Attachment_1_12T0538.doc

ATTACHMENT 1: CONTRACT ADMINISTRATION PLAN

1. Definitions.

1.1 Administrative Contracting Officer (ACO). To the extent that the Procuring Contracting Officer (PCO) has delegated contract administration, the Government official responsible for administering the contract. For the purposes of this contract, the PCO has retained contract administration responsibilities. Therefore, the terms PCO and ACO refer to different functions performed by the same individual.

1.2 Alternate Contracting Officer’s Representative (ACOR). In the absence of the Contracting Officer’s Representative (COR), the Government official appointed in writing by the PCO who functions as the technical representative of the PCO for a specific contract, for a specified period of time.

1.3 Bureau of Medicine and Surgery (BUMED). The Department of the Navy command responsible for all Navy health contracting initiatives.

1.4 Commanding Officer. The medical department officer that has ultimate responsibility for the operation of a Military Treatment Facility (MTF).

1.5 Contracting Officer’s Representative (COR). The Government official appointed in writing by the PCO who functions as the technical representative of the PCO.

1.6 Contractor. The offeror identified in blocks 8 and 13of the Standard Form 18 and its employees who are providing services under the contract.

1.7 Reserved

1.8 Reserved

1.9 Military Treatment Facility (MTF). A Department of Defense (DoD) hospital or medical or health center that may require services under these contracts. The abbreviation, “MTF” includes all the Branch Medical or Health Clinics, Medical Administrative Units, Branch Medical or Health Annexes and other subordinate clinical activities specified in these contracts. The abbreviation, “MTF” also refers to any military treatment facility within the scope of these contracts.

1.10 Naval Medical Center Portsmouth (NMCP). The Department of the Navy command responsible for executing contracting authority within Navy Medicine East.

1.11 Procuring Contracting Officer (PCO). The Government official within NMCP authorized by warrant to enter into these contracts for the Government.

1.12 Supervisor. The Government official whose duty it is to provide day-to-day direction to, and oversight of, contractor personnel, including supervisory functions such as time and attendance.

Applicable to personal services contracts only. (Not applicable to this Contract)

1.13 Reserved

2. Responsibilities.

2.1 Reserved

2.2 The PCO, NMCP shall:

2.2.1 Perform all required pre-award actions including providing information or answering questions that arise during the solicitation period and as a result of Freedom of Information Act (FOIA) inquiries.

2.2.2 Reserved

2.2.3 Reserved

2.2.4 Reserved

2.2.5 Include the COR duties contained in this master CAP in the resultant solicitation/contract. Additional duties shall be separately delineated within the contract, as appropriate.

2.2.6 Designate the paying office in the contract.

2.2.7 Appoint the COR and ACOR.

2.2.8 Perform all contract administration duties of a Contracting Officer. Regular meetings between the PCO, the COR or the MTF Commanding Officer (or representative) will be held to discuss the status of and the performance under individual contracts. The format and frequency of these meetings will depend upon the size and complexity of the contract.

NOTE: All parties are specifically reminded that only the Contracting Officer has the authority to modify the terms of the contract. Therefore, in no event will any understanding, agreement, modification, change order, or other matter deviating from the terms of the basic contract between the Contractor and any other person be effective or binding on the Government. When/if, in the opinion of the Contractor, any direction affecting the terms of the basic contract has been given by the COR or any other person, the Contractor shall promptly notify the PCO.

2.2.9 Evaluate reports of Contractor non-compliance and take appropriate action within 30 days of receipt. Copies of any correspondence regarding the results of such analyses shall be provided to the MTF and the COR simultaneously with the action taken.

2.2.10 Ensure that all personnel involved understand current DoD Standards of Conduct policies.

2.2.11 Oversee the performance of CORs under the contract. Prompt action shall be taken when COR (or alternate) is not performing properly.

2.2.12 Maintain the official contract file including modifications (and all back-up documentation).

2.2.13 Maintain the accuracy of this Master CAP throughout the life of these contracts.

2.2.14 Maintain a list of all CORs under their authority. Periodically review the files and performance of these CORs in accordance with NAVSUPINST 4205.3D and local policies.

2.2.15 Enter data into the applicable contractor performance reporting system.

2.2.16 Reserved

2.3 Reserved

2.4. The COMMANDING OFFICER OF THE MTF shall:

2.4.1 Budget and provide funding for the contracts.

2.4.2 Nominate (to the PCO) individual(s) to be appointed as COR (by name, title, organizational code and telephone number). This individual(s) shall also be the contract quality assurance monitor and lead technical advisor to the ACO and shall be responsible for the technical interface needed during contract performance. An ACOR can be nominated to act in the absence of the COR, when needed, or to provide additional expertise.

NOTE: COR duties cannot be delegated. The COR shall be accountable for the actions of ACORS.

NOTE: Nomination of new CORs as a result of reassignment, termination of employment, etc., shall be made in accordance with the procedures outlined herein.

2.4.3 Ensure all individuals nominated as COR or ACOR have the necessary qualifications to satisfactorily perform the required duties and hold a position of responsibility commensurate with the complexity of the contract. All CORs shall have graduated from a Naval Supply System Command (NAVSUP) approved/BUMED provided medical COR training course prior to their appointment.

2.4.4 Upon receipt of the contract from the PCO, forward copies of documents to staff having administrative responsibilities for these contracts.

2.4.5 Support and supervise the COR in the performance of their duties. If the Commanding Officer determines that assigned duties are not being performed in a satisfactory manner, immediate corrective action shall be taken (including the recommendation to replace the COR if required). The PCO shall be promptly notified of all actions taken. The MTF should consider COR performance in rating all individuals assigned COR functions.

2.4.6 Notify the PCO in writing of any organizational or personnel changes affecting the CAP.

2.4.7 Ensure that appropriate timely action is taken on all contract related correspondence received from either the PCO or COR. This includes the timely submission (to the PCO) of any requests for changes to the performance work statement, deviations or waivers. An Independent Government Cost Estimate of the impact on contract price and the availability of additional funding (if required) must accompany all requests for changes to the performance work statement/contract. The Contractor’s price quote and the rationale for requesting the change shall accompany any changes proposed by the Contractor. The Contractor’s price quote serves as a budgetary estimate of the cost impact. The MTF shall also provide input as to technical acceptability of proposed contract language changes.

2.4.8 Reserved

2.5 The CONTRACTING OFFICER'S REPRESENTATIVE (COR) shall:

2.5.1 Reserved

2.5.2 Attend periodic meetings (as necessary) among the PCO, MTF and Contractor(s) to discuss the status of and performance under the contracts.

2.5.3 Avoid issuing any instructions that would constitute a change to the contract. The COR and Contractor shall not enter into any understanding, agreement, modification, or change order deviating from the terms of the basic contracts which shall be effective or binding on the Government. If in the opinion of the Contractor, an effort outside the scope of the contract is requested, the Contractor shall promptly notify the PCO in writing. The Contractor shall not act unless the PCO or ACO has issued a written change to the contract. The COR will include, on all correspondence to the Contractor, a declination of authority statement as follows:

“I have neither the authority nor the intent to change the terms or conditions of this contract. This contract can only be changed by a written modification issued by the Contracting Officer. If you believe that I am requesting an effort outside the scope of this contract, promptly notify the Contracting Officer. Additionally, this shall not be construed as an authorization for new work or additional work not already contained in the contract.”

2.5.4 Perform as the technical interface between the Government and the Contractor(s) for these contracts. The COR shall provide technical advice or clarification regarding the performance work statement; milestones to be met within the general terms of the contract or specific subtasks of the contract. The COR is the point of contact through whom the Contractor can relay technical questions and problems to the Contracting Officer. The Contractor may also contact the Contracting Officer directly.

2.5.5 Coordinate/facilitate complete and timely credentials submissions between the MTF and the Contractor using the applicable Medical Staff Services Department (MSSD) staff at the MTF. The COR shall provide technical advice or clarification regarding the performance work statement, milestones to be met within the general terms of the contract or specific subtasks of the contract, maintain a method for tracking expiring credentials, and maintain shift schedules. The COR shall inspect the credentials of each contract employee prior to submission to the MSSD. Applicable to personal services contracts only. (Not applicable to this Contract)

2.5.6 Monitor Contractor performance and progress under the contract. If potentially inefficient or wasteful methods are being used, the COR shall take reasonable and timely action to alert the Contractor and the PCO. Furthermore, the COR shall promptly advise the PCO of any observed continuous and/or substantial deficiencies in the Contractor's performance or other noncompliance with the terms or conditions of the contract. Enclosure (1) is the surveillance plan to be used by the COR to monitor Contractor performance. Deviation from this surveillance plan is only permitted with the prospective approval of the PCO.

2.5.7 In accordance with procedures given in Quality Assurance Surveillance Plan (QASP) (Attachment 2) and QASP Matrix (Attachment 3) promptly issue Contract Discrepancy Reports (CDRs) (Attachment 4) to the Contractor to document discrepant performance. The COR shall always obtain the Contractor's response/rebuttal to the CDR, evaluate the acceptability of the response and promptly forward the CDR, Contractor response/rebuttal, and their recommendation to NMCP PCO.

2.5.8 Monitor and verify services provided in accordance with Sections B and C of the contract. The COR shall always use this information as a tool when evaluating Contractor performance for payment purposes.

2.5.9 Accept the services as the official Government representative.

2.5.10 Use appropriate, contract-specific sampling methods for contract surveillance.

2.5.11 Completely understand contract invoicing requirements. The COR shall verify receipt of services in a timely manner to ensure that prompt payment due dates are met.

2.5.12 Immediately alert the PCO and the ACO of any unusual performance problems. If a corrective action plan is approved by the Contracting Officer, the COR shall monitor the implementation and effectiveness of that corrective action plan. In uncertain situations, the COR shall always seek advice from the PCO and/or ACO, as prudent, before acting.

2.5.13 Continually monitor the quantity of services provided under each CLIN/SLIN and/or task order. Advise the PCO if it appears that service quantities may be exhausted before the end of the performance period, or if quantities of unused hours for services have been ordered but will not be received by the end of the performance period.

2.5.14 Perform administrative duties including all files which support the actions performed as a COR. The COR shall respond to all contract correspondence in a timely manner. Contract files shall include a conforming copy of the contract, all modifications, a conforming copy of the Contractor’s Technical Proposal, all surveillance reports, each CDR (including the Contractor’s response/rebuttal), any contract-related correspondence, a contract log or COR diary, all telephone conversation and email records, meeting minutes, reports from Government subject matter experts, and Independent Government Cost Estimates.

2.5.15 Take the necessary steps to ensure that Government property furnished to the Contractor is provided in a timely manner and in proper condition for use. The COR shall maintain both inventory and disposition records for all Government furnished property. This inventory/disposition file is coordinated with the ACO. The COR shall ensure that the Contractor returns all Government furnished property or that Government furnished material has been reasonably consumed in the performance of work.

2.5.16 Read and comply with all applicable Standards of Conduct and Conflict of Interest instructions and procedures including annual financial interest filings.

2.5.17 Ensure that the Contractor receives copies of all regulations and/or directives considered appropriate to the services being provided.

2.5.18 Submit information detailing the Contractor's performance to the PCO. A statement indicating performance has been satisfactory along with your request to continue performance would be required prior to the issuance of any subsequent contracts. Enclosed Past Performance Evaluation report must be sent to the PCO within 60 days after completion of the contract. The final report shall contain a conclusive statement describing the Contractor's overall performance and an evaluation on the accountability of Government property furnished to the Contractor.

2.5.19 Perform other duties, particular to the contract, as may be incorporated into the contract document or as required by the Contracting Officer.

ATTACHMENT 2 – QASP

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

1.0

PURPOSE

This Quality Assurance Surveillance Plan (QASP) is a Government developed and applied document used to make sure that systematic quality assurance methods are used in the administration of the Performance Based Service Contract (PBSC) standards included in this contract. The intent is to ensure that the Contractor performs in accordance with performance metrics set forth in the contract documents, that the Government receives the quality of services called for in the contract and that the Government only pays for the acceptable level of services received.

2.0

AUTHORITY

Authority for issuance of this QASP is provided under FAR 52.212-4(a), Inspection/Acceptance; which provides for inspections and acceptance of the articles, services, and documentation called for in the contract to be accomplished by the Contracting Officer or his duly authorized representative.

3.0

SCOPE

The Contractor, and not the Government, is responsible for management and quality control actions necessary to meet the quality standards set forth by the contract. The Quality Assurance Surveillance Plan (QASP) is put in place to provide Government oversight of the Contractor’s quality control efforts to assure that they are timely, effective and are delivering the results specified in the contract. The QASP is not a part of the contract nor is it intended to duplicate the Contractor’s Management Plan. The Government may provide the Contractor an information copy of the QASP as an Attachment to the solicitation to support the Contractor’s efforts in developing its plan for maintaining the levels of quality anticipated to be delivered under the terms of the contract.

4.0

GOVERNMENT RESOURCES

Contracting Officer – The Contracting Officer ensures performance of all necessary actions for effective contracting, ensures compliance with the terms of the contract and safeguards the interests of the United States in the contractual relationship. It is the Contracting Officer that assures the Contractor receives impartial, fair, and equitable treatment under the contract. The Contracting Officer is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

Contracting Officer’s Representative (COR) - An individual designated in writing by the Contracting Officer to act as his authorized representative to assist in administering a contract. The source and authority for a COR is the Contracting Officer. COR limitations are contained in the written letter of appointment.

Assistant Contracting Officer’s Representative (ACOR) – An individual designated in writing by the COR to act as his authorized representative to assist in administrating a contract. ACOR limitations are contained in the written letter of appointment. The ACOR provides detailed oversight of the Contractors’ performance and reports monthly his or her findings to the COR in a timely complete and impartial fashion.

5.0

METHODS OF QA SURVEILLANCE

The below listed methods of surveillance shall be used in the administration of this QASP. The Performance-Based Matrix, describes the methods of surveillance that may be used to monitor the services and deliverables to be provided under the contract.

Customer Feedback – Customer feedback may be obtained either from the results of formal customer satisfaction surveys or from random customer complaints. Customer complaints, to be considered valid, must set forth clearly and in writing the detailed nature of the complaint, must be signed and must be forwarded to the COR. The COR shall maintain a summary log of all formally received customer complaints as well as a copy of each complaint in a documentation file. The COR shall also keep the tabulated results of all customer satisfaction surveys on file and shall enter the summary results into the Surveillance Activity Checklist.

Random Monitoring – Random monitoring shall be conducted if and when deemed necessary to ensure compliance with the terms of the contract. The COR will conduct the random monitoring.

Random Checks/Inspections on Completion of Workload Tasking – Random checks will be conducted to ensure compliance with the QASP Matrix. The COR will conduct the random checks.

6.0

IDENTIFIED QA SURVEILLANCE ITEMS

The PBSC items that have been identified for surveillance are identified in the Performance-Based Matrix.

7.0

DOCUMENTATION

The COR will maintain a complete Quality Assurance file. The file will contain copies of all reports, evaluations, recommendations, and any actions related to the Government’s performance of the quality assurance function. All such records will be retained for the life of this contract. The COR shall forward these records to the Contracting Officer at termination or completion of the contract.

For each item on the QASP Matrix that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.

In accordance with the inspection of services provisions of the contract, the contractor will be incentivized to provide quality services in a timely manner since the Government can require the Contractor, at no additional cost, to replace or correct work that fails to meet contract requirements.

ATTACHMENT 3 – QASP MATRIX

Standard

Surveillance Procedures to be taken when performance standards are not met

PBSOW

Specific Duties and Responsibilities Services to be provided.

Customer Feedback

Random Inspections FAR Clause 52.212-4(a) Inspection/Acceptance

Positive Incentive: The Positive Incentive:

The contractor shall receive a favorable past performance review if the contractor meets or exceeds the performance standards.

Decrements: The contractor shall receive a negative past performance review if the contractor doesn’t meet or exceed the performance standards.

PBSOW

Specific Duties and Responsibilities

Para 1 Accuracy & Timeliness

OEM Specifications:

Contractor shall maintain pool per OEM specifications.

Contractor shall use OEM parts or equivalent, new or refurbished, and of equal or better quality.

FAR Clause 52.212-4(a) Inspection/Acceptance

Positive Incentive: The Positive Incentive:

The contractor shall receive a favorable past performance review if the contractor meets or exceeds the performance standards.

Decrements: The contractor shall receive a negative past performance review if the contractor doesn’t meet or exceed the performance standards.

PBSOW

Specific Duties and Responsibilities

Para 1 Accuracy & Timeliness

Scheduling & Coordination of Service Calls: Contractor shall contact Physical Therapy POC within 15 days of receipt of contract to schedule semi-annual maintenance.

FAR Clause 52.212-4(a) Inspection/Acceptance

The contractor shall receive a favorable past performance review if the contractor meets or exceeds the performance standards.

Decrements: The contractor shall receive a negative past performance review if the contractor doesn’t meet or exceed the performance standards.

PBSOW

Specific Duties and Responsibilities

Para 2 Accuracy & Timeliness

Maintenance Coverage:

Contractor Service Tech shall provide services based on the items cited for medium/heavy usage.

FAR Clause 52.212-4(a) Inspection/Acceptance

The contractor shall receive a favorable past performance review if the contractor meets or exceeds the performance standards.

Decrements: The contractor shall receive a negative past performance review if the contractor doesn’t meet or exceed the performance standards.

Incentives/Disincentives:

The COR makes an annual report on Contractor Performance (CPARS or other annual report). The contractor’s failure to achieve satisfactory performance under the contract, reflected in the COR’s annual report, may result in termination of the contract and may also result in the loss of future Government contracts. Additionally, the contractor’s failure to achieve satisfactory performance under the contract may also result in the non-exercise of available options.

For each item that does not meet acceptable levels, the Government may issue a Contract Discrepancy Report (CDR). CDRs will be forwarded to the Contracting Officer with a copy sent to the contractor. The contractor must reply in writing within 5 days of receipt identifying how future occurrences of the problem will be prevented. Based upon the contractor’s past performance and plan to solve the problem, the Contracting Officer will determine if any further action will be taken.

ATTACHMENT 4 – CDR

CONTRACTOR DISCREPANCY REPORT

CONTRACT NO.:

TASK ORDER NO: N/A

DATE:

TO: (Contractor’s name and address)

FROM: (Facility Name and address, including COR)

DISCREPANCY (INCLUDE REFERENCE):

SIGNATURE OF COR: DATE:

TO: (Facility name and address, including COR)

FROM : (Contractor’s name and address)

CONTRACTOR RESPONSE AS TO CAUSE AND CORRECTIVE ACTION TAKEN:

SIGNATURE OF CONTRACTOR’S REP: DATE:

GOVERNMENT COMMENT ON RESPONSE:

SIGNATURE OF COR: DATE:

SIGNATURE OF CONTRACTING OFFICER: DATE: