IDIQ Basic Japan PWS-02.23.2026.pdf

PERFORMANCE WORK STATEMENT

1. Introduction

1.1. Background: The Defense Health Agency (DHA) is a joint, integrated Combat Support Agency that enables the Army, Navy, and Air Force medical services to provide a medically ready force to Combatant Commands in both peacetime and wartime. The DHA uses the principles of Ready Reliable Care to advance high reliability practices across the Military Health System by improving our system operations, driving innovative solutions, and cultivating a culture of safety.

1.2. Objective: Provide a strategic sourcing acquisition program for Medical Q Coded services outside the continental United States (OCONUS), including but not limited to, Military Treatment Facilities (MTFs) in the Indo-Pacific Command/Pacific Rim Command (INDOPACOM/PAC-RIM) regions, such as MTFs in Japan and Korea. This is designed to implement a performance-based, strategic sourcing acquisition approach with respect to entering into Firm Fixed-Price (FFP), Indefinite Delivery Indefinite Quantity (IDIQ) contracts and task orders for the services of health care professional staff.

1.3. Scope: The required services include credentialed (privileged and non-privileged) and non-credentialed contract workers in various labor categories (see Technical Exhibit 4) in support of mission requirements within including, but not limited to hospitals, clinics, dental facilities, health activities, and satellite locations. Department of Defense performance locations include but are not limited to those identified in Technical Exhibit 3.

1.4. DHA estimates awarding five (5) separate single-award IDIQ contracts.

1.4.1. Each IDIQ is expected to be awarded under different periods of performance start dates and each will provide a separate labor segment: direct patient services providers, mental health, nursing services, medical support and dental services (see projected IDIQ’s below).

• IDIQ #1: Direct Patient Service Providers

• IDIQ #2: Mental Health

• IDIQ #3: Nursing Services

• IDIQ #4: Medical Support

• IDIQ #5: Dental Services

1.4.2. The scope does not include the following services: Advisory and Assistance (A&AS); Information Technology (IT); Hospital Environmental Cleaning (HEC); Nonprofessional Medical Services (NPMS), which are coded as R services in the Product and Services Code (PSC) manual; or TRICARE Health Plan (THP).

1.5. Description of Services: The Contractor shall recruit, qualify, manage, maintain, and provide qualified medical contract staff in direct patient care, associated support services or health activities, as well as conduct analytical support to geographical networks and/or individual places of performance (i.e., medical or dental facilities). When necessary, the Contractor shall provide all required tools and materials, in accordance with (IAW) the terms and conditions of this contract and/or any resulting order.

1.5.1. The required services may be procured under a personal or non-personal services arrangement (see definitions).

1.5.2. The required services may be centralized to support a collection of requirements via a network based or enterprise-based buying approach or decentralized in support of an individual place of performance (medical facility).

1.5.3. The required services include Type I (see definition) configuration services.

1.5.4. The services provided under this contract are grouped in five labor segments procured under Product Service Codes (PSC) as listed in the most current version of the Product Service Codes manual found at https://www.acquisition.gov/psc-manual and listed in Table 1 from Q201 to Q802: See Table 1.

https://www.acquisition.gov/psc-manual

Table 1: Product Service Codes Planned IDIQ PSC Certified Medical Support Certified Services

Direct Patient Service Providers

Q501-533 Medical-Medical/Surgical Anesthesiology; Cardiology; Dentistry;

Dermatology; Gastroenterology; Obstetrics and Gynecology; Hematology and Oncology; Family and Internal Medicine Services; Neurology; Radiology etc.

Mental Health Q519 All inpatient and outpatient clinical and mental health professionals.

Psychiatrists, Clinical Psychologists, Advanced Practice Registered Nurses/Nurse Practitioners (certified in psychiatric/mental health), Certified Drug and Substance Counselor, Marriage and Family Counselor, etc.

Mental Health

Q528 Clinical social work for mental health treatment and substance abuse treatment.

Licensed Clinical Social Workers, Social Workers in Case Management, and clinical social work for mental health treatment and substance abuse treatment.

Nursing Services Q401- Q403

Medical- Nursing/Nursing Home/Evaluation/Screening

Medical Nursing; Medical Nursing Home, Long-Term, and Adult Day Care Services.

Medical-Evaluation and Screening Services

Medical Support Q201 Medical - Managed Healthcare Inpatient, outpatient, and ambulatory procedure, coders and auditors; coding trainers, compliance coders

Medical Support Q301 Medical Reference Laboratory Testing

Includes: All services performed in a reference laboratory. Services can be comprehensive or specific and generally include the following: blood counts, coagulation, clinical biochemistry, histopathology, cytopathology, molecular diagnostics, genetic testing, drug testing, etc.

Medical Support Q601 Medical Coding & Auditing Inpatient, outpatient, and ambulatory procedure coders and auditors; coding trainers, compliance coders

Medical Support Q602 Medical Records Records technicians Medical Support Q603 Medical

Transcription/Specialized/Technical Medical Support

Transcriptionists, Specialized/Technical Services

Medical Support Q701 Specialized Medical Support Medical billing, third party liability, tumor registrar, referral management, medical evaluation board

Medical Support Q702 Technical Medical Support/Clerical Medical Support

Medical logistics, biomedical equipment, occupational/public health, medical supply, medical readiness, Clerical Services

Medical Support Q801 Medical Appointing Services Schedulers, appointment clerks Medical Support Q802 Clerical Medical Support Office/ward clerks, admission & disposition, medical secretaries, healthcare program assistants

Medical Support Q503 Dental Services Family/General Dentists, pediatric dentistry, endodontist, periodontist, prosthodontist, oral & maxillofacial pathologist, oral and maxillofacial surgeon, oral surgery technicians, dental hygienist, dental assistants, and dental laboratory technicians

*This list of PSCs is not all inclusive. Specific PSCs not included on this list may be identified at the task order level.

1.5.4.1. IDIQ #1 Direct Patient Service Providers: Services provided by primary and specialty care physicians who deliver routine, preventive, and specialty care services to patients. Services provided by contract workers who deliver patient treatment or assist in the provision of patient treatment and clinical support staff such as medical assistants.

1.5.4.2. IDIQ #2 Mental Health: All inpatient and outpatient clinical and mental health professionals including social workers, counselors and nurses primary engaged in mental healthcare delivery.

1.5.4.3. IDIQ #3 Nursing Services: Services provided by contract workers include, but are not limited to, registered and/or licensed nursing personnel including all types of registered and advanced practice nurses as well as practical and vocational nurses. Technicians and assistants working in nursing services are considered in the Ancillary Services labor segment.

1.5.4.4. IDIQ #4 Medical Services: Services provided by contract workers include, but are not limited to, certified, specialized/technical, and administrative/clerical labor categories.

1.5.4.5. IDIQ #5 Dental Services: Services provided by contract workers who deliver dental care include, but are not limited to, general dentists and dental specialists, dental hygienists, dental assistants, and dental lab technicians.

1.6. General Information

1.6.1. Government Key Personnel. The following personnel are considered key Government personnel for the contract:

1.6.1.1. Contracting Officer (CO): The only individual with the authority to enter into, administer, and or terminate the contract, and make related determinations and findings on behalf of the Government regarding the contract.

1.6.1.2. Contracting Officer Representative (COR): A government employee designated in writing by a CO to act as the CO's technical liaison for monitoring and administering a contract.

1.6.1.3. As applicable, the Government will identify additional key personnel at the time of order placement.

1.6.2. Hours of Operation. The Contractor shall provide required services in accordance with the hours of operation identified at the time of order placement.

1.6.3. Work Schedule: The contract worker schedule will be identified at the time of order placement. Contract work schedules may include duty hours, on-call hours, and/or overage hours. Contract work schedules may require shift work and roster submission requirements.

1.6.3.1. Overage hours are only available under a Type I configuration for continuity of care requirements, surge purposes, or when required to return to the facility when not recording duty hours. The Contractor is responsible for managing contract worker compensation rates applicable at the time and location of the specific overage hour use. Unless the task order provides otherwise, the Contractor’s rates for overage hours will be the same as for duty hours.

1.6.3.2. Off-Site Performance Scheduling. When the Contractor will perform services under this contract off-site (non-personal services), the Contractor shall follow their work schedules as outlined in their staffing model at the time of order placement.

1.6.4. Contract Worker Required Start Date: The Contractor shall meet the contract worker required start date identified at the time of order placement.

1.6.5. Competency-Based Interviews. Competency-based interviews may be utilized under this contract. The Government will identify the usage of competency-based interviews at the time of order placement.

1.6.6. Recognized Holidays. Contract workers may be required to work on federally recognized holidays. Observed holidays, if different than below, will be identified at the time of order placement.

• New Year's Day: January 1

• Martin Luther King, Jr.'s Birthday: Third Monday in January

• Washington's Birthday (Presidents' Day): Third Monday in February

• Memorial Day: Last Monday in May

• Juneteenth National Independence Day: June 19

• Independence Day: July 4

• Labor Day: First Monday in September

• Columbus Day: Second Monday in October

• Veterans Day: November 11

• Thanksgiving Day: Fourth Thursday in November

• Christmas Day: December 25

1.6.7. Planned Closures. The Government will identify planned closures at the time of order placement. The Contractor shall account for these planned closures in their fully burdened hourly rates; planned closures days are not billable to the Government.

1.6.8. Unplanned Closures. The Government will determine whether the closure of the facility is an unplanned closure. During an unplanned closure, (i.e.: No electricity, Hurricane, Blizzard, lapse in appropriations, etc.) the Contractor may be authorized payment for scheduled contract worker hours, when the closure of the Government’s facility impacts the contract worker’s ability to perform services at the Government’s facility for up to 14 pre-scheduled workdays. The terms and conditions of the contract and task order shall govern payment.

1.6.9. Essential Contractor Services. Services under this contract may include essential Contractor services and/or mission-essential functions. The Government will identify essential Contractor services and/or mission essential functions at the time of order placement, if applicable.

1.6.10. Peer Review. The Government may require contract workers to participate in peer review(s) and other staff requirements such as process improvement initiatives at place of performance.

1.6.11. Telework Arrangements. Contract workers may be authorized to perform services under this contract via a teleworking arrangement. The Government will determine if the services needed can be performed under a telework arrangement and the contractor shall identify the terms and conditions for the Government’s approval for the telework arrangement at the time of order placement.

1.6.12. Relocation Costs. Reimbursement of relocation costs are required to conform to the following paragraphs.

Additional requirements may be included at the time of order placement.

1.6.12.1. Relocation of contractor personnel may be required to support mission requirements. However, relocation cost reimbursement is not guaranteed entitlement. Reimbursement shall only be authorized if explicitly stipulated in an individual Task Order.

1.6.12.2. If authorized, relocation expenses will be identified under a separate, cost-reimbursable Contract Line-Item Number (CLIN). Reimbursement will be for actual costs, with limitations set forth in FAR 31.205-46, Travel Costs. While the Joint Travel Regulation (JTR) will serve as the standard for reasonableness, all reimbursement is governed by the FAR. All relocation costs must be approved in advance by the Contracting Officer's Representative (COR).

1.6.12.3. Profit and G&A: Profit shall not be applied to relocation costs. The Contractor may apply General & Administrative (G&A) expenses to relocation costs in accordance with its accepted accounting practices as permitted by FAR 31.2.

1.6.12.4. Contractor Policy: The Contractor shall provide its corporate relocation and travel policy to the Government for review upon request. All reimbursement requests must be in accordance with the Contractor's approved policy.

1.6.12.5. Initial Relocation to OCONUS - Upon the employee's commencement of services, the Contractor shall submit a complete invoice to the COR detailing the total authorized relocation costs. The Government will reimburse these costs in quarterly increments contingent upon the employees’ satisfactory performance.

The reimbursement schedule is as follows:

Service Period Completed Cumulative Reimbursement Authorized

3 Months 25% of Total Relocation Costs

6 Months 50% of Total Relocation Costs

9 Months 75% of Total Relocation Costs

12 Months 100% of Total Relocation Costs

1.6.12.6. Return Relocation to the United States: Return relocation costs may be authorized if specified in the Task Order and only after the employee has successfully completed a minimum of 15 months of continuous, satisfactory performance.

Service Period Completed Cumulative Reimbursement Authorized

15 Months 25% of Total Relocation Costs

18 Months 50% of Total Relocation Costs

21 Months 75% of Total Relocation Costs

24+ Months 100% of Total Relocation Costs

1.6.12.7. Exclusions and Special Conditions

1.6.12.7.1. Minimum Service Requirement: The Government will not provide any reimbursement for relocation costs if a contract employee fails to complete at least three (3) months of service. This applies to terminations of any kind (voluntary or involuntary), failure to obtain a favorable background check, or denial of clinical privileges.

1.6.12.7.2. Contractor Assumes Risk: The Contractor is explicitly cautioned against initiating the relocation of an employee prior to receiving formal Government approval for that individual to begin services. Any costs incurred before such approval are at the Contractor's sole financial risk.

1.6.12.7.3. Termination for Convenience: If a Task Order is terminated for the Government's convenience, or if the period of performance does not permit the fulfillment of the above service timeframes, relocation costs may be subject to negotiation between the Contractor and the Contracting Officer.

1.6.13. Emergency Healthcare. The Government may provide emergency health care for injuries or life-threatening medical emergencies to contract workers while on duty. The Contractor shall reimburse the Government for the emergency medical care unless the worker is both a beneficiary who is entitled to Government healthcare services and the emergency health care for injuries or life-threatening medical emergencies is not covered by the required workers’ compensation insurance or other health insurance.

1.6.14. Workplace Hazard Notifications. The Government will identify work hazards at time of order placement.

The Contractor shall notify the Government if a work hazard at the place of performance may prevent contract workers from providing services. The Government may authorize an alternate work environment, when available and deemed necessary.

1.6.15. Medical Tests. The Government will perform the following medical tests: post blood borne exposure protocols after exposure, occupational exposure programs such as the Thermoluminescent Dosimetry (TLD) monitoring program, or N-95 mask fitting as required per policy. Additional tests may be provided at the

Government’s discretion.

1.6.16. Contractor Employee Status. The Government will not determine whether a contract worker provided under this contract would be classified by the Contractor as an “independent Contractor” or an “employee” for federal tax purposes. This determination is made solely by the Contractor. If the Contractor’s determination is challenged by an external agency, this shall be a matter to be resolved between the Contractor, the Internal Revenue Service (IRS), and the contract worker.

1.6.17. Contract Worker Removal. The Government may direct the immediate removal of any contract worker who demonstrates a health, safety, Health Insurance Portability and Accountability Act (HIPAA) violation, or mission risk. In the event the Government directs the removal of a contract worker, the Government may direct the submission of a corrective action plan. The Government may issue a stop work order while the Contractor responds, Contractor's implementation of the plan, and/or any Government investigation is pending.

1.6.18. Reserved

1.6.19. Quality Assurance. The Government will assess performance under this contract IAW the Government’s Quality Assurance Surveillance Plan (QASP). The QASP is a Government document that provides a systematic method of monitoring contract performance to include how the performance standards in Technical Exhibit 1, Key Performance Summary, will be surveilled and the frequency of surveillance. The QASP is a tool for use in Government administration of the PWS and remains subject to revision, at any time, by the Government throughout the life of the contract.

1.6.19.1. The Government may establish a supplemental QASP focused on monitoring contract performance on an order under the contract.

1.6.20. Confidentiality of Information. All financial, statistical, personnel, and technical data furnished, produced, or otherwise available to the Contractor during the performance of this contract are considered Government data and shall not be used for purposes other than performance of work under this contract. The Contractor shall establish appropriate administrative, technical, and physical safeguards to ensure the confidentiality, integrity, and availability of Government data in compliance with all applicable laws and regulations, including data breach reporting and response requirements, IAW Federal Regulation (FAR) Part 24. The Contractor or contract worker shall not use patient care rendered pursuant to this contract as part of a study, research project, or publication. Contractor companies are not privy of patient information based on contract worker patient care interactions. The Contractor shall also comply with federal laws relating to freedom of information and records management.

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

1.6.21. Rights in Technical Data, Information, and Computer Software: In addition to the Government’s rights to information, technical data, and/or computer software provided for elsewhere in the terms of this contract, the Government has the rights to use and distribute for any Government purpose any and all information, technical data, and/or computer software produced in the performance of this contract, including the source codes of any software required to prepare or read any reports or other information, or technical data prepared within the scope of this contract.

All such information, technical data, and/or computer software shall be delivered to the Government. Such information, technical data, and/or computer software may not be published, distributed, sold, or otherwise used by the Contractor without prior written permission from the CO. This right does not abrogate any other Government rights.

1.6.22. Contractor Administrative Requirements

1.6.22.1. Contractor Key Personnel. The following are considered key Contractor personnel. Failure of Contractor Key Personnel to perform their duties effectively and efficiently will be construed as conduct detrimental to contract performance and may be reflected in the Contractor Performance Assessment Reporting System (CPARs). The Contractor shall identify the following key personnel at the contract level:

1.6.22.1.1. Contractor Representative: The Contractor shall designate a primary and alternate representative who will be the Contractor’s Point of Contact (POC) at the contract level. The POC shall be an individual who is knowledgeable of the terms and conditions of the contract and authorized to make decisions regarding the contract. This person must be knowledgeable on all aspects of deploying contract workers to overseas locations to work in a military facility, including but not limited to, Synchronized Pre-deployment and Operational Tracker (SPOT) procedures. The Contractor shall submit the representative’s contact information, to include email address and phone number, in writing, to the Contracting Office in accordance with Technical Exhibit 2. The Contractor shall notify the Contracting Office, in writing, of changes in the status (i.e., termination or replacement) of designated contract-level Contractor representative within 3 business days of the change.

1.6.22.1.2. Facility Security Officer (FSO)/Security POC: The Contractor shall identify a FSO or Security POC who is responsible for managing the contract worker security investigation package submission and coordination requirements with the Personnel Security Offices. The Contractor shall submit the FSO/Security POC information, to include email address and phone number, in writing, to the Contracting Office in accordance with Technical Exhibit 2. The Contractor shall notify the Contracting Office, in writing, of changes in the status (i.e., termination or replacement) of the FSO/Security POC representative within 3 business days of the change.

1.6.22.1.3. The contractor shall identify an individual who is knowledgeable with Wide Area Workflow (WAWF), contract funding, and all aspects of Government invoicing. The Contractor shall submit the representative’s contact information, to include email address and phone number, in writing, to the Contracting Office in accordance with Technical Exhibit 2. The Contractor shall notify the Contracting Office, in writing, of changes in the status (i.e., termination or replacement) of designated contract-level Contractor representative within 3 business days of the change.

1.6.22.1.4. Synchronized Pre-deployment and Operational Tracker (SPOT).

1.6.22.1.4.1. The contractor shall identify an individual who is knowledgeable with- and responsible for the Synchronized Pre-deployment and Operational Tracker (SPOT).

1.6.22.1.4.2. The designated individual shall be responsible for maintaining accurate, up-to-date information in the SPOT system for all Contractor personnel supporting this contract and task orders.

1.6.22.1.4.3. This individual must be knowledgeable and proficient in the use of the SPOT web-based system for inputting, managing, and certifying all required data. The administrator's duties include ensuring all employee data is accurate, as well as initiating, processing, and managing all Letters of Authorization (LOA) so that all personnel possess a valid, SPOT-generated LOA prior to and during deployment.

1.6.22.1.4.4. This individual will also serve as the primary point of contact for all SPOT-related inquiries and shall be capable of generating reports and providing data from SPOT as requested by the CO or COR.

1.6.22.1.5. If required, the Government will identify any additional key personnel requirements at the time of order placement.

1.6.22.2. Quality Control Plan. The Contractor shall have a planned and systematic Quality Control Plan (QCP) for the contract and each order (if required) that ensures services are performed in accordance with the terms and conditions of the contract and order.

1.6.22.2.1. Contract QCP: The Contractor shall submit a complete QCP to the Contracting Office no later than 30 days after award. The QCP shall demonstrate how the Contractor intends to ensure quality performance during the contract ordering period. The Contractor shall update/revise the QCP, as necessary, and submit the updated/revised QCP to the Contracting Office not later than 7 calendar days after the change for review/comments prior to implementation. At a minimum, the Contractor’s QCP shall include the following:

• Written code of business ethics, which includes the process to identify and handle ethical issues related to the business practice.

• Written emergency management plan, which includes an analysis of potential emergencies that could affect service performance, notification processes, backup communication systems, and a periodic test of the plan.

• Written policy to address privacy, confidentiality, and security of information.

• Procedures to ensure that services are performed IAW this PWS throughout the life of the contract.

1.6.22.2.2. Task Order Quality Control Plan (QCP): The Contractor may be required to submit a supplemental QCP to the Government at the time of order placement.

1.6.23. English Requirement. The Contractor shall ensure that all contract workers providing services under this contract are able to read, write, and speak English to effectively communicate with place of performance facility staff, patients, and co-workers while performing duties defined in the task order.

1.6.24. Restriction on the Use of Government-Affiliated Personnel. The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person would create a conflict of interest.

1.6.25. PERFORMANCE BY FOREIGN NATIONAL OR FOREIGN OWNERSHIP, CONTROL, OR

INFLUENCE (FOCI) ORGANIZATIONS.

1.6.25.1. In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

1.6.25.2. Prior to performance of work by a foreign national as a result of this contract, the employer shall provide the Contracting Officer with the name of the foreign national and identify the type of form(s) produced for verification of employment status.

1.6.25.3. Should the foreign national’s performance require access to DoD facilities, the employer shall coordinate with the sponsor providing access, in order to submit the following:

1. Individual’s Name

2. Date/place of birth

3. Citizenship

4. Date and Location of the Visit

5. Purpose of the Visit

6. Passport Number

7. Employer’s Verification of Work Authorization

1.6.25.3.1. This information shall be forwarded to the Contracting Officer at least thirty days prior to the visit taking place. Failure to provide this information within this time frame may prevent the individual(s) from entry into the DoD facilities.

1.6.25.3.2. The offeror shall disclose if the company (or individual) is a FOCI. A FOCI organization includes sole proprietorships, partnerships, and corporations, and the divisions and subsidiaries of the corporation where: (a) 51% or more of the controlling (voting) stock is foreign owned; or (b) parent organization is incorporated or otherwise charted in a country foreign to the U.S.; and (c) the organization is not performing a state function (any organization performing a state function falls under IPO authority). A division or subsidiary of an organization having a location in the U.S. is still considered FOCI if the parent corporation is a FOCI. A university, college, or not-for-profit organization that is chartered, incorporated, or otherwise called into being in a country foreign to the U.S. and not performing a state function is FOCI. A FOCI person is a non-U.S. citizen. Resident aliens are considered FOCI for licensing and technology transfer purposes. Approval by the U.S. Trade Representative may be required prior to executing a contract with a FOCI.

1.6.26. CONTRACTS TO BE PERFORMED IN JAPAN. The Status of Forces Agreement between the United States and Japan (SOFA) govern the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of Japan, including the US-Japan SOFA. Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded status under SOFA Article I(b) with potential eligibility for logistic support. Dependents of contractors or of the contractors employees who receive SOFA Article XIV status do not receive SOFA status under SOFA Article XIV or SOFA Article I(b) based on their status as dependents. The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its employees, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well as United States Forces Japan (USFJ) and USFJ component policies and regulations during the performance of this contract.

1.6.26.1. In accordance with 8 U.S.C.1324a, it is unlawful to hire for employment in the U.S. an individual without verifying that individual’s employment authorization. 8 CFR 274a.2 VERIFICATION OF EMPLOYMENT ELIGIBILITY identifies the official documents that establish employment eligibility.

1.6.27. SOFA ARTICLE XIV STATUS.

1.6.27.1. Awardee may apply for Article XIV status under the United States – Japan Status of Forces

Agreement (SOFA). Offers shall be prepared based on the assumption that SOFA Article XIV status will be granted by Government in consultation with the Government of Japan. If the Government determines that Awardee does not qualify for SOFA Article XIV status or that SOFA Article XIV status is otherwise inappropriate, an equitable adjustment shall be made to the cost/price and other appropriate terms of the contract. Persons, including corporations organized under the laws of the United States, and their employees who are ordinarily a resident in the United States and whose presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces may acquire privileged status under SOFA Article XIV. Such contractors and contractor employees are eligible for agency privileges and benefits under the SOFA but otherwise remain subject to the laws and regulations of Japan. Neither SOFA Article XIV nor SOFA Article I(b) status and privileges extend to dependents of SOFA Article XIV contractors or contractor employees.

1.6.27.2. Procedures.

1.6.27.2.1. Formal application for SOFA Article XIV status shall be made to HQ USFJ only after the contract has been awarded and the contractor’s place of operation in Japan has been determined.

1.6.27.2.2. A contractor seeking SOFA Article XIV status for itself and its employees shall submit the following to the Contracting Officer as part of its offer: (i) Proof that the contractor is a person ordinarily resident in the United States or a corporation organized under the laws of the United States and that its presence in Japan is solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces; and (ii) Proof that the contractor’s employees are persons ordinarily a resident in the United States and that their presence in Japan is solely for the purpose of performing work under contracts with the United States for the benefit of the United States armed forces.

1.6.27.2.3. The Contracting Officer shall make the initial determination whether the contractor qualifies for SOFA Article XIV status. Upon a determination of qualification, the Contracting Officer shall forward a request for designation through component channels to Commander, United States Forces, Japan, ATTN: USFJ/J5, Unit 5068, APO AP 96328. The request shall include the items requested in subparagraph (b)(2), a full explanation of the necessity of using a United States contractor, and relevant documentation. See USFJ Instruction 64-102 for further details.

1.6.27.2.4. HQ USFJ shall make the final determination on the contractor’s SOFA Article XIV status upon consultation with the Government of Japan.

1.6.27.2.5. Upon receipt of HQ USFJ approval, the Contracting Officer shall issue Letters of Identification indicating SOFA Article XIV status has been granted to the contractor and contractor employees.

1.6.27.2.6. Once a contractor has been designated under SOFA Article XIV, it is not necessary that it be redesignated if a follow-on contract is awarded to that contractor; provided the new contract does not involve a material change from the work under which the SOFA Article XIV designation was originally granted and there is no significant delay between completion of the existing contract and initiation of performance under the follow-on contract.

1.6.28. SOFA Article XIV privileges and benefits. In accordance with SOFA Article XIV, upon certification by appropriate United States authorities as to their identity, such persons and their employees shall be accorded the following benefits of the SOFA. Note: Privileges and benefits afforded under SOFA Article XIV do not extend to dependent/family members.

1.6.28.1. Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V;

1.6.28.2. Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

1.6.28.3. Exemption from customs duties and other such charges on furniture and household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI;

1.6.28.4. If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers, and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

1.6.28.5. The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX;

1.6.28.6. The use of postal facilities as provided for in SOFA Article XXI;

1.6.28.7. Exemption from the laws and regulations of Japan with respect to terms and conditions of employment except that such exemption shall not apply to the employment of local nationals in Japan;

1.6.28.8. Exemption from taxes and similar charges of Japan on depreciable assets except houses, held, used, or transferred for the execution of contracts;

1.6.28.9. Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan. No exemption from taxes payable for the use of roads by private vehicles is provided under SOFA Article XIV;

1.6.28.10. Exemption from income or corporation taxes of the Government of Japan or any other taxing agency in Japan on any income derived under a contract made in the United States with the

Government of the United States in connection with the construction, maintenance, or operation of any of the facilities or area covered by the SOFA. The provisions of this paragraph do not exempt such persons from payment of income or corporation taxes on income derived from Japanese sources;

1.6.28.11. Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases, in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

1.6.29. SOFA ARTICLE I(b) STATUS.

1.6.29.1. SOFA Article I(b) status. Individuals including, but not limited to, technical advisors, consultants, entertainers serving under contracts with the United States for the provision of services in support of U.S. armed forces in Japan, and whose presence is required in Japan to provide such services, may acquire SOFA status in Japan as part of the civilian component under Article I(b) of the SOFA. Note SOFA Article I(b) does not create a lawful status in Japan for any entity other than individuals (e.g., the corporation employing the individual). To qualify for SOFA status under SOFA Article I(b), such individuals must be:

1.6.29.1.1. United States nationals;

1.6.29.1.2. Not ordinarily resident in Japan (or if ordinarily resident in Japan, receive permission from the GOJ to change status following the procedures set out in USFJI 36-2611, Changes of Status by Person in Japan to One of the Categories;

1.6.29.1.3. Present in Japan at the invitation of the United States, and solely for the purpose of executing contracts for the benefit of the United States armed forces (including Foreign Military Sales contracts), and Authorized by the Status of Forces Agreement); Not contractors, employees of a contractor whose presence in Japan is solely for the purpose of executing contracts within the definition of SOFA Article XIV.

1.6.29.2. SOFA Article I(b) procedures. Contractor personnel must obtain a Letter of Identification from

Contracting Officer to authorize entry into Japan under SOFA Article I(b) and to identify which Article I(b) privileges and benefits will be provided to each employee/dependent. Contractor shall, in writing, identify all contractor personnel and accompanying dependents eligible for SOFA Article I(b) status to the Contracting Officer.

1.6.29.3. SOFA Article 1(b) privileges and benefits. Persons granted authority to enter Japan under SOFA Article I(b) and their dependents (defined as spouse, children under 21, and, if dependent for over half their support upon an individual having SOFA Article I(b) status, parents, and children over

21) shall be accorded the following benefits of the SOFA. These privileges are personal to the employee/dependent and to not insure to the employer.

1.6.29.3.1. Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2;

1.6.29.3.2. Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX;

1.6.29.3.3. Acceptance as valid by Japan, without a driving test or fee, a U.S. Forces, Japan

Operator’s Permit for Civilian Vehicle as provided for in SOFA Article X. Issuance of such permit shall be subject to applicable military regulation;

1.6.29.3.4. Exemption from customs duties and other such charges on materials, supplies, and equipment which are to be incorporated into articles or facilities used by the United

States armed forces furniture, household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI;

1.6.29.3.5. Exemption from the laws and regulations of Japan with respect to terms and conditions of employment as provided for in SOFA Article XII, except that such exemption shall not apply to the employment of local nationals in Japan;

1.6.29.3.6. Exemption from Japanese taxes to the Government of Japan or to any other taxing agency in Japan on income received as a result of their service with the United States armed forces as provided for in SOFA Article XIII. The provisions of Article XIII do not exempt such persons from payment of Japanese taxes on income derived from Japanese sources;

1.6.29.3.7. If authorized by the installation commander or designee, the right to use Navy exchanges, post exchanges, base exchanges, commissaries, messes, social clubs, theaters, newspapers, and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV;

1.6.29.3.8. The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX;

1.6.29.3.9. The use of postal facilities as provided for in SOFA Article XXI;

1.6.29.3.10. Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in Japan.

1.6.29.3.11. Japan authorities have the right to exercise jurisdiction over SOFA personnel in relation to offenses committed in Japan and punishable by the law of Japan. In those cases, in which the Japanese authorities have the primary right to exercise jurisdiction but decide not to do so, the United States shall have the right to exercise such jurisdiction as is conferred on it by the law of the United States.

1.6.30. CONTRACTS TO BE PERFORMED IN KOREA. The United States Forces Agreement Korea between the

United States and Korea (SOFA) govern the rights and obligations of the United States armed forces in Korea establishes procedures and responsibilities for the designation, suspension, and revocation of corporations and individuals as Invited Contractors (ICs) and Technical Representatives (TRs) performing work in support of United States (U.S.) Armed Forces or other armed forces in the Republic of Korea (ROK) under the Unified Command receiving logistics support from the U.S. Armed Forces in accordance with (IAW) applicable U.S. regulations and the U.S. (See Technical Exhibit 7 – United States Forces Korea Instruction).

1.6.31. LOGISTIC SUPPORT. Contractor (if awarded Article XIV status), contractor personnel, and in the case of contractor personnel granted SOFA Article I(b) status, dependents, shall, subject to availability as determined by the installation commander or designee, be provided logistic support including, but not limited to, the items below:

1.6.31.1. Navy, Base or Post Exchange, exchange service stations, theaters, and commissary (Article

I(b)personnel/dependents and Article XIV personnel only);

1.6.31.2. Laundry and dry cleaning;

1.6.31.3. Military banking facilities (Article I(b) personnel/dependents and Article XIV personnel only);

1.6.31.4. Transient billeting facilities;

1.6.31.5. Open mess (club) membership, as determined by each respective club (Article I(b) personnel/dependents and Article XIV personnel only);

1.6.31.6. Casualty assistance (mortuary services) on a reimbursable basis;

1.6.31.7. Routine medical care on a reimbursable basis for U.S. citizens and emergency medical care on a reimbursable basis for non-U.S. citizens;

1.6.31.8. Dental care, limited to relief of emergencies on a reimbursable basis;

1.6.31.9. Department of Defense Dependent Schools on a space-available and tuition-paying basis;

1.6.31.10. Postal support, as authorized by military postal regulations (Article I(b) personnel/dependents and Article XIV personnel only);

1.6.31.11. Local recreation services on a space-available basis;

1.6.31.12. Issuance of U.S. Forces, Japan Operator’s Permit (Article I(b) personnel/dependents and Article

XIV personnel only);

1.6.31.13. Issuance of vehicle license plates (Article I(b) personnel/dependents and Article XIV personnel only).

1.6.32. PRIVATELY-OWNED VEHICLE OPERATION.

1.6.32.1. Privately-Owned Vehicle (POV) Permits: Contractor personnel using POVs on DoD installations shall have proper operating licenses and permits for entry onto the installations. All vehicles, private or contractor-owned, shall comply with the vehicle operation regulations that govern installations. All vehicles are subject to search while on DoD installations. Only licensed contractor personnel shall operate vehicles on DoD installations. Vehicles shall be operated in accordance with local and state laws as well as installation specific traffic regulations.

1.6.32.2. Privately-Owned Vehicle (POV) Parking: The contractor shall utilize on-station POV parking in authorized areas. The Government reserves the right to change parking arrangements at any time.

1.6.32.3. Traffic Accident Report Requirements: The contractor shall report to Base Security, within one hour, any traffic accident involving contractor personnel that occurs on base, whether in the performance of this PWS or commuting in their POVs, IAW OPNAVINST 5102.1 series, OPNAVINST 5100.23 series, and other applicable local instructions. The contractor shall supply a copy of any on-base traffic accident report to the COR within five working days after occurrence.

The contractor shall also provide the COR with a copy of any report of an off-base traffic accident that involves contractor personnel in the performance of this PWS within five workdays after occurrence.

1.6.32.4. Fines, Fees, Point Assessment and Other Costs: The contractor shall pay all fines, fees, point assessment, and other costs associated with traffic violations, parking violations, or accidents that occur in the performance of work under this contract.

1.6.33. Use of Non-Compete Clauses. The Contractor shall not limit the employment opportunity of their contract employee by another Contractor beyond the active period of performance identified in the task order, including exercised options. The non-compete clause does not apply to the Government.

1.6.34. Billing of Beneficiaries. The Contractor or contract worker shall not request nor accept compensation of any kind for beneficiaries treated, procedures performed, or any other actions provided outside the terms and conditions of this contract. While on duty, contract workers shall not advise, recommend, nor suggest to individuals authorized to receive services at Government expense that such individuals should receive services from the contract worker when not on duty, or from a partner or group associated in practice with the Contractor or contract worker.

1.6.35. Use of Government Property. The Contractor shall ensure contract workers do not use Government facilities, supplies, or equipment for private use or for any purpose other than providing services required under this contract and associated orders.

1.6.36. Associate Contractor Agreements. The Contractor shall enter into Associate Contractor Agreements (ACAs) for any portion of the contract requiring joint participation in the accomplishment of the Government’s requirement as specified at the time of order placement. The ACAs shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to this contract, which shall ensure the greatest degree of cooperation for the development of the program to meet the terms of the contract. Associate Contractor information must identify Contractor name, address, and Task Order.

Associate Contractor Agreements shall include the following general information:

Identify the Associate Contractors and their relationships.

Identify the Associate Contractors and their relationships.

Identify the labor categories involved and the relevant Government contracts of the associate Contractors.

Describe the Associate Contractor interfaces by general subject matter.

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

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

Identify potential conflicts between relevant Government contracts and the ACA; include agreements on protection of proprietary data and restrictions on employees.

1.6.36.1. The cooperating Contractors shall provide a copy of such agreement to the Government for review before execution of the document.

1.6.36.2. The Contractor is not relieved of any contract requirements…