N62645-14-R-0039_Amendment_0002.doc

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:

ADDITIONAL QUESTIONS

1. LOT B - The total does not include all of the CLINs. The totaling formula is not all inclusive.

-The pricing sheet has been revised

2. LOT C and I - Some of the CLIN amounts are created by a math formula such as .6 * 704 which does not result in a whole number.

-Those positions are required for 2088 hours per year. The pricing sheet rounds accordingly for services that are not 1 Full Time Equivalent.

The following have been deleted:

SUMMARY OF CHANGES

QUESTIONS/ANSWERS

SECTION B - SUPPLIES OR SERVICES AND PRICES

CLIN 0001

The pricing detail quantity has increased by 75,920.00 from 484,131.00 to 560,051.00.

CLIN 0002

The pricing detail quantity has increased by 143,520.00 from 914,112.00 to 1,057,632.00.

CLIN 0003

The pricing detail quantity has increased by 609,096.00 from 421,466.00 to 1,030,562.00.

CLIN 0004

The pricing detail quantity has increased by 4,680.00 from 29,808.00 to 34,488.00.

CLIN 0005

The pricing detail quantity has increased by 2,600.00 from 16,560.00 to 19,160.00.

SECTION F - DELIVERIES OR PERFORMANCE

The following Delivery Schedule item for CLIN 0001 has been changed from:

POP 01-MAR-2016 TO

30-SEP-2017

SEE DO/TO

SEE DO/TO MD

FOB: Destination N00000

To:

POP 01-MAR-2016 TO

31-DEC-2017

SEE DO/TO

SEE DO/TO MD

N00000

The following Delivery Schedule item for CLIN 0002 has been changed from:

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

The following Delivery Schedule item for CLIN 0003 has been changed from:

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

The following Delivery Schedule item for CLIN 0004 has been changed from:

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

The following Delivery Schedule item for CLIN 0005 has been changed from:

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

The following Delivery Schedule item for CLIN 0006 has been changed from:

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

The following Delivery Schedule item for CLIN 0007 has been changed from:

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

POP 01-MAR-2016 TO

SEE DO/TO

SEE DO/TO MD

N00000

The following have been modified:

PERFORMANCE

F.1 PERIOD OF PERFORMANCE

Periods of Performance shall be detailed in individual Task Orders written under the contract awarded as a result of this solicitation.

The contracts awarded as a result of this solicitation will have an ordering period starting on 01 March 2016. The Contracting Officer reserves the right to adjust the start date of service based on the actual award date. No single Task Order shall exceed 12 months in duration, unless options are exercised. The contract ordering period shall not exceed 22 months.

F.2 PLACE OF PERFORMANCE

Places of performance shall be detailed in individual Task Orders written under the contract awarded as a result of the solicitation.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

The following have been modified:

SECTION H

NOTE 1: Before submitting a proposal in response to the solicitation, prospective offerors are encouraged to investigate the potential tax consequences should they elect to perform on the resulting contract by using individuals who are not carried on their payrolls as employees. Under this RFP, resulting contracts or its task orders, the Navy does not dictate whether the individual health care workers would be classified by the successful offeror as an "independent contractor" or an "employee” for federal tax purposes. This determination shall be made solely by the offeror. If subsequent to award the successful offeror's determination is challenged, this shall be a matter to be resolved between the offeror and the Internal Revenue Service. The Navy will not consider favorably any request for the equitable adjustment to the contract upon the successful offeror's receipt of an adverse action by the IRS.

NOTE 2: For those offerors planning to engage in a teaming arrangement or to use subcontractors, a conflict of interest may be created if a company is identified as a prime contractor, teaming partner/subcontractor, or as a member of a Joint Venture on more than one proposal. A conflict of interest may also be created if key personnel from a prime contractor, teaming partner/subcontractor, or a Joint Venture are identified on more than one proposal. The Government's strong preference is that each company and its key personnel participate in only one proposal. If the Contracting Officer concludes during proposal evaluation that a potential conflict of interest exists the contracting officer reserves the right to require a conflict of interest mitigation plan from the prime contractors (offerors) of those proposals. If an offeror fails to submit a plan, or submits an inadequate plan, the offer may not be considered.

H.1. TASK ORDER CONTRACT.

H.1.1. The Government intends this solicitation to result in award of multiple award task order, indefinite delivery indefinite quantity (ID/IQ), contracts. Services will be procured via the award of Task Orders issued against the basic contracts. Task Orders will be awarded on a firm fixed price basis via a DD Form 1155 signed by the Contracting Officer. Task Orders will be executed in writing by the Contracting Officer and transmitted electronically via e-mail.

H.1.2. Scope of Each Task Order. The Contracting Officer may negotiate a modification with a current contractor to increase previously competed services if the additional services do not exceed the scope of the contract. To remain within scope of the task order the additional services shall not represent more than one full time equivalent position or more than 20% of the total competed labor hours on the entire task order, whichever is greater.

H.1.3. The contractor shall, when requested by the Contracting Officer, provide the pay statement(s) of an individual(s) providing services under this contract. The pay statement(s) shall not contain Personally Identifiable Information (PII). The Government reserves the right to require additional documentation.

H.1.4. The resultant contract shall be performed in accordance with detailed obligations to which the contractor committed itself to in its proposal dated (To be filled in at contract award) in response to NMLC Solicitation N62645-14-R-0039. Note that the Technical volume will be incorporated as part of any subsequent award in Section J, Attachment AH of the contract.

H.1.4.1. The contractor shall not engage a teaming partner (subcontractor, partner, mentor, protégé, parent company, sister company, etc.) that is not mentioned in their technical proposal to procure services under the resultant contract without prior written approval of the Contracting Officer. Changes regarding teaming partners or duties and roles of the teaming partners as described in the technical proposal shall not be made under the resultant contract without prior written consent of the Contracting Officer.

H.1.5. The Contractor shall furnish qualified health care workers in accordance with Section C (Statement of Work), individual Task Orders for these services, and all other terms and conditions set forth herein. Government requirements for contracted health care personnel shall be filled in response to Task Orders issued by the Government against the contract.

H.1.6. The following activity is the sole authority to issue Task Orders:

Naval Medical Logistics Command

Acquisition and Analytics Directorate, Code 05 693 Neiman Street

Fort Detrick, MD 21702

H.1.7. Each Task Order will contain at a minimum the following information:

· The date of order

· Contract number and order number

· Description of services (labor category, position qualifications, place of performance, hours of operation, and quantity required)

· The unit price

· The period of performance

· Option periods may be included as appropriate.

· Accounting and appropriation data

· Payment office address

· Invoicing and acceptance instructions

· Name of the Contracting Officer’s Representative (COR)

· Any other pertinent data

H.1.8. Location of services.

H.1.8.1. Performance of various Dental services to include Dental Hygienist, Dental Assistant, General Dentist, Dental Laboratory Technician and Dental Subspecialist labor bands at Dental Treatment Facilities (DTFs)/Military Treatment Facilities (MTFs) in the Eastern Region of the United States to include: Naval Medical Center Portsmouth, VA; Naval Health Clinic Annapolis, MD; Naval Health Clinic Patuxent River, MD; Naval Health Clinic Quantico, VA; Naval Health Clinic Newport, RI; Naval Health Clinic Great Lakes, IL; Naval Branch Health Clinic Groton, CT; Naval Branch Health Clinic Portsmouth, NH; Naval Hospital Camp Lejeune, NC; Naval Branch Health Clinic Saratoga Springs, NY; Naval Hospital Beaufort, SC; Naval Hospital Cherry Point, NC; Naval Health Clinic Charleston, SC; Naval Hospital Jacksonville, FL; Naval Health Clinic Corpus Christi, TX; Naval Hospital Pensacola, FL; Navy Medicine Operational Training Center Pensacola, FL and any associated branch clinics. Supplementation of personnel at any DoD or Coast Guard Military Treatment Facility (MTF) who have been granted authority under §10 USC 1091 and whose personnel are located within the states of Alabama, Arkansas, Connecticut, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin as well as within the District of Columbia shall be considered within the scope of the solicitation.

H.1.8.2. In the event that performance requirements at a particular facility differ slightly from that expressed in Section C, those differences shall be defined in the Task Order statement of work.

H.1.8.3. The Government reserves the right to reassign health care workers within a DTF/MTF to meet patient demand.

H.1.9. Maximum Quantities. All available quantities for this contract are given in Contract Line Item Numbers (CLINs) 0001, 0002, 0003, 0004, and 0005 in Section B. CLINs 0006 is cost reimbursable and is based on joint travel regulations. CLIN 0007 is cost reimbursable.

H.1.10. The estimated ordering period is for 22 months, beginning at the start of contract services, or until the time the Government has issued Task Orders totaling the sum of the maximum quantities. The period of performance for the base period or any option periods of a Task Order shall be of one year or less in duration.

H.2. LOT AWARDS FOR INITIAL TASK ORDERS

H.2.1. Lots consist of initial quantities to be awarded at the time basic contracts are awarded. The Government reserves the right to adjust the quantities within each lot based on need and/or available funding. The details for each Lot are outlined in Section L, enclosures 3-11 of solicitation N62645-14-R-0039.

H.2.2. Only those offerors that were selected for an IDIQ contract award in accordance with the evaluation criteria stated in Section M of solicitation N62645-14-R-0039 will be evaluated for Lot Awards. Past Performance and Technical volumes submitted in response to solicitation N62645-14-R-0039 will be evaluated in accordance with the evaluation factors listed in the solicitation and used to determine contract awardees only. The Past Performance and Technical volumes will not be considered for lot award purposes; each lot award determination will be based solely on the price reasonableness and price realism for that Lot.

H.2.3.The Business volume submitted in response to solicitation N62645-14-R-0039 will be evaluated with consideration to the following factors for lot awards:

H.2.3.1. Reasonableness. The offeror’s Business volume will be examined to determine the degree to which the proposed hourly prices and total price for each lot compares to the prices a reasonable prudent person would expect to incur for the same or similar services. The Contracting Officer reserves the right to award at a premium, provided that the proposed price is determined to be reasonable.

H.2.3.2. Realism. The Contracting Officer will use the minimum compensation information to determine the price realism of the proposed compensation and may use the minimum and average compensation information to assist with lot award determinations. The proposed compensation rates will be examined to identify the risk of personnel recruitment and retention problems during contract performance. The realism examination will be performed for the base period and any option periods.

H.2.4. Lot awards may be made on the basis of initial offers without discussions. Lot awards may be made to other than the lowest priced proposal. A premium may also be considered to facilitate the award of lots to meet the requirements of Section H.2.5. Offerors are therefore cautioned that their initial offer should contain the offeror’s best terms.

H.2.5. A single award will be made per lot. Each contract awardee will be awarded a minimum of one lot. The number of lots, amount of services required, and the total dollar value of the lots awarded to each contract awardee may vary. Within the parameters established by H.2, the Contracting Officer has broad discretion in determining which contract awardee should receive an individual lot award.

H.3. TASK ORDER PROCEDURES FOR SUBSEQUENT AWARDS

H.3.1. After lot awards are determined all additional requirements will be issued under task order procedures for subsequent awards.

H.3.2. When placing orders, the Contracting Officer is not required to prepare formal evaluation plans, score offers, post notice on the Federal Business Opportunities (FedBizOpps) web site (except when using an exception to fair opportunity) or hold discussions or negotiations with each awardee. Even though the Contracting Officer is not required to comply with the competition rules in Part 6 of the Federal Acquisition Regulation and is not required to conduct discussions before issuing an order, there will be an internal record of why a particular offeror provided the best value based on the particular requirements of each Task Order.

H.3.3. Fair Opportunity For Consideration. One or more Task Orders will be issued during the performance period of the contract. The Government will provide all awardees a fair opportunity for consideration. In accordance with FAR 16.505(b), the Contracting Officer will give each awardee a "fair opportunity" to be considered for each order in excess of $3,000 unless one of the conditions in paragraph H.3.4 applies.

H.3.4. Exceptions to Fair Opportunity for Consideration. Awardees will not be given a fair opportunity to be considered for Task Orders which are expected to exceed $3,000 when the Contracting Officer determines one of the following conditions apply:

H.3.4.1. The agency need for services is of such urgency that providing such an opportunity would result in unacceptable delays;

H.3.4.2. Only one awardee is capable of providing the services required at the level of quality required because the services ordered are unique or highly specialized;

H.3.4.3. The order should be issued on a sole-source basis in the interest of economy and efficiency as a logical follow-on to a Task Order already issued under this contract, provided that all awardees were given fair opportunity to be considered for the original order. For the purposes of this solicitation the contracting officer may negotiate a sole source logical follow-on Task Order with the current contractor providing previously competed services. In the event an increase in the amount of previously competed services is required by the Government, the Contracting Officer may negotiate a sole source logical follow-on Task Order with the current contractor provided the required additional services do not represent more than one full time equivalent position or 20% of the total competed labor hours on the entire Task Order, whichever is greater. When deciding whether to negotiate a sole source logical follow-on Task Order with the current contractor, consideration will be given to the contractor's Past Performance, continuity of HCW services, and price.

H.3.5. Task Order Proposal Request (TOPR).

H.3.5.1. The Contracting Officer will issue a written Task Order Proposal Request (TOPR) and will forward it to all awardees unless one of the exceptions to the fair opportunity for consideration listed above in H.3.4 applies.

H.3.5.2. The TOPR will include as a minimum the following information:

* The due date for proposal submission (generally between 7 and 14 days following the date of the TOPR).

* A description of the services, including minimum qualification requirements and specific factors.

* The place of performance.

* The period of performance including the quantity required.

* Option periods may be included as appropriate.

* Any additional instructions for proposal submission not contained in this section.

* Any other information deemed appropriate by the Contracting Officer.

H.3.6. Proposal Submission.

H.3.6.1. If an awardee is unable to submit a proposal, they must notify the Contracting Officer in writing as soon as practicable. A brief written statement as to why the awardee is unable to submit a proposal is required. Failure to submit a Task Order proposal without sufficient justification may be considered as negative Past Performance information which may jeopardize the award of future Task Orders.

H.3.6.2. The contractor's Task Order proposal shall always be required to contain a price section and may be required to include a past performance or technical section. The price section shall include a completed Supplemental Pricing Worksheet for each proposed CLIN/SLIN for the base period of performance and any option periods. The proposal shall be forwarded to the Naval Medical Logistics Command. Certified cost or pricing data is not required for individual Task Orders. Direct labor rates must be consistent with that currently being paid in the geographic location where services are to be performed. If required, the proposal shall include the personnel and past performance information required by the TOPR.

H.3.7. Proposal Evaluation.

H.3.7.1. The Contracting Officer has broad discretion in determining which awardee should receive a Task Order. Each Task Order award decision will consider the following three factors (i.e., H.3.7.2., H.3.7.3., and H.3.7.4.). Other factors (i.e., H.3.7.5., H.3.7.6., and H.3.7.7.) may be considered as described in the Task Order Proposal Request (TOPR).

H.3.7.2. The price of the Task Order. The factors to be considered in evaluating prices proposed are:

H.3.7.2.1. Completeness. All price information required by the Task Order proposal request has been submitted and supplemental price worksheets have been completed for the base period and any option periods.

H.3.7.2.1.1. In order for a proposal that contains option periods to be considered complete, all options must be priced. In the event that required option periods are not proposed, the Contracting Officer may reject the contractor’s proposal and it will not be considered for award.

H.3.7.2.2. Reasonableness. The degree to which the proposed prices (base period and any option periods) compare to the prices a reasonably prudent person would expect to incur for the same or similar services.

H.3.7.2.3. Realism. The offeror’s Line Item prices and information provided on the Supplemental Pricing Worksheets (see Section J, Attachment AG) will be used in the evaluation of the offeror's proposal. The Contracting Officer will use the minimum compensation information to determine the price realism of the proposed compensation and may use the minimum and average compensation information for best value determinations. The offeror’s Line Item prices and the Supplemental Pricing Worksheets will be examined to identify unusually low price estimates, understatements of costs, inconsistent pricing patterns, potential misunderstandings of the requirements, and the risk of personnel recruitment and retention problems during contract performance. The realism examination will be performed for the base period and any option periods.

H.3.7.3. Timeliness of submission of Task Order proposal. Task Order proposals which are submitted late may not be considered for award. Offerors are responsible for submitting their proposals in sufficient time to allow them to reach NMLC by the time specified in this solicitation. To avoid the possibility of late receipt, whether caused by high system usageor any potential technical and/or input problems involving the applicant's own equipment, it is strongly recommended that proposals or other required preaward documents be submitted electronically to NMLC not later than 5:00 PM one working day prior to the deadline established in this solicitation.

H.3.7.4. The Past Performance and management record of the awardee in previous Task Orders and Task Order proposals under this contract will be evaluated. This Past Performance evaluation will include a review of all aspects of contract performance, both positive and negative, including but not limited to performance enhancements or problems, management enhancements or problems, timeliness of proposal submission, continuity of HCWs, shift fill rates, and quality of HCWs provided.

H.3.7.5. Quality of the HCW(s) proposed under the Task Order. General ranking factors of HCWs will be detailed in each Task Order Proposal Request (TOPR), but may include the following.

H.3.7.5.1. The quality and characteristics of the proposed personnel mix in relationship to the labor mix requirements specified in the Task Order.

H.3.7.5.2. Quality and quantity of qualifications, including education, training, and experience, as they relate to the duties in the Task Order. Prior experience in a military medical/dental setting may enhance the candidate’s ranking.

H.3.7.5.3. Letters of Recommendation.

H.3.7.5.4. Additional certifications and licensure, as applicable.

H.3.7.5.5. Total continuing education within the 3 years immediately preceding the Task Order.

H.3.7.6. Management plan for accomplishment of the Task Order requirements.

H.3.7.7. Certificate of availability.

H.3.8. Task Order Award.

H.3.8.1. Upon completion of the evaluation of the Past Performance, Technical and/or Business volumes, the Contracting Officer will issue a Task Order to the contractor whose proposal is most advantageous to the Government considering the evaluation factors specified in H.3.7 above.

H.3.8.2. In the event issues pertaining to a proposed Task Order cannot be resolved to the satisfaction of the Contracting Officer, the Contracting Officer reserves the right to withdraw or cancel the proposed Task Order. In such event, the contractor will be notified, via letter or email, of the Contracting Officer's decision and this decision shall be final and conclusive and shall not be subject to the "Disputes" clause or the "Contract Disputes Act".

H.3.8.3. Issues arising from the placement of orders are not protestable to the Government Accountability Office unless the protest alleges that the order exceeded the value, scope, or period of the contract or in the case where a single Task Order exceeds $10 million IAW FAR 16.505(a)(10) and FAR 33.104.

H.3.9. Commencement of Performance.

H.3.9.1. Upon award, a Task Order will be transmitted to the contractor on a DD Form 1155. Approved HCWs will generally be required to begin performance between 30 and 60 days after execution of the Task Order by the Contracting Officer. Urgent requirements may require expedited processing and a shortened performance start up period. Conversely, some difficult to fill positions may require a longer performance start up period. If a HCW who was proposed in response to the Task Order Proposal Request is not available to begin performance on the Task Order, the contractor must notify the Contracting Officer immediately.

H.3.9.2. Failure to begin performance with the approved HCW may result in termination of the Task Order and reconsideration of the other Task Order proposals received in response to the Task Order Proposal Request. The contractor may or may not be given the opportunity to propose a new HCW. The Government reserves the right to terminate the contract for default if the contractor fails to begin performance.

H.3.9.3. The contractor shall notify the Contracting Officer in writing, 60 days in advance, whenever it has reason to believe that the quantities the Contractor expects to expend under a task order shall exceed the quantities available on the applicable CLIN in Section B of the task order. Only an appropriately executed task order modification can authorize any increase to available quantities.

H.3.10. Option Periods Under Task Orders

H.3.10.1. The Government at its sole discretion may issue Task Orders with a base period of performance as well as option periods that provide for continued performance of the Task Order. Task Orders issued with option periods will include FAR clause 52.217-9 “Option to Extend the Term of the Contract.”

H.3.10.2. Option periods will be exercised in writing by task order modifications.

H.3.10.2.1. Task order modifications will be issued unilaterally by the Contracting Officer when the written notices required by FAR 52.217-9 have been provided within the timeframes listed therein.

H.3.10.2.2. Task order modifications may be issued bilaterally as agreed upon by the Contracting Officer and the contractor in cases where the written notices or timeframes required by FAR 52.217-9 have not been met.

H.3.10.3. Provision 52.217-5 and clause 52.217-9 are listed below for the purposes of inclusion on the Task Order if the Contracting Officer determines options are applicable.

H.4. OMBUDSMAN.

H.4.1. The Ombudsman will review complaints from contractors regarding the award of Task Orders and ensure that all contractors are afforded a fair opportunity to be considered, consistent with the procedures in the contract. The Task Order contract Ombudsman for this contract is the Navy Competition Advocate General. Contractors are encouraged to settle their complaints through the Competition Advocate chain of command, seeking review by the Command Competition Advocate at the Naval Medical Logistics Command before taking their complaints to the Navy Competition Advocate General. The Naval Medical Logistics Command's Competition Advocate can be reached at (301) 619-2157 or at the following address:

Naval Medical Logistics Command

ATTN: Competition Advocate

693 Neiman St.

Fort Detrick, MD 21702-9203

H.5. PRIOR WRITTEN PERMISSION REQUIRED FOR SUBCONTRACTS.

H.5.1. None of the services required by this contract shall be subcontracted to or performed by persons other than the contractor or the contractor's employees without the prior written consent of the Contracting Officer.

H.6. RESTRICTION ON THE USE OF GOVERNMENT-AFFILIATED PERSONNEL.

H.6.1. Except in very limited cases, the federal criminal statutes at 18 USC 203 and 18 USC 205 bar Government personnel, both active duty and civil service, from working as a contractor employee in a Government workplace, including a medical treatment facility, either as a second job ("moonlighting") or while on terminal leave. The contractor agrees that, before making an employment offer to an active duty member or a civil servant, it shall inform the individual of the potential applicability of these statutes and further agrees to encourage that individual to seek an advisory opinion from his/her local ethics counsel before accepting an employment offer. In addition, without the prior written approval of the contracting officer, the contractor shall not use in the performance of this contract any persons currently performing medical or dental services under other Navy contracts.

H.7. SUBSTITUTION OF PERSONNEL FOR HEALTH CARE WORKERS WHO ACCRUE LEAVE.

H.7.1. Except as provided in this section (H.7), the contractor agrees to perform this contract using only HCW(s) whose professional qualifications have been determined technically acceptable by the Government to provide services under each specific Task Order.

H.7.2. During Task Order performance, no personnel substitutions shall be made by the contractor without the express consent of the Contracting Officer or in accordance with a procedure specified by the Contracting Officer. All substitution requests will be processed in accordance with section H.7.

H.7.3. No personnel substitutions shall be permitted during the first 60 days of Task Order performance, unless they are necessitated by an HCW's unexpected illness, injury, death or termination of employment. Should one of these events occur, the contractor shall promptly notify the Contracting Officer and provide the information required in paragraph H.7.4 below. After the initial 60 day period, all substitution requests shall be submitted, in writing, at least 30 days prior to the planned change of personnel. All such requests must provide the information required by paragraph H.7.4 below.

H.7.4. All substitution requests must provide a detailed explanation of the circumstances necessitating the proposed replacement of personnel. The contractor shall also demonstrate that the substitute HCW(s) possess professional qualifications that are equal to or higher than the qualifications in Section C.6. The COR will evaluate such requests and promptly notify the contractor of the approval or disapproval thereof.

H.8. HEALTH CARE WORKER BACKGROUND INVESTIGATION REQUIREMENTS.

H.8.1. Crime Control Act Of 1990 Requirement.

H.8.1.1. Section 21 of the Crime Control Act of 1990, 42 U.S.C. 13041, as amended by Section 1094 of Public Law 1-02-190, requires every facility operated by the Federal Government (or operated under contract with the Federal Government) that hires (or contracts to hire) individuals involved in the provision of child care services to assure that all existing and newly-hired employees undergo a criminal background investigation. The term "child care services" is defined to include health and mental health care.

H.8.1.2. In accordance with 42 U.S.C. 13041(d) the contractor shall ensure that employment applications for potential HCWs contain a question asking whether the individual has ever been arrested for or charged with a crime involving a child, and if so, requiring a description of the disposition of the arrest or charge. The application shall further state that it is being signed under penalty of perjury, with the applicable federal punishment for perjury stated on the application.

H.8.1.3. The Government will conduct criminal background investigations for all potential HCWs who will be providing child care services under this contract based on fingerprints obtained by a Government law enforcement office (e.g., local, state, federal, etc.) and a completed SF 86 form (Questionnaire for National Security Positions).

H.8.1.4. The COR will identify the appropriate Navy component for billing purposes and the appropriate security point of contact and/or installation commander who will receive the background results.

H.8.1.5. With written recommendation from the Commanding Officer, and the approval of the Contracting Officer, a HCW with a background investigation pending completion may be permitted to perform work under this contract prior to the completion of the background investigation, provided the HCW is within sight and continuous supervision of an individual with a successful background investigation.

H.8.2 Personal Identity Verification Of Contractor Personnel.

H.8.2.1 The Homeland Security Presidential Directive dated 27 August 2004 requires a mandatory Government-wide standard for secure and reliable forms of identification for Federal employees, contractors and HCWs who access federally controlled facilities or have access to Federally controlled IT systems.

H.8.2.2. Personnel background investigations must be initiated and an advance fingerprint and NAC results received by the MTF prior to a Common Access Card (CAC) being issued to the HCW.

H.8.2.3. See Section H, SUP 5252.204-9400 for additional information.

H.8.2.4. See Section I, FAR 52.204-9 for additional information.

H.9. LIABILITY INSURANCE.

H.9.1. Before commencing work under a contract, the contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The following insurance as referenced in FAR 28.307, is the minimum insurance required:

H.9.1.1. General Liability - Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

H.9.1.2. Automobile liability - Automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

H.9.1.3. Workers’ compensation and employer's liability - Contractors are required to comply with applicable federal and state workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

H.10. NON-COMPETE CLAUSES.

H.10.1. The use of non-compete agreements (including non-compete clauses within employment agreements) that are aimed at preventing the loss of contract providers are acceptable only if the non-competition is limited to the current performance period specified in the contract/Task Order. The use of non-compete agreements or clauses that prevent employees of an incumbent contractor from accepting future employment with either the Government or with another contractor is not acceptable. Awardees (including sub-contractors) may not include conditions in employment agreements that hinder the Government's ability to accomplish the current or future mission of providing health and medical care to beneficiaries.

H.10.2. The Government reserves the right to query each offeror or contractor regarding the use and purpose of these clauses or agreements and to use this information in award, logical follow-on or option period exercise decisions. If such conditions are included in employment agreements, the Government further reserves the right to reject an offeror's proposal or to terminate existing contracts or Task Orders.

H.11. LIMITATION OF PAYMENT FOR PERSONAL SERVICES.

H.11.1. Under the provisions of 10 U.S.C. 1091 and DODI 6025.5, “Personal Services Contracting”, implemented 6 January 1995, the total amount of compensation paid to an individual direct health care provider in any year cannot exceed the full time equivalent annual rate specified in 10 U.S.C. 1091. Effective 21 January 2000, the maximum amount the Government is allowed to pay for these personal services is $400,000 per year per HCW for this contract.

H.12. MIGRATION OF CONTRACT HEALTH CARE WORKERS TO CIVIL SERVICE POSITIONS.

H.12.1. If a contract HCW is selected by the Government for a civil service position and commences work as a civil servant, the contractor may be entitled to compensation towards recruitment costs of the contract position. Upon the contractor’s written submittal of a request for compensation, the contracting officer will consider all circumstances relative to the request and make a determination to grant or deny compensation in accordance with the subparagraphs below on a case by case basis.

H.12.2. In order for the contractor to be eligible for compensation, all of the following criteria must be met:

H.12.2.1. The HCW selected for civil service must not have previously provided services for the same contractor at the same MTF under a previous contract.

H.12.2.2. The civil service position must require the same qualifications and be located at the same MTF (which includes any location which receives credentials review services from the MTF) as required by the contract.

H.12.2.3. The HCW must have occupied a position subject to credentials review in accordance with BUMED Instruction 6320.66E (or current version), and must have performed at least one shift of service.

H.12.2.4. The HCW commences work as a civil servant not later than 180 days following initial commencement of work under the contract or prior to the expiration date of the current contract, whichever occurs first.

H.12.2.5. The contractor must submit their request and all supporting documentation no later than 90 days following change in status of HCW from contractor employee to civil service employee.

H.12.3. If compensation is determined appropriate by the Contracting Officer, this one-time payment will be calculated by multiplying the current hourly rate for the contract position times the number of contract service hours scheduled for the HCW in a typical two-week payment period. For example, if the contract hourly rate is $40.00 per hour, and the HCW is typically scheduled for 80 hours of service in one payment period, the total compensation paid to the contractor is $3,200.00.

H.12.4. At such time as the Contracting Officer determines compensation towards recruiting costs is appropriate, a task order modification will be executed. The task order modification will define the total amount of compensation for which the contractor may invoice, the CLIN under which the compensation is to be invoiced, the appropriate adjustment to the period of performance for contract services, and include a contractor release statement barring the contractor from seeking additional compensation.

H.13. ON RAMP/OFF RAMP.

H.13.1. On Ramp. Consistent with FAR 16.504(c)(1)(ii)(A), NMLC has determined that it is in the Government’s best interest that during the term of the MATO basic contracts, there remains an adequate level of competition for task orders. The degree of competition is impacted by the number and quality of contractors. Over time, competition may decrease due to contractor attrition. Services provided by a contractor or multiple contractors may be of a lower quality than expected, which would limit competition. Additionally, a contractor or multiple contractors may not be able to provide services at competitive prices. Unresponsiveness to TOPRs also impacts competition. Recognizing the possibility of inadequate competition, NMLC intends to annually review the number and quality of contractors and determine whether it would be in the Government’s best interest to initiate a new solicitation in order to award additional basic contracts.

H.13.1.1 If NMLC determines that it would be in the Government’s best interest to open a new solicitation to add new contractor(s) to the MATO, the contracting officer may do so at any time provided that:

(a) The solicitation is issued under then-applicable federal procurement law;

(b) The solicitation identifies the total approximate number of new awards that the contracting officer intends to make. The contracting officer may decide to award more or fewer contracts than the number anticipated in the solicitation depending upon the overall quality of the offers received;

(c) Any contractor that meets the eligibility requirements set forth in the new solicitation submits a proposal in response to the solicitation; however, existing contractors may not hold more than one basic contract at any time;

(d) The award decision under any solicitation is based upon the same evaluation factors/sub-factors as the original solicitation N62645-14-R-0039;

(e) The terms and conditions of any resulting awards from a new solicitation are materially identical to the existing version of the basic contracts.

(f) The term for any such new awards from a solicitation is co-terminus with the existing term for all other contractors, including the option periods (if applicable);

(g) If awarded a contract, a new contractor is eligible to submit a proposal in response to each TOPR and receive task order awards with the same rights and obligations as any other contractor;

and

(h) The award of any new contract(s) does not increase the overall ceiling of the MATO.

H.13.2. Off Ramp. Each contractor is expected to submit proposals in response to TOPRs, successfully perform the terms of awarded task orders, and promptly improve performance when it does not meet the terms of the task orders. If a contractor does not meet these expectations, it is the Government’s intent to “off-ramp” the contractor by:

(a) Implementing a termination, if applicable and if such action is in the Government’s best interest;

or

(b) Implementing a termination for default, if applicable;

or

(c) Taking any other action which may be permitted under the contract terms and conditions.

H.14. ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA)

H.14.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Navy via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

H.14.2. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

H.15. CONTRACTOR SUPPORT.

NOTICE: NAVY USE OF SUPPORT CONTRACTOR FOR CONTRACT CLOSEOUT FUNCTIONS

H.15.1. Naval Medical Logistics Command uses two private contractors in support of the contract closeout process. Those companies are Contracting Resources Group, Inc. of Baltimore, MD, and the Ability One Program, doing business under the authority of the Javits-Wagner O’Day Act (41 U.S.C. § 47).

H.15.2. The contract closeout process includes activities such as processing deobligation modifications, obtaining contractor and requiring activity concurrence, preparing the DD-Form 1594 (Contract Completion Statement), and preparing closed files for archiving. Support contractors may perform additional administrative duties, including filing and processing simple administrative modifications. Performing these functions require the contractor employees to have access to the contract file. Therefore, information you provide to the Government or information already in the possession of the Government may be viewed by these support contractors in the course of performing contract close-out functions. The information that may be made available to the contractor may include pricing and technical proposals and performance information.

H.15.3. Naval Medical Logistics Command has signed Non-Disclosure Agreements with each support contractor employee and has required both contractors to provide a Conflict of Interest Mitigation Plan to ensure these employees are firewalled from all business development activity.

H.15.4. By signature of the resultant contract, the offeror and its subcontractors consent to access of their business sensitive/confidential or proprietary data by the Government’s support contractor personnel in order to perform close out services.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

*This clause applies to Task Orders only.

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 34 months.

(End of clause)

SECTION I - CONTRACT CLAUSES

The following have been modified:

52.216-22 Indefinite Quantity. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 December 2018.

(End of clause)

252.216-7006 ORDERING (MAY 2011)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 01 March 2016 through 31 December 2017.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.

(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.

(3) Orders may be issued orally only if authorized in the schedule.

(End of Clause)

(End of Summary of Changes)