N62645-17-R-0004_0001.docx

N6264517R0004

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

1. Section L was revised as follows: Paragraph L.2.1. was revised to provide examples of reasons why proposals may be rejected, Paragraph L.2.3.1.3. was revised to remove the SLIN references and change the sample requirements, and Paragraph L.3.6. was removed entirely. The sample requirements identified in Paragraph L.2.3.1.3 are not tied to a particular SLIN.

2. The scheduling language has been updated for SLINs 0004DA and 0004DB, see attached for copies of the revised SOWs.

3. Paragraph H.9 Indemnification was revised, see attached.

4. The attachment reference in Section H.3.7. #7 was corrected, see attached.

5. Paragraph M.2.4.4. was revised to indicate that if PPIRS is used, only those contracts with a Q product service code will be reviewed.

6. Question 1: Section L.2.3.1.4, List Item 1: Lot A, SLIN 0001AA. 1 FTE Anesthesiologist. Lot A, SLIN 0001AA is a Psychiatrist. Will the government please advise the correct labor category?

a. Answer 1: Section L.2.3.1.4. has been updated to reflect that Lot A, SLIN 0001AA is a Psychiatrist, see attached.

7. Question 2: Is any specific orientation required before the commencement of services or must the orientation be completed within 30 days of commencement of services?

a. Answer 2: Unless otherwise specified in the task order, the orientation requirements outlined in the RFP, see Section C.7.11. apply. Per Section C.7.11.5., the HCW shall complete all orientation within six (60) days after commencement of services by the HCW.

8. Question 3: How frequently are training classes held or is the training self-paced on-line training?

a. Answer 3: Per the RFP, see Section C.7.11.4., the COR will provide a list of training times up to thirty (30) days in advance.

9. Question 4: How many FTEs are currently being provided under the rates listed on Attachment AE?

a. Answer 4: Fill rate information will not be provided as the status may change prior to award. There is no guarantee that the current contract rates in Attachment AE reflect the requirements as outlined in the SOWs for this requirement.

10. Question 5: Are any psychiatrists currently working at NMCP under the current bill rate listed on Attachment AE, Lot A, CLIN 0001AA?

a. Answer 5: Fill rate information will not be provided as the status may change prior to award.

11. Question 6: Since a man-year is at least 2080 hours (40 hours/week * 52 weeks) for most positions, are these positions required to have replacement coverage in accordance with Section C.3.2 while the primary HCW is absent (e.g. 1 FTE and 1 part-time HCW)?

a. Answer 6: The replacement language outlined in Section C.3.2. is for positions designated as coverage in the task order.

12. Question 7: Are leave hours part of the 2080 hours per standard man-year and billable on the contract since the HCW shall be compensated by the Government in Section C.3.1?

a. Answer 7: For individual positions, leave hours are billable. As indicated in the RFP, see Section 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.

13. Question 8: If a contractor's disclosure statement requires leave time to be paid from a fringe pool that is part of the hourly rate build up, will the Government factor that into the rate analysis since the leave time will never be billed as hours worked?

a. Answer 8: See the answer to Question #15.

14. Question 9: If annual leave and holiday hours are 288 and work hours are 1792 (2080 less 288), are the 288 hours in the CLIN for overtime?

a. Answer 9: No, personal leave is not considered overtime, see the answer to Question #15. Overtime will not be a separate billable, see Section H.1.11. of the RFP. Contractors are responsible for complying with overtime requirements.

15. Question 10: Are the additional hours (e.g. Lot A - CLIN 0001AA @ 2500 hours) above the standard 2080 man-year for a part-time HCW, overtime hours for a single HCW, or replacement coverage?

a. Answer 10: These hours are to cover situations in which the HCW may be required to work up to one hundred (100) hours per two (2) week period. As indicated in the SOW for SLIN 0001AA, the Commanding Officer will not approve more than one (1) individual for the required position. Overtime will not be a separate billable, see Section H.1.11. of the RFP. Contractors are responsible for complying with overtime requirements.

16. Question 11: Since this is a FFP contract, what deliverables will be submitted for invoicing purposes (e.g. hours, equal monthly payments)?

a. Answer 11: Invoices shall be submitted per unit identified on the task order, i.e., an hourly rate, unless travel is included. Travel will be reimbursed as indicated in the RFP, see Section C.11. Contractors will be reimbursed for hours worked and authorized periods identified in Section C.3.

17. Question 12: Since G&A is an allowable expense in accordance with FAR, will contractors be reimbursed for G&A applied to travel expenses?

a. Answer 12: Per Section C.11.2. of the RFP, costs for transportation, lodging, meals and incidental expenses incurred by the HCW are allowable subject to Federal Acquisition Regulation 31.205-46 and Joint Travel Regulations prescribed by the General Services Administration.

18. Question 13: Reference L.2.3.4. Please confirm that graphic and table fonts must be 10 point or larger.

a. Answer 13: Per Section L.2.3.4. of the RFP, tables, charts, graphs, and graphics may be in fonts other than Times New Roman font, but shall be not less than 10 point font size. Text, tables, charts, graphs, graphics, etc. that are not in compliance will not be considered by the Government in its evaluation.

19. Question 14: Re: H.9, p.101, Subsection H.9 has several ambiguities and contradictions to the extent that it would allow the Government to direct a contractor to settle any case whether or not the Government had liability, or regardless if the case were connected to the contract. We request the Government remove the ambiguities by revising the subsection.

a. Answer 14: Paragraph H.9 Indemnification was revised, see attached.

20. Question 15: Page 2, Section B: Please confirm nothing gets entered under unit price or max amount in Section B

a. Answer 15: This is correct. Offerors shall enter pricing using the Excel workbook provided with the RFP.

21. Question 16: Page 139, Attachment 12 or Attachment AG: Please advise if this attachment is informational only or if the Navy requires these to be submitted with each LOT?

a. Answer 16: Attachment AG was provided for informational purposes only and should not be returned with the proposal.

22. Question 17: Is the Navy able to provide current pricing of contracts for similar services as stated in M.2.7.2?

a. Answer 17: No.

23. Question 18: On the SF33 it states original on one copy in box #9 but later in the solicitation “no hard copies will be accepted”, please clarify.

a. Answer 18: This refers to one electronic copy.

24. Question 19: Page 132, 52.222-42: FAR 52.222-42 references “The contractor is responsible for ensuring compliance with all applicable Service Contract Labor Standards.” Can you please clarify the WD# we should use for each location of service?

a. Answer 19: The Contractor shall be responsible for determining the applicable wage determination(s), if applicable.

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 in its proposal dated (To be filled in at contract award) in response to NMLC Solicitation N62645-17-R-0004. Note that the Technical volume will be incorporated as part of any subsequent award in Section J, Attachment AF 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 Management 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:

1. The date of order

1. Contract number and order number

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

1. The unit price

1. The period of performance

1. Option periods may be included as appropriate.

1. Accounting and appropriation data

1. Payment office address

1. Invoicing and acceptance instructions

1. Name of the Contracting Officer’s Representative (COR)

1. Any other pertinent data

H.1.8. Location of services.

H.1.8.1. Performance of various Medical services to include Physician, Allied Health, Advanced Practice Nurse, Nursing, Technologist, Technician, and Assistant labor bands at Military Treatment Facilities in the Northeastern Region of the United States to include: Naval Medical Center Portsmouth, VA; Naval Health Clinic Annapolis, MD; Naval Health Clinic Great Lakes, IL; Naval Health Clinic Newport, RI; Naval Health Clinic Patuxent River, MD; Naval Health Clinic Quantico, VA; Naval Branch Health Clinic Groton, CT; Naval Branch Health Clinic Portsmouth, NH; Naval Branch Health Clinic Saratoga Springs, NY 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 Connecticut, Illinois, Maine, Maryland, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Virginia, and District of Columbia shall be considered within the scope of the solicitation. NMLC will be the sole ordering authority for the resultant contracts.

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 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, 0005, 0006, 0007, and 0009 in Section B. CLIN 0008 is based on Joint Travel Regulations.

H.1.10. The estimated ordering period is for 60 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.1.11. Pricing for task orders shall include all required overtime, shift differentials, taxes, or other direct compensation as necessary due to the nature of the requirement.

H.1.12. Government Furnished Property Under Task Orders

H.1.12.1. The government may issue Task Orders for services that may require the use of Government Property.

H.1.12.2. If the performance of service required under the task order will include Government Property, task orders will be issued to include the following clauses: FAR 52.245-1; FAR 52.245-9; DFARS 252.211-7007; DFARS 252.245-7001; DFARS 252.245-7002; DFARS 252.245-7003 and DFARS 252.245-7004.

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, Attachment 4 of Solicitation N62645-17-R-0004.

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 N62645-17-R-0004 will be evaluated for Lot Awards. Past Performance and Technical volumes submitted in response to Solicitation N62645-17-R-0004 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 for that Lot.

H.2.3. The Pricing volume submitted in response to Solicitation N62645-17-R-0004 will be evaluated with consideration to the following factors for lot awards:

H.2.3.1. The offeror’s Pricing 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. A price reasonableness benchmark will be established. The benchmark may be developed using any combination of the following factors: competition, market research, current pricing, and the IGCE. Unit prices may also be examined to identify unbalanced pricing, unusually high or low price estimates, inconsistent pricing patterns, and/or potential misunderstandings of the solicitation requirements. The Contracting Officer reserves the right to award at a premium, provided that the proposed price is determined to be reasonable. Lot awards may be made to other than the lowest priced proposal to facilitate the award of lots to meet the requirements of Section M.1.1.

H.2.4. 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 TASK ORDER 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 Section 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.

Proposal submission is not mandatory; however, a brief written statement as to why the awardee is unable to submit a proposal is requested.

H.3.7. Proposal Evaluation.

The Contracting Officer has broad discretion in determining which awardee shall receive a Task Order. Every task order will be awarded on a best value basis, with any combination of the following factors being used for evaluation: past performance, pricing, management plan, quality of health care worker(s), realism, certificate of availability, and timeliness of submission in response to the task order proposal request (TOPR). Price reasonableness is not considered an optional evaluation factor and will be evaluated for all TOPRs. Depending on the requirement and the discretion of the contracting officer, any of these factors may be evaluated as being equal or having more importance than the other. The evaluation factors will be identified and the weighting of the factors will be specified in the TOPR.

The seven evaluation factors available at the TOPR level to the Contracting Officer to determine best value awards decisions on task orders are as follows:

1. Past performance. The Past Performance of the awardee in previous/current Task Orders under this contract may be evaluated. This Past Performance evaluation may 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 health care workers, shift fill rates, and quality of health care workers provided.

2. Price. The factors to be considered in evaluating proposed prices may include:

A. Completeness. All pricing information required by the TOPR shall be completed. This includes all required information on base period and option periods for pricing worksheets and supplemental pricing worksheets. In the event that any of the pricing is incomplete, the Contracting Officer may reject the contractor’s proposal and it will not be considered for award.

B. 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.

3. Timeliness. 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 the TOPR. To avoid the possibility of late receipt, whether caused by high system usage or any potential technical and/or input problems involving the contractor'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 Eastern Time (ET) one working day prior to the deadline established in the TOPR.

4. Quality of health care worker(s) proposed to work under the task order. General ranking factors of health care workers will be detailed in each Task Order Proposal Request (TOPR), but may include the following.

A. 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.

B. Letters of Recommendation.

C. Additional certifications and licensure, as applicable.

5. Management plan for accomplishment of the Task Order requirements. This factor may be used if a requirement is unique and may require a different management approach than that was proposed at the basic contract level.

6. Certificate of availability. This is a signed statement regarding a health care worker’s ability to work under the contract when the period of performance begins.

7. 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.

The Contracting Officer may also compare the proposed HCW compensation to the compensation currently being paid to an incumbent in order to determine if the proposed compensation is realistic. Proposed compensation that is lower than current compensation for the same work will be evaluated on the basis of maintaining program continuity, uninterrupted high-quality work, and availability of required competent professional service employees. Lowered compensation for the same professional work may indicate lack of sound management judgment and lack of understanding of the requirement. The Government is concerned with the quality and stability of the work force to be employed on this contract. Professional compensation that is unrealistically low may impair the Contractor’s ability to attract and retain competent professional service employees and may be viewed as evidence of failure to comprehend the complexity of the contract requirements. Refer to FAR Provision 52.222-46. The compensation currently being paid by the incumbent will be compared to the proposed compensation for the base period only. The contracting officer may request that the contractor provides an explanation of how proposed compensation will be sufficient in providing uninterrupted, high-quality services as outlined in clause 52.222-46. The contracting officer may evaluate the explanation provided by the contractor.

H.3.8. Task Order Award.

H.3.8.1. Upon completion of the evaluation of Task Order Proposals, 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.” Task Orders issued with option periods may also include FAR clause 52.217-8 “Option to Extend Services.”

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 and/or 52.217-8, if included, 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 and/or 52.217-8, if included, have not been met.

H.3.10.3. Provision 52.217-5 and clauses 52.217-9 and 52.217-8 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. HEALTH CARE WORKER BACKGROUND INVESTIGATION REQUIREMENTS

H.7.1. Crime Control Act Of 1990 Requirement.

H.7.1.1. 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.7.1.2. 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.7.1.3. 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.7.1.4. 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.7.1.5. 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.7.2 Personal Identity Verification Of Contractor Personnel.

H.7.2.1 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.7.2.2. 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.7.2.3. See Section H, SUP 5252.204-9400 for additional information.

H.7.2.4. See Section I, FAR 52.204-9 for additional information.

H.8. LIABILITY INSURANCE

H.8.1. Offerors awarded a contract under this solicitation shall, at their own expense, provide and maintain during the entire performance of this contract, at least the minimum insurance coverage required by this Section (H.8.1.1., H.8.1.2., and H.8.1.3.). In addition, awardees shall provide to the Contracting Officer, via email, copies of the required certificate(s) of insurance (COI). Initially, the COI shall be returned along with the signed copy of the contract award. Thereafter, the contractor shall provide updated COI as policies are renewed, updated, or revised. In the event the awardee fails to provide the appropriate insurance documentation, the Contracting Officer shall take appropriate action as permissible under the terms and conditions of the resultant contract. The following insurance, as referenced in FAR 28.307, is the minimum insurance required:

H.8.1.1. General Liability – Bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

H.8.1.2. 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.8.1.3. Workers’ compensation and employer's liability – Awardees 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.9. INDEMNIFICATION.

H.9.1. The awardee(s) agrees to indemnify and hold the Government harmless from any liability, loss or damage the Government may suffer as a result of claims, demands, costs or judgments against the awardee and/or the Government arising out of the activities to be carried out by the awardee pursuant to the obligations of this Contract.

H.9.2. The awardee(s) certifies that it acquired and maintained insurance to comply with section H.8. herein. The awardee has and will maintain in force during the term of this Contract adequate insurance to cover its obligations under section H.8. herein and its indemnification obligations hereunder, to include workers’ compensation insurance.

H.9.3. The awardee(s) shall promptly notify the Contracting Officer of any occurrence, action, or claim that might trigger a claim against the Government pursuant to the Contractor’s performance under this Contract; furnish the proof or evidence of any claim, loss, or damage in the form and manner that the Government requires; and immediately provide copies of all pertinent documents that the awardee receives or has received.

H.9.4. The Government may, participate in the settlement or defense of the claim or action that triggers liability for the Government pursuant to the Contractor’s performance under this Contract.

H.9.5. If the awardee has an obligation to indemnify a subcontractor under any subcontract at any tier under this Contract, and the subcontractor has an obligation to indemnify the Government for the same matter, the awardee shall indemnify the Government to the same extent that obligation shall extend to the Government if a party to the claim or action.

H.9 6. The rights and obligations of the parties under this clause shall survive the termination, expiration, or completion of this Contract.

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 6010.30 (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 N62645-17-R-0004;

(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…