N62645-14-R-0039_Amendment_0001.doc
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- N6264514R0039
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Amendment 0001
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SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
QUESTIONS/ANSWERS
Question 1: Regarding section L, paragraph L.2.2 Past Performance. Can commercial past performance be used or does the past performance have to be similar work performed for the government?
Answer 1: Yes commercial performance can be can be submitted that complies with the requirements in section L.2.2. and Section M.2.4.
Question 2: Who are the incumbent contractors currently performing the efforts being recompeted in this solicitation? Please identify the contractor(s)’ name and address, plus the period of performance and the total value of each contract and the contract #’s.
Answer 2: Incumbent names and contract numbers are below; additional information can be obtained by contacting the Freedom of Information Act representatives at: NMLC-FOIA_Requests@med.navy.mil
Northeast Dental MATO
MedTemps: N62645-11-D-5010
Ingenesis Arora Dental LLC: N62645-11-D-5011
AA Dental Staffing Inc.: N62645-11-D-5012
Smallwood Prison Dental Services Inc.: N62645-11-D-5013
Southeast Dental MATO
Medtemps: N62645-11-D-5024
Kuhana Spectrum Health Joint Venture 8A: N62645-11-D-5025
Ingenesis Arora Dental, LLC: N62645-11-D-5026
The OMO Group Inc.: N62645-11-D-5027
Portsmouth Dental MATO
Ingenesis Arora Associates, LLC: N62645-11-D-5028
International Healthcare Staffing Alliance: N62645-11-D-5029
The OMO Group Inc.: N62645-11-D-5030
Smallwood Prison Dental Services, Inc.: N62645-11-D-5031
NE Dental Assistant SATO
Medtemps: N62645-11-D-5021
SE Dental Assistant SATO
Southern Crescent Personnel: N62645-11-D-5020
Question 3: Ref: L.2.2 Volume I: Past Performance and M.2.4.1 (Past Performance Evaluation Factors) Will commercial past performance be evaluated as highly as government past performance?
Answer 3: Commerciality is not a factor for Greater Consideration. See Section M.2.4.4.
Question 4: Ref: L.2.2.1 “…clinical medical or dental services.” AND M.2.4.2. Will clinical medical past performance be considered as highly relevant and equivalent to dental past performance?
Answer 4: No, only performance as defined in section M.2.4.2 will be considered relevant. Section L.2.2.1 has been revised to remove medical performance.
Question 5: Please identify the applicable wage determination for Groton, CT: 2005-2087, 2005-2089, or 2005-3023?
Answer 5: The following Wage Determinations are applicable:
WAGE DETERMINATIONS
Wage Determinations may be found at the following website: http://www.wdol.gov/
The following Wage Determination versions are applicable:
Cherry Point, NC
WD 05-2393 (Rev.-14)
Camp Lejeune, NC
WD 05-2393 (Rev.-14)
Beaufort, SC
WD 05-2473 (Rev.-15)
Charleston, SC
WD 05-2473(Rev.-15)
Jacksonville, FL; Mayport, FL; Kings Bay, GA WD 05-2115 (Rev.-13)
Key West, FL
WD 05-2119 (Rev.-14)
Albany, GA
WD 05-2131 (Rev.-14)
Atlanta, GA; Athens, GA
WD 05-2133 (Rev.-12)
New Orleans, LA; Belle Chasse, LA
WD 05-2233 (Rev.-16)
Meridian, MS
WD 05-2299 (Rev.-14)
Gulfport, MS
WD 05-2301 (Rev.-13)
Millington, TN
WD 05-2495 (Rev.-16)
Corpus Christi, TX; Ingleside, TX; Kingsville, TX WD 05-2507 (Rev.-14)
Fort Worth, TX
WD 05-2513 (Rev.-13)
Pensacola, FL; Corry Field, FL; Milton, FL
WD 05-3033 (Rev.-13)
Portsmouth, VA
WD 05-2543 (Rev.-15)
Groton, CT
WD 05-2089 (Rev.-19)
Great Lakes, Il
WD 05-2167 (Rev.-13)
Annapolis, MD
WD 05-2247 (Rev.-14)
Bethesda MD
WD 05-2103 (Rev.-13)
Quantico, VA
Patuxent River, MD
Brunswick, ME
WD 05-2241 (Rev.-14)
Newport, RI
WD 05-2253 (Rev.-14)
Portsmouth, NH
WD 05-2241 (Rev.-14)
Question 6: Please identify the applicable wage determination for Portsmouth, NH: 2005-2257 or 2005-2339?
Answer 6: See Answer 5.
Question 7: It appears that the ordering period for this contract is only 19 months (but see question regarding conflicting information in the Pricing Spread sheet). This appears to be a very short timeframe for a contract of this magnitude. In another section (page 50) it does indicate that the contract shall not exceed 31 months. Could you please clarify as to why the limited period of performance for this contract? Is this due to the Personal Services nature of the contract?
Answer 7: Due to the Defense Health Agency strategic sourcing initiative the contract will end 30 September 2017. Services may be extended up to 12 months per FAR 52.217-9.
Question 8: Reference:
Pages 2, Section B, which includes CLINS 0001 – 0007, with no optional CLINS
Page 34, Section F, F.1 PERIOD OF PERFORMANCE, which states in part “. No single Task Order shall exceed 12 months in duration, unless options are exercised. The contract ordering period shall not exceed 19 months.”
Page 50, Section I, 52.217-5, Evaluation of Options
Page 50, Section I, 52.217-9, Option to Extend the Term of the Contract, which states in part: “(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 31 months.”
Attachment AG, Supplemental Pricing Sheet, which includes (for example)
CLIN 0004AA, Base Period: 01 June 2016 through 30 September 2016
CLIN 1004AA, Option Period 1: 01 October 2016 through 30 September 2017
It appears that in some sections of the RFP (Section F) it anticipates a single ordering period of 19 months. In other sections, it appears that there will be 2 option periods, with a base period of 4 months, and an option period of 12 months, which totals 16 months. In another place (page 50), it refers to “exercise of any options… shall not exceed 31 months.” Please clarify as to whether there will be option periods, and what the total number of months is expected to be: 16, 19, or 31 months?
Answer 8: There are no options on the Contracts; options will be on the Task Orders. The total number of months for the ordering period is 19, including base and all options. Each period (base and options separately) shall not exceed 12 months. Per FAR 52.217-9 the Government may extend the term of the task order (by up to 12 months) which may result in a total period of performance (base plus all options) of 31 months. The services being procured are currently on different MATOs/SATOs which expire at different times which is reflected in different ordering periods in the pricing sheet. Not all Task Orders will be for the same duration.
Question 9:
Reference:
Page 4, Section B, which includes CLIN 0005, Dental Subspecialist.
Page 4, Section B, includes CLIN 0005, Dental Subspecialists which it notes Any dental subspecialties recognized by the American Dental Association, such as Endodontists, Prosthodontists, Orthodontists, etc. However, none of the lots include CLIN 0005 or 1005 for pricing purposes. How will this CLIN be evaluated for price?
Answer 9: There are currently no Dental Subspecialty requirements and are therefore not included in the Lots. Services under CLIN 0005 may be ordered under this MATO and will be evaluated through proposals received in response to a Task Order Proposal Request from contract awardees.
Question 10: Are there any other collective bargaining agreements either in place or in process for at any location or position under this solicitation?
Answer 10: Any Collective Bargaining Agreement is an arrangement between the contractor and its employees. The Government does not become involved in this process.
Question 11: Do the hours represented in CLINs 0001-0005 reflect a period of performance of 01Mar 2016 - 30 Sept 2017?
Answer 11: The quantities outlined in the CLINs reflect an ordering period of 01 March 16 through 30 September 2017.
Question 12: Section 8.1.1.1 specifies that all privileged HCW’s must have two years’ experience within the past two years. Section C.8.2.12 indicates that general dentists should have experience of at least 12 months within the preceding 36 months. And the specialty dentists require two years’ of experience, of which at least 6 months had to occur within the previous 24. Please clarify the discrepancy in the requirements. Please also note that requiring two years’ of experience within the past two years is very restrictive.
Answer 12: There are requirements for all HCWs unless otherwise stated. Some positions require additional/supplemental qualifications.
SUMMARY OF CHANGES
Section L.2.2.1
Changed From: The offeror shall complete a maximum of six Past Performance Information Sheets (Section L Enclosure 1). Each of the Past Performance Information Sheets shall be completed in its entirety. The Past Performance Information listed on each sheet shall be for clinical medical or dental services. If more than 6 Past Performance Information Sheets are provided, only the first six will be considered. Each Past Performance Information Sheet shall identify no more than one Point of Contact (POC). Each Past Performance Information Sheet may include multiple contracts or one or more task orders under single IDIQ contracts. The same contract may appear on more than one Past Performance Information Sheet if more than one POC exists. If more than one POC is provided for any Past Performance Information Sheet, only the first POC will be considered. Each Past Performance Information Sheet shall not exceed one page. If a Past Performance Information Sheet contains more than one page, only the first page will be considered. Contracts cited must be current, or have ended not more than three years prior to the closing date of the solicitation. If the contract performance ended more than three years prior to the closing date of the solicitation it will be determined not relevant.
Changed To: Changed From: The offeror shall complete a maximum of six Past Performance Information Sheets (Section L Enclosure 1). Each of the Past Performance Information Sheets shall be completed in its entirety. The Past Performance Information listed on each sheet shall be for clinical dental services. If more than 6 Past Performance Information Sheets are provided, only the first six will be considered. Each Past Performance Information Sheet shall identify no more than one Point of Contact (POC). Each Past Performance Information Sheet may include multiple contracts or one or more task orders under single IDIQ contracts. The same contract may appear on more than one Past Performance Information Sheet if more than one POC exists. If more than one POC is provided for any Past Performance Information Sheet, only the first POC will be considered. Each Past Performance Information Sheet shall not exceed one page. If a Past Performance Information Sheet contains more than one page, only the first page will be considered. Contracts cited must be current, or have ended not more than three years prior to the closing date of the solicitation. If the contract performance ended more than three years prior to the closing date of the solicitation it will be determined not relevant.
Section C.8.
Changed From: SPECIFIC QUALIFICATIONS THAT APPLY TO LABOR CATEGORIES THROUGHOUT THE DURATION OF THE CONTRACT. Experience and additional/supplemental qualifications will be addressed in the task order for each labor category.
Changed to: SPECIFIC QUALIFICATIONS THAT APPLY TO LABOR CATEGORIES THROUGHOUT THE DURATION OF THE CONTRACT. Additional/supplemental qualifications will be addressed in the task order for each labor category.
Section C.8.1.1.
Changed From: Unless otherwise specified in the task order, each HCW requesting clinical privileges shall have 2 years of experience within the past 2 years to demonstrate clinical competency in the clinical discipline required and as specified by the contract and/or task order.
Changed To: Notwithstanding the experience requirements listed below for each labor category, each HCW proposed for a credentialed position must have pertinent clinical experience within the past two years sufficient to demonstrate current clinical competency for the setting and procedures required by the contract and individual Task Order.
Section L, Enclosure 6, CLIN 0003DA
Changed From:
STATEMENT OF WORK
General Dentists
Naval Hospital Pensacola, FL
(CLINs 0003DA, 0003DA01, 0003DB, and 0003DB01)
1. Labor Category.
1.1. The contractor shall provide personnel from the following labor category:
General Dentists (4 individuals)
2. Locations. The contractor shall provide four individual general dentists in support of the Naval Hospital Pensacola, FL. Services shall be provided as follows:
Naval Branch Health Clinic (NBHC), Naval Air Technical Training Center (NATTC) Pensacola, FL - 3 individuals
NBHC Naval Air Station (NAS), Pensacola, FL – 1 individual
Changed To:
STATEMENT OF WORK
General Dentists
Naval Hospital Pensacola, FL
(CLINs 0003DA, 0003DA01, 0003DB, and 0003DB01)
1. Labor Category.
1.1. The contractor shall provide personnel from the following labor category:
General Dentists (2 individuals)
2. Locations. The contractor shall provide two individual general dentists in support of the Naval Hospital Pensacola, FL. Services shall be provided as follows:
Naval Branch Health Clinic (NBHC), Naval Air Technical Training Center (NATTC) Pensacola, FL - 1 individual
NBHC Naval Air Station (NAS), Pensacola, FL – 1 individual
SECTION C - DESCRIPTIONS AND SPECIFICATIONS
The following have been modified:
STATEMENT OF WORK
NOTE 1: The use of Commanding Officer/Commander means: Commanding Officer/Commander or other activity head, or designated representative, e.g., Contracting Officer’s Representative (COR) or Department Head, of the activity designated in a particular task order.
NOTE 2: The term Contractor means the offeror identified in block 15A of Standard Form 33 and its Health Care Workers (HCWs) who are providing services under task orders placed under the contract.
NOTE 3: The term HCW refers to the individual(s) providing services under the contract.
NOTE 4: The term DTF/MTF refers to the Dental Treatment Facility/Military Treatment Facility or other Federal medical treatment facility at which services are performed.
NOTE 5: The term Contracting Officer’s Representative (COR) refers to the government employee appointed in writing by the Contracting Officer to serve as technical liaison between the government and the Contractor.
STATEMENT OF WORK
C.1. This Statement of Work (SOW) applies to all positions encompassed within the contract. Specific Statements of Work for the government’s requirements ordered from the maximum order quantities in Section B, (Contract Line Item Number (CLIN) 0001-0007 are provided as Enclosure 3 through Enclosure 11 in Section L. Subsequent quantities shall be ordered in accordance with Section H.
C.1.1. The Contractor shall provide HCWs in accordance with the terms and conditions of the contract and each task order issued under the contract.
C.1.2. Contractor services shall be provided for the treatment of active duty military personnel, their dependents, eligible DoD civilian employees, and other eligible beneficiaries designated by the government.
C.2. SUITS ARISING OUT OF MEDICAL MALPRACTICE
C.2.1. The HCWs are serving at the DTF/MTF under a personal services contract entered into under the authority of section 1091 of Title 10, United States Code. Accordingly, section 1089 of Title 10, United States Code shall apply to personal injury lawsuits filed against the HCW(s) based on negligent or wrongful acts or omissions incident to performance within the scope of this contract.
C.2.2. The HCWs are not required to maintain medical malpractice liability insurance. In the event of a claim or lawsuit relating to the HCW's performance of duties under this contract, the parties shall follow the procedures established in SECNAVINST 6300.3A, a copy of which can be viewed at http://doni.daps.dla.mil/.
C.2.3. HCWs providing services under the contract shall be rendering personal services to the government and shall be subject to day-to-day supervision and control by government personnel. Supervision and control is the process by which the individual HCW receives technical guidance, direction, and approval with regard to a task(s) within the requirements of this contract.
C.2.4. The personal services contract does not create an employer-employee relationship between the government and any corporation, partnership, business association, or other party or legal entity with which the individual HCW may be associated.
C.3. SCHEDULES, ABSENCES, AND LEAVE. Each task order will specify the work schedule of each HCW. The government will administer the leave provisions in this Section.
C.3.1. Unless otherwise specified in a task order, eight hours of personal leave are accrued by each HCW at the end of every 80 hour period worked, unless conditions specified in Section C.3.11., below, apply. The HCW shall be compensated by the government for these periods of authorized planned absence. This leave shall be used for both planned (vacation) and unplanned (sickness) absences. The specific work schedule for an individual HCW who accrues leave will be scheduled in advance by the government supervisor (or designee) specified in the task order. Any changes in the schedule shall be coordinated between the individual HCW and the government.
C.3.1.2. Each HCW shall adhere to DTF/MTF/supervisor policies and procedures for requesting leave, including requirements for advance notice. Requests by HCWs for taking accrued leave are subject to approval by the supervisor (or designee). Leave shall be used only in quarter hour increments.
C.3.1.3. Unless otherwise negotiated between the Contracting Officer, the DTF/MTF, and the Contractor as specified in the contract or applicable task order, the DTF/MTF will administer a HCW’s leave in accordance with the guidelines for federal civil service employees. These guidelines relate to, among other topics, annual leave, administrative leave, leave without pay (LWOP), and holidays.
C.3.1.4. Contractors and HCWs shall ensure that leave requests are submitted with sufficient time in advance to allow the supervisor to adequately plan for adequate staffing levels. Unless otherwise specified in a Task Order, all accrued leave shall be used within 90 days following the completion of a Task Order if a Logical Follow-on Task Order, as defined in Section H.2., has been issued or within the first 90 days of the exercised option period under a Task Order. If a Logical Follow-on Task Order is not issued or if an option period under a Task Order is not exercised, all unused leave shall be either used by the end of the Task Order or option period of performance or forfeited. If leave is carried over beyond the completion date of the Task Order (i.e. to be used in the subsequent 90 days), the government reserves the right to require the HCW to provide the supervisor and COR with a schedule for the use of that leave not later than the first workday of the Logical Follow-on Task Order or not later than the first workday of the exercised option period of the Task Order. HCWs shall not presume that their leave schedule has been approved unless notified, in writing, by the supervisor. The government will make every effort to accommodate all leave requests; however, the Commanding Officer reserves the right to unilaterally deny these leave requests to meet the demand for patient care.
C.3.1.5. The government will compensate the Contractor for periods of authorized absence. The Contractor shall, in turn, compensate the HCW for periods of authorized absence.
C.3.1.6. If the HCW is absent for three or more consecutive unplanned days, the Commanding Officer may require written documentation from a qualified health care provider that the HCW is free from communicable disease. The government reserves the right to examine and/or re-examine any HCW who meets this criterion.
C.3.1.7. At the discretion of the Commanding Officer and subject to the advance approval by the supervisor, COR, and the Contractor, a HCW shall enter a LWOP status upon exhaustion of any leave balance. Unless waived by the Contracting Officer, the Contractor shall replace any HCW who has been on LWOP status for a total of 40 hours per task order. At the discretion of the Commanding Officer, LWOP taken in conjunction with family or medical leave is not subject to this limitation, but must be approved in advance by the Commanding Officer or designee.
C.3.1.8. Upon request by the Contractor (on behalf of the HCW) to the government supervisor, a maximum of 12 weeks of family or medical leave, accrued leave plus LWOP, may be granted to the HCW if the circumstances specified in the Family and Medical Leave Act (FMLA), Sec. 102, apply.
C.3.1.9. Military Leave.
C.3.1.9.1. During DTF/MTF check-in processing, HCWs shall report their Armed Forces Reserve/National Guard status to the DTF/MTF COR and provide copies of their Reserve/National Guard appointments. HCWs shall follow the policies of the DTF/MTF with respect to notification of scheduled military duties to the Commanding Officer.
C.3.1.9.2. Requests for compensated or uncompensated leave for active duty, active duty training and inactive duty (regularly scheduled unit) training will be granted in amounts necessary to cover the periods of training and related travel. The aggregate of the leave amounts approved shall not exceed 15 days per fiscal year for full-time contract HCWs; prorated amounts will be approved for part-time contract HCWs. This type of military leave may be taken by the HCW intermittently (1 entire day or more at a time) to correspond with the training schedule of the individual’s Reserve component or National Guard unit. A maximum of 15 days of military leave may be carried over by a HCW into the next fiscal year, provided a logical follow-on task order has been issued by the government or the government has exercised an option to extend contract performance under the existing task order.
C.3.1.9.3. Full-time HCWs performing under this contract who are ordered by the President, the Secretary of Defense or a State Governor to perform military duties in support of civil authorities in the protection of life or property, and those full-time HCWs who are ordered to perform full-time military services as a result of a call or order to active duty in support of a contingency operation as defined in 10 U.S.C. 101(a)(13) may request up to 22 days of compensated or uncompensated military leave per calendar year. Similarly situated part-time contract HCWs may request prorated amounts of leave. All such requests must be accompanied by copies of the official orders issued to the HCW.
C.3.1.9.4. With respect to all military leave requested and granted according to this section, the HCW shall choose to either (a) take compensated leave to be calculated according to the contractor’s task order proposal for his or her position, with no entitlement to receive active duty pay, or (b) be placed in a leave without pay (LWOP) status under the task order and retain his or her entitlement to active duty pay.
C.3.1.10. Administrative leave may be granted for HCWs selected to serve jury duty. Requests for administrative jury duty leave shall be submitted to the Commanding Officer in the same manner as personal leave is requested. The HCW is required to provide the Commanding Officer with as much written notice as possible prior to reporting for jury duty, and is responsible for supplying documentation regarding the necessity for and length of absence for jury duty. A HCW whose position is deemed critical by the Commanding Officer may be issued a written request for the court to excuse the HCW from jury duty. The HCW shall be compensated by the Contractor for these periods of authorized administrative leave. No individual HCW will be granted more than 15 days of administrative leave for jury duty per year; in those instances where a contract HCW who accrues leave is anticipated to be in jury duty status in excess of 15 days, the Contractor shall provide a replacement worker.
C.3.1.11. In the event that a task order allows a leave accrual position to be staffed by part-time individuals, no leave will be accrued by any individual who works fewer than 40 hours during a two-week invoice period, unless otherwise specified in the task order. This clause does not apply to labor categories covered by the Service Contract Act.
C.3.1.12. All accrued leave shall be forfeited without compensation or reimbursement at the expiration or termination of a task order or the contract or at the voluntary or involuntary separation of a contract HCW. The only exception to this is in the case of a logical follow-on task order or exercise of an option period, which includes a provision for carry over from the expiring task order of a specified maximum leave balance for a defined period. See Section C.3.1.4.
C.3.1.12.1. In the event that the HCW gives notice of employment termination, all accrued leave must be used within that notice period, or forfeited. The government will not extend the HCWs termination date to accommodate unused leave balances.
C.3.1.13. Holidays. Unless otherwise specified in the task order, requirements for holiday work are defined in each task order. Compensation for holidays will be managed as follows:
C.3.1.13.1. Full-time and Part-time HCWs. Each full-time or part-time individual HCW who accrues personal leave will also receive a paid holiday benefit. If additional federal holidays are created as a result of an Executive Order, the benefit will also be extended to the HCW. The government will compensate the Contractor for the number of hours the HCW is normally scheduled to work on the day on which holiday is observed. The Contractor shall fully compensate the HCW for the number of hours the HCW is normally scheduled to work on the holiday observance.
C.3.1.13.2. A HCW who is not normally scheduled for duty on the day a holiday is observed will not be compensated for the holiday. For example, a HCW who works 10 hours per day, Tuesday through Friday, will not receive compensation for a Monday holiday, since the HCW is not normally scheduled to work on Mondays.
C.3.1.13.3. The government supervisor will review, and approve on a case-by-case basis, HCW requests for schedule changes which remove the HCW from a holiday schedule. The government supervisor will approve the requests as appropriate to the circumstance.
C.3.1.13.4. If the government requires the services of a HCW who is not normally scheduled to work on a day of a holiday observance, the government will compensate the Contractor for the hours worked, and the HCW will receive compensatory time equal to the number of hours worked on the holiday.
C.3.1.13.5. Part-time HCWs who do not accrue leave also do not accrue a holiday benefit or a holiday created by Executive Order. The government will compensate the Contractor only for the number of hours the HCW actually works.
C.3.1.13.6. In no instance will the government provide holiday compensation or compensatory time in excess of 12 hours for each holiday observance.
C.3.2. Provisions for all HCWs.
C.3.2.1. Administrative Leave. For unusual and compelling circumstances (e.g., weather emergencies) in which the Commanding Officer either excuses all facility personnel from reporting to work or dismisses all personnel early, the Commanding Officer is authorized to grant administrative leave to the HCW. This administrative leave may be compensated leave. Personnel who occupy “essential” positions may be required to remain on duty or return to the DTF/MTF in order to maintain continuity of patient care services.
C.3.2.2. Furlough. Unless otherwise authorized by a defense appropriations bill, Contractors shall not be reimbursed by the government for services not rendered during a government furlough. In the event of a government furlough, the Commanding Officer will determine which HCWs are considered essential and therefore must report to work. HCWs deemed essential shall be compensated for services rendered during a furlough. All other HCWs shall be furloughed until the government shutdown ends or they are notified by the Contracting Officer’s Representative that they have become essential HCWs.
C.3.2.3. A HCW with a bona fide medical emergency occurring while on duty, or with an on-the-job injury, will be provided stabilizing medical care according to the procedures of the DTF/MTF. The Contractor shall reimburse the government for all medical services provided unless the HCW is otherwise entitled to government medical services.
C.3.2.4. In the instance where the government directs the HCW to remain on duty in excess of their scheduled shift due to an unforeseen emergency or to complete patient treatment where lack of continuity of care would otherwise jeopardize patient health, the HCW shall remain on duty. The HCW will be given an equal amount of compensatory time to be scheduled upon mutual agreement of the HCW and the Commanding Officer. This provision is not intended to apply to the time required to complete routine tasks (e.g., completion of paperwork or routine administrative tasks at the end of a shift) which are to be completed as part of the shift. HCWs shall use compensatory time within 2 pay periods and shall be used prior to the end of the task order.
C.3.2.5. HCWs providing services shall (unless otherwise specified in the task order) receive uncompensated meal breaks of 30 minutes when assigned an 8 hour or 10 hour shift and up to 60 minutes when assigned a 12 hour shift. The HCW’s shift will be extended between 30 and 60 minutes, respectively, to constitute a full 8, 10 or 12 hours of on-site service. This includes extending the work shift beyond the scheduled clinic closing time to complete patient care and administrative duties. No shift shall exceed 13 hours unless otherwise specified in the task order.
C.3.2.6. HCWs may receive one compensated work break in the morning and one in the afternoon, work load permitting, at the discretion of the government. Neither break shall exceed 15 minutes or be taken with the intention of extending the lunch break, or in conjunction with the start or end of a shift.
C.3.2.7. Continuing Education. The Commanding Officer may also grant authorization for planned absences to allow the HCW to attend continuing education courses. This is in addition to the personal leave specified above. The government may compensate the HCW for these periods of authorized absence if the continuing education course(s) are determined to be a necessary expense by the government. This determination will be made on a case by case basis, weighing the costs associated with the training of Contractor personnel against the benefit gained by the government in support of the appropriation that will incur the expense. This compensation will not exceed 40 hours per 12 month task order, equivalently apportioned for part-time HCWs and/or partial year task orders. The Commanding Officer may also advance leave for continuing education.
C.3.2.7.1. Unless authorized in advance, the government will not reimburse the HCW for the cost of any training and/or other related expenses (travel). If authorized, the Contractor shall be compensated for those expenses deemed reasonable using the Travel/Training CLIN in Section B. The HCW shall provide proof of attendance and successful completion of continuing education to the Commanding Officer upon return.
C.3.2.7.1.1. The Contractor shall submit an invoice in accordance with Wide Area Work Flow (WAWF) instructions itemizing expenses in amounts allowable by the Joint Travel Regulations (JTR).
C.3.2.7.1.2. All reimbursements will be retrospective, payable only upon presentation of a properly prepared invoice (as specified by the facility) to the COR. The government shall reimburse the Contractor only for actual training costs incurred and authorized travel expenses deemed reasonable. See Section C.11.
C.3.2.7.1.3. The government reserves the right to require additional documentation, including memoranda from the HCW obtaining the training.
C.3.2.7.1.4. Such training shall not be conducted prior to the appropriate funding being applied to CLIN 0008 through a task order or a task order modification.
C.3.2.8. Training necessary to maintain the professional qualifications required by the contract (e.g. Basic Life Support (BLS), Advanced Cardiac Life Support (ACLS), Pediatric Advanced Life Support (PALS), etc.) may be available at the DTF/MTF and/or through Military Training Network on a space available basis. HCWs participating in such training shall not be in a contract duty status, i.e. training hours are not paid hours of service. Failure of the HCW to obtain training on a space available basis does not release the Contractor from the contract requirement.
C.3.2.9. Due to the nature of medical personal services which require government supervision, the need for HCW access to CHCS/AHLTA, and patients that present only at the DTF/MTF, this contract does not lend itself to allow HCWs to telecommute.
C.3.2.10. On-call. On-call service requirements are variable and depend on the current level of government staff and their ability to share on-call services. Specific on-call requirements will be specified in the individual Task Orders. HCWs will be compensated as specified in Section B of the task order.
C.4. FAILURE AND/OR INABILITY TO PERFORM
C.4.1. Should a HCW who accrues leave in accordance with section C.3.1 be unable to perform duties under any task order due to medical or physical disability for more than 13 consecutive days, that individual’s performance under the task order may be suspended by the Contracting Officer until such medical or physical disability is resolved. If performance under the task order is so suspended, no reimbursement shall be made to the Contractor for the affected HCW so long as performance is suspended.
C.4.2. If clinical privileges of a HCW have been summarily suspended or are being held in abeyance (per BUMEDINST 6320.66E (or latest version)), pending an investigation into questions of professional ethics or conduct, performance under the task order may be suspended until clinical privileges are reinstated. No reimbursement shall be made and no other compensation shall accrue to the Contractor for the affected HCW so long as performance is suspended or clinical privileges are held in abeyance. The denial, suspension, limitation, or revocation of clinical privileges based upon practitioner impairment or misconduct will be reported to the appropriate licensing authorities of the state in which the license is held IAW BUMEDINST 6320.66E (or latest version) and BUMEDINST 6320.67A CH01.
C.4.3. A HCW demonstrating impaired judgment will be removed from providing health care services. The government reserves the right to remove a HCW who, in the judgment of a licensed physician, is impaired by drugs or alcohol.
C.4.4. A HCW with alcohol or drug abuse problems may be allowed to return to work under the terms of this contract only with prior approval from the Commanding Officer.
C.5. GENERAL PROVISIONS FOR HCWS.
C.5.1. HCWs shall comply with Executive Order 12731, October 17, 1990, (55 Fed. Reg. 42547), Principles of Ethical Conduct for Government Officers and Employees, and shall also comply with Department of Defense (DOD) and other government regulations implementing this Executive Order.
C.5.2. HCWs shall be neat, clean, well groomed, and in appropriate clothing when in patient care and public areas. All clothing shall be free of visible dirt and stains and shall fit correctly. Fingernails shall be clean and free from dirt, and hair shall be neatly trimmed and combed. HCWs shall display an identification badge, which includes the HCW’s full name and professional status (furnished by the government) on the right breast of the outer clothing. Security badges provided by the government shall be worn when on duty. In addition to the identification badge, the HCWs shall identify themselves as contract personnel in all meetings, telephone conversations, and formal and informal written correspondence with government personnel.
C.5.3. HCWs shall become acquainted with and obey all station regulations, shall perform in a manner to preclude the waste of utilities, and shall not use government resources (i.e. copiers, telephone, and computers, etc.) for personal business. All motor vehicles operated on these installations by HCWs shall be registered with the base security service according to applicable directives. Eating by HCWs is prohibited in patient care areas/clinics and is restricted to designated areas. Smoking is prohibited in all clinic facilities.
C.5.4. The Contractor and all HCWs shall comply with all installation checkout processes. These processes include returning government property, i.e., identification badges, pagers, cellular phones, etc., to the DTF/MTF upon a HCW’s last day of service. Failure to do so promptly may result in delay of payment to the Contractor.
C.5.5. Except as provided in this clause and in Section H, HCWs are not prohibited from conducting a private practice of their professions or from engaging in other employment. However, the HCWs shall not, simultaneously with performance under this contract, engage in other employment that creates a conflict of interest, violates federal law (see Section H), or potentially compromises the quality of their work under this contract. Further, such private practice or other employment shall not be conducted during those hours in which the HCW is required to render services under this contract. HCWs shall make no use of the government facilities or property provided under this contract in connection with other employment. (NAVMED P-117, Chapter 1, Article 1-22 applies (http://www.med.navy.mil/directives/Pages/NAVMEDP-MANMED.aspx).
C.5.6. While on duty, HCWs shall not advise, recommend, or suggest to individuals authorized to receive services at government expense that such individuals should receive services from the HCW when (s)he is not on duty, or from a partner or group associated in practice with the Contractor, except with the express written consent of the Commanding Officer. The Contractor shall not bill individuals entitled to those services rendered pursuant to this contract.
C.5.7. The Secretary of the Navy has determined that the illegal possession or use of drugs and paraphernalia in a military setting contributes directly to military drug abuse and undermines Command efforts to eliminate drug abuse among military personnel. The policy of the Department of the Navy (including the Marine Corps) is to deter and detect drug offenses on military installations. Measures to be taken to identify drug offenses on military installations, and to prevent introduction of illegal drugs and paraphernalia, include routine random inspection of vehicles while entering or leaving, with drug detection dogs when available, and random inspection of personal possessions on entry or exit. If there is probable cause to believe that a HCW has been engaged in use, possession, or trafficking of drugs, the HCW may be detained for a limited period of time until he/she can be removed from the installation or turned over to local law enforcement personnel having jurisdiction. When illegal drugs are discovered in the course of an inspection or search of a vehicle operated by a HCW, the HCW and vehicle may be detained for a reasonable period of time necessary to surrender the individual and vehicle to appropriate civil law enforcement personnel. Action may be taken to suspend, revoke, or deny clinical privileges as well as installation driving privileges. Implicit with the acceptance of this contract is the agreement by the HCW to comply with all federal and State laws as well as regulations issued by the Commanding Officer of the military installation concerning illegal drugs and paraphernalia.
C.5.8. All financial, statistical, personnel, and technical data which are furnished, produced, or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. Such data shall not be released by the Contractor without prior written consent of the COR. Presentation of any statistical or analytical materials, or reports based on information obtained from studies covered by this contract, will be subject to review and approval by the COR before publication or dissemination.
C.5.9. The Contractor shall comply with all applicable federal, state, and local laws, Department of Defense, Department of Navy, Bureau of Medicine and Surgery, and DTF/MTF instructions and policies.
C.5.10. Contract staff shall participate in executing the Emergency Preparedness Plan (drills and actual emergencies) as scheduled by the MTF (typically semiannually). A DTF/MTF personnel re-call list with personal contact information for all military, civil service, and Contractor staff is required to prepare in advance for an actual emergency. Upon commencement of performance, the Contractor shall provide the COR with a list of personal contact information for a designated Contractor representative as well as all Contractor staff performing services. The Contractor shall provide an updated list to the COR bimonthly. Should an emergency occur that will affect the HCW shifts, the designated Contractor representative and the HCWs will be contacted. In the event of an actual emergency, essential Contractor personnel may be required to remain on duty or to return to duty in order to maintain continuity of patient care services.
C.5.11. HCWs providing services under this contract shall arrive for each scheduled shift in a well-rested condition and shall have had at least 6 hours of rest from all other duties immediately prior to reporting for the shift.
C.5.12. HCWs who demonstrate a health or safety risk to patients or staff may be immediately removed from service. In the event of such a removal, the Contracting Officer will request a corrective plan of action from the contractor and may issue a stop work order while the contractor's response, contractor's implementation of the plan, and/or any government investigation is pending. Removal of a HCW for the reasons above does not mitigate the contractor's obligations under this contract.
C.5.13. Each HCW will be assigned to a primary location; however, unless otherwise specified in the task order, the government retains the right to assign the HCW to another location within a 50-mile commuting radius of their assigned DTF/MTF. Healthcare workers shall receive notification two weeks prior to reassignment to locations within a 50-mile limit. The government will consider the use of CLIN 0008 to reimburse HCWs for reassignment within a 50-mile limit on a case by case basis.
C.6. PERSONNEL QUALIFICATIONS. The Contractor shall provide personnel having the specified minimum levels of training and experience. General qualifications that apply to all HCWs are given in Section C.7. Specific qualifications for various labor categories are given in Section C.8. Additional and/or supplemental qualifications specific to a particular Task Order are contained in the applicable Task Order. Additional/supplemental qualifications may include, but are not limited to, experience or other professional certifications appropriate to the particular labor category.
C.7. GENERAL QUALIFICATIONS THAT APPLY TO ALL HCWS THROUGHOUT THE DURATION OF THE CONTRACT.
C.7.1. HCWs shall read, write, speak, and understand the English language fluently and maintain good communication skills with patients and other health care personnel.
C.7.2. HCWs shall be physically capable of standing and/or sitting for extended periods of time and physically capable of performing all services required under the task order.
C.7.3. HCWs shall be in good standing and under no sanction or suspension by the federal government.
C.7.4. In order to carry out the duties required by the contract, all HCWs will be required to access Navy information technology networks/systems containing sensitive information. Only HCWs who are U.S. citizens can be granted access to Department of Navy (DON) Information Technology networks/systems and sensitive information (see Section H, Information Technology/Sensitive Information Security Requirements and Section J, Attachment AA Citizenship Requirements ).
C.7.5. HCWs shall represent an acceptable malpractice risk to the government.
C.7.6. HCWs shall be in good standing, and under no restrictions, with the state licensure board in any state in which a license is held or has been held within the last 10 years.
C.7.7. Each healthcare worker shall possess and maintain current certification in either the American Heart
Association Basic Life Support (BLS) for Healthcare Providers or American Heart Association Healthcare Provider
Course. HCWs who do not hold current certification must acquire certification prior to initiating contract performance. Web based classes do not meet these standards. Other certification may be acceptable as specified in the task order. Certification cards must display the American Heart Association or Military Training Network emblem. A copy of the BUMED BLS instruction (BUMEDINST 1500.15c) is available at http://www.med.navy.mil/directives/Pages/BUMEDInstructions.aspx C.7.8. HCWs shall be current with and have completed all continuing education requirements specified by their professional licensure or certification.
C.7.9. Occupational Health
C.7.9.1. Sixty days or less prior to performance of services by the HCW, the HCW shall obtain, at Contractor expense, documentation of required immunizations and physical testing, and a statement from the HCW's licensed medical practitioner or a report of a physical examination. The physical examination and immunization documentation shall indicate that the HCW is free from mental or physical impairments that would restrict the HCW from providing the services described herein. The requirements are provided on the HEALTH EXAMINATION AND IMMUNIZATION/SCREENING REQUIREMENT FORM, the current version of which is available at: http://www.med.navy.mil/sites/nmlc/public_docs/Physical%20Exam%20and%20Immunization%20Form.pdf .
The Contractor shall always obtain the current version from the web page and shall have the form completed in its entirety in accordance with its instructions. The facility shall identify any incumbent HCWs who are not required to complete this documentation after contract award. Declinations shall only be permitted based on either the HCW’s religious convictions or medical contraindications (as documented by a qualified health care provider). The Hepatitis B vaccine declination can be found on the World Wide Web at http://www.osha.gov/SLTC/etools/hospital/hazards/bbp/declination.html.
C.7.9.1.1. Except for those workers who decline Hepatitis B vaccine as given above, the Hepatitis B requirements given in HEALTH EXAMINATION AND IMMUNIZATION/SCREENING REQUIREMENT FORM provide that a HCW must either show a positive titer or demonstrate persistent non-response to the vaccine. A HCW may be approved for service at the DTF/MTF prior to achieving a Hepatitis B positive titer or demonstrating a persistent non-response according to the following provisions:
C.7.9.1.1.1. A HCW must receive the first vaccination of his/her initial vaccination series prior to commencing service under the contract and must complete the series not later than 6 months after commencing service and, if a negative titer is obtained, must complete the second series within another 6 months; or
C.7.9.1.1.2. A HCW who has completed his/her initial series and obtained a negative titer must commence his/her second vaccine series prior to commencing service and must complete the second series not later than 6 months after commencing service.
C.7.9.1.2. HCWs approved according to the provisions above will be considered persistent non-responders until there is evidence to the contrary and will be counseled by a licensed practitioner regarding the implications of non-response.
C.7.9.1.3. If a HCW fails to comply with the applicable schedule above, the Contractor shall replace the HCW if so directed by the Contracting Officer.
C.7.9.2. Except as provided in Paragraph C.7.9.3 and C.7.9.4. below, no medical tests or procedures required by the contract may be performed in the DTF/MTF. Expenses for all required tests and/or procedures shall be borne by the Contractor at no additional expense to the government.
C.7.9.3. HCWs shall agree to undergo personal health examinations and such other medical and dental examinations at any time during the term of this contract, as the Commanding Officer may deem necessary for preventive medicine, medical surveillance, performance improvement, or privileging purposes. These examinations will be provided by the government. If the Contractor chooses, these examinations may be provided by private physician or dentist, at no expense to the government.
C.7.9.4. It is essential that HCWs be vaccinated annually against influenza according to BUMED and CDC guidelines aimed at reducing the impact of influenza disease in health care settings. The government will provide the influenza vaccine free of charge. If the HCW chooses to be immunized by the government, the HCW shall sign a waiver releasing the Government from legal liability in accordance with local procedures and policies. Alternately, the HCW may obtain the vaccine at another facility, with the HCW bearing the total cost, and provide proof of vaccination to the government. If the HCW declines vaccination, a signed declination form shall be provided to the government in accordance with CDC recommendations and DTF/MTF policies.
C.7.9.5. HCWs who do not show a positive antibody titer after immunization and appear to have a "non-immune" status must report varicella exposure to the COR. In accordance with CDC Recommendations, such HCWs may be removed from patient care duties beginning on the tenth day following exposure and remain away from work for the maximum incubation period of varicella (21 days).
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