Defense (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.
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.
DoD Privacy Act Issuances means the DoD issuances implementing the Privacy Act, which are DoDI
5400.11, DoD Privacy and Civil Liberties Programs, January 29, 2019, and DoDI 5400.11- R, Department of Defense Privacy Program, May 14, 2007.
HIPAA Rules means, collectively, the HIPAA Privacy, Security, Breach, and Enforcement Rules, issued by the U.S. Department of Health and Human Services (HHS) and codified at 45 Code of Federal
Regulations (CFR) Part 160 and Part 164, Subpart E (Privacy), Subpart C (Security), Subpart D (Breach) and Part 160, Subparts C-E (Enforcement), as amended.
Additional HIPAA rules regarding electronic transactions and code sets (45 CFR Part 162) are not addressed in this Section and are not included in the term HIPAA Rules.
DoD HIPAA Issuances means the DoD issuances implementing the HIPAA Rules in the DoD Military
Health System (MHS). These issuances are DoDM 6025.18, “Implementation of the Health Insurance
Portability and Accountability Act (HIPAA) Privacy Rule in DoD Health Care Programs,” March 13, 2019, DoDI 6025.18, Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule
Compliance in DoD Health Care Programs, March 13, 2019, and DoDI 8580.02, Security of Individually
Identifiable Health Information in DoD Health Care Programs, August. 12, 2015.
Defense Health Agency (DHA) Privacy Office is the DHA Privacy and Civil Liberties Office. The DHA
Privacy Office Chief is the HIPAA Privacy and Security Officer for DHA.
2. Records Management
When creating and maintaining official government records, the Contractor shall comply with all federal requirements established by 44 United States Code (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) and Records Management requirements outlined in the current TRICARE Operations
Manual (TOM).
http://www.dtic.mil/whs/directives
3. 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:
The Contractor shall inform beneficiaries that DHA FOIA procedures require a written request preferably sent via the National FOIA Portal at: www.FOIA.gov. However, requesters may also submit requests via email at DHA.FOIA@mail.mil; or via postal delivery addressed to the DHA Freedom of Information
Service Center, 7700 Arlington Boulevard, Suite 5101, Falls Church, Virginia 22042-5101. All FOIA requests 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. Contract and/or Modification numbers must be included in all FOIA requests seeking DHA procurement records. 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 and respond to DHA within ten working days.
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 FOIA shall be immediately forwarded to DHA, ATTENTION: Freedom of Information Officer, for appropriate action.
Direct contact, including interim replies, between TRICARE 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 8.1.6, relating to individual rights of access to PHI.
4. Systems of Records
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, Civil Liberties, and Transparency Division, and as required by the
DoD Privacy Act Issuances.
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, OMB…
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