PERFORMANCE WORK STATEMENT (PWS)

For

MEDICAL READINESS: MEDICAL-PROVIDER SERVICES

1.0 General

1.1 Scope

The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in paragraph 3.0 as government-furnished, to perform medical readiness examinations and assessments, as defined in this PWS.

1.2 Background

The purpose of this requirement is to provide licensed medical provider to support for the completion of the annual periodic health assessment (PHA), deployment health assessment (PDHA, PDHRA), physical examination for aviation, specialty schools, and miscellaneous examinations to improve the individual medical readiness (IMR) of the

Maryland Army National Guard (MDARNG). Medical treatment is not authorized. The

MDARNG Surgeon’s Office requires a highly responsive process that is designed to be flexible, responsive, and meets the ever-evolving needs of the government.

DoDI 6025.19 establishes aggressive annual metric goals for separate individual medical readiness (IMR) elements and for the overall IMR category of fully medically ready

(FMR) Soldiers. The goal is to maintain and improve medical readiness with a minimal goal of 90% but striving for 100%. The PHA is documented and signed electronically in the Medical Operational Data System (MODS). All clinical examinations and patient records management must be executed in full compliance with federal standards, including the Health Insurance Portability and Accountability Act (HIPAA), as well as the strict patient privacy guidelines established under the Maryland Confidentiality of

Medical Records Act (MCMRA), Md. Code Ann., Health-Gen. §§ 4-301 et seq.

1.3 Period of Performance (PoP)

The Period of Performance shall be 1 Base Year of 12 months.

1.4 General Information

1.4.1 Place and Performance of Services

The contractor shall provide a licensed medical provider between the hours of 0800-1630 on Tuesday through Friday, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings.

The performance should be at:

• Camp Fretterd Military Reservation (CFMR), 5555 Rue Saint Lo Drive, BLDG

205, Reisterstown, Maryland 21136.

• The Flight Surgeon’s Clinic, 2624 Fairview Point Road, Building E-6814, Edgewood, Maryland 21040.

Typically, work will be scheduled as three days at CFMR and one day at Edgewood.

Alternate work locations, workdays, and hours may be authorized. The contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor should keep in mind that stability and continuity of the workforce are essential. Teleworking is not authorized. The

Government does not permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled Gate Closures

Unscheduled gate closures by the Security department may occur at any time, causing all personnel to enter or exit a closed installation to experience delays. This cannot be predicted or prevented. Contractors are not compensated for unexpected closures or delays. Vehicles operated by contractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the contractor employee’s installation driving privileges.

1.4.1.3 Installation Regulations & Conduct

The contractor’s employees shall become familiar with and obey the regulations of the installation, including fire, traffic, safety, and security regulations while on the installation. Contractor employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall always carry proper identification with them and shall be subject to such checks as may be deemed necessary.

The contractor shall ensure compliance with all regulations and orders for the installation, which may affect performance.

The Government reserves the right to direct the removal of an employee from

Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays

The following are recognized United States (US) holidays. The contractor shall not perform services on these days:

• New Year’s Day: January 1st

• Martin Luther King, Jr.’s Birthday

• President’s Day

• Memorial Day

• Juneteenth National Independence Day: June 19th

• Independence Day: July 4th

• Labor Day

• Columbus Day

• Veteran’s Day: November 11th

• Thanksgiving Day

• Christmas Day: December 25th

1.4.3 Quality Control (QC)

The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is how it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS). A final QCP shall be submitted to the Contracting Officer Representative (COR) NLT 10 days after the contract award. After acceptance of the QCP, the contractor shall obtain the

Contracting Officer’s (KO’s) acceptance in writing of any proposed changes to its QCP.

1.4.4 Quality Assurance (QA)

The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements

The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office.

The contractor shall ensure compliance with all personal identity verification requirements as directed by the Department of Defense (DoD), Headquarters Department of the Army (HQDA), and/or local policy (see Section 6.0). Should the Force Protection

Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Common Access Card (CAC)

For contractors requiring a Common Access Card (CAC): The CAC is the DoD Federal

Personal Identity Verification (PIV) credential. Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated Tier 1 or an equivalent or higher investigation in accordance with Army Directive 2014-05. The contractor employee will be issued a CAC only if duties involve one of the following:

1. Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely;

2. Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or

3. Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more.

At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled Tier 1 investigation at the Office of Personnel Management. Sponsorship and enrollment information about each applicant must be registered in the Defense Enrollment Eligibility

Reporting System (DEERS) through either the Real-Time Automated Personnel ID

System (RAPIDS) using the DD Form 1172-2 or the Trusted Associate Sponsorship

System (TASS).

1.4.5.1.1 Homeland Security Presidential Directive (HSPD)-12 Background Investigation

Requirements

The contractor shall ensure that all personnel whose duties require CAC card issuance obtain them and shall process all CAC card applications. The contractor should ensure that all employees requiring an initial background investigation complete a Personnel

Security Investigation Portal (PSIP) form as soon as possible, and that this form is forwarded to the COR immediately. The COR will review the form for completeness and accuracy and forward it to the National Guard Bureau (NGB) Personnel Security manager who will initiate the investigation process via PSIP.

Contractor personnel will then receive two email messages: the first will confirm that the investigative service provider has received the request, and the second will provide instructions for the completion of the appropriate form via the Electronic Questionnaires for Investigations Processing (e-QIP) system. Upon completion of the e-QIP questionnaire and submittal of all required documents, including fingerprint cards to the security manager, the background investigation (BI) will be initiated.

The contractor shall ensure immediate compliance with all instructions regarding background investigation processing, including those provided verbally, by email, or via a Government system. The contractor is cautioned that the entire process from submitting the PSIP form to the return of the FBI fingerprint check may routinely take from two to six weeks and shall factor this led time into its hiring and placement process. The contractor shall make all reasonable efforts to ensure that contractor employees meet

CAC eligibility standards upon assignment to the contract and shall be held responsible for delays, failure to meet performance requirements, or decreases in efficiency in accordance with the applicable inspection clause.

1.4.5.1.2 Trusted Associate Sponsorship System (TASS)

The contractor shall process CAC applications through TASS. Although there is no requirement for the contractor to designate a Corporate Facility Security Officer (FSO) to serve as a single point of contact, such designation facilitates these processes. If a

Corporate FSO is not established, all contractor employees requiring a CAC will be required to process their own applications. The submission process for CAC applications is as follows:

4. The contractor's FSO or contractor employee shall submit requests for a CAC via email to the designated TASS Trusted Agent (TA).

5. The Government will establish a TASS application account for each CAC Request and will provide each contractor employee with a user ID and password, via email, to the contractor’s FSO or contractor employee. The FSO or contractor employee shall access the TASS account and complete the CAC application at:

https://tass.dmdc.osd.mil/tass/.

6. The Government will inform the contractor's applicant, via email, of one of the following:

• Approval: The information is transferred to the DEERS database, and an email notification is sent to the contractor with instructions on obtaining their CAC. The contractor proceeds to a RAPIDS station (https://www.dmdc.osd.mil/rsl/).

• Rejection: The Government, in separate correspondence, will provide reason(s) for rejection.

• Return: Additional information or correction to the application is required by the contractor employee.

https://tass.dmdc.osd.mil/tass/ https://www.dmdc.osd.mil/rsl/

The contractor shall maintain records of all approved and rejected applications.

1.4.5.1.3 RAPIDS Verification

At the RAPIDS station, the RAPIDS Verification Officer will verify the contractor employee by Social Security Number (SSN) and two forms of identification. Identity source documents must come from the list of acceptable documents included in Form I-9, "Employment Eligibility Verification". Consistent with applicable law, at least one document from the Form I-9 list shall be a valid (unexpired) State or Federal

Government-issued picture ID. The identity documents will be inspected for authenticity and scanned and stored in DEERS. Issued CACs will be valid for no longer than three years, or until the individual's contract ends (inclusive of any options), whichever is earlier.

1.4.5.1.4 CAC Renewal Timing

The contractor shall manage requests for new or renewal CAC cards in sufficient time to ensure that all contractor employees have them when needed to perform work under this contract. The contractor shall provide at least 10 calendar days advance notice to the TA, unless there are extenuating circumstances approved by the COR or KO.

1.4.5.1.5 CAC Return Requirements

The contractor shall return issued CACs to the DEERS office upon departure or dismissal of each contractor employee, obtain a receipt for each card, and provide it to the

TA/COR. Failure to comply with these requirements may result in withholding final payment.

1.4.5.1.6 N/A

1.4.5.2 Antiterrorism (AT) Level 1 Awareness Training

All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training within 30 calendar days after the contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR within

15 calendar days after completion of training. AT Level 1 awareness training is available at: https://jko.jten.mil/courses/AT-level1/launch.html.

1.4.5.3 iWATCH Training

The contractor and all associated subcontractors with an area of performance within an

Army-controlled installation, facility, or area shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism

Officer). This training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or the KO. This https://jko.jten.mil/courses/AT-level1/launch.html training shall be completed within 30 calendar days of the contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each contractor and subcontractor employee to the COR within 15 calendar days after completion of training.

1.4.5.4 COMSEC/IT Security

All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct

COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including restrictions against using the network to recruit Government personnel or advertise job openings.

1.4.5.5 Information System (IS) Access

Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right. Contractor employees shall have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. Contractor employees shall:

7. Comply with the command's Acceptable Use Policy (AUP) for Government-owned

IS and sign an AUP prior to or upon account activation.

8. Complete initial and/or annual Information Assurance (IA) training as defined in the

IA Best Business Practices (BBP) training.

9. Mark and safeguard files, output products, and storage media per classification level and disseminate them only to authorized individuals with a valid need-to-know.

10. Protect IS and IS peripherals located in their respective areas in accordance with physical security and data protection requirements.

11. Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network.

1.4.5.6 Army Training Certification Tracking System (ATCTS)

All contractor employees with access to a Government information system shall be registered in ATCTS (https://atc.us.army.mil/iastar/index.php) at the commencement of services and shall successfully complete the DoD Information Assurance awareness training prior to access to the IS and annually thereafter (https://iatraining.us.army.mil/).

https://atc.us.army.mil/iastar/index.php https://iatraining.us.army.mil/

1.4.5.7 Information Assurance (IA) Training

All contractor employees and associated subcontractor employees shall complete the

DoD IA Awareness Training before issuance of network access and annually thereafter.

1.4.5.8 Information Assurance (IA)/Information Technology (IT) Certification

All contractor employees performing services involving IA/IT functions shall comply with DoD and Army workforce training requirements in DoDD 8140.01, DoD 8570.01-

M, and AR 25-2 within six months of the start of contract performance or appointment to

IA/IT functions. In accordance with DoD 8570.01-M, DFARS 252.239.7001, and AR 25-

2, contractor employees supporting or performing IA/IT functions shall be appropriately certified upon contract award.

1.4.5.9 Protection of Personally Identifiable Information (PII) & PHI

The contractor shall protect all PII and Protected Health Information (PHI) encountered in the performance of services in accordance with Defense Federal Acquisition

Regulation Supplement (DFARS) 224.103, Department of Defense Directive (DoDD)

5400.11 (DoD Privacy Program), DoD 5400.11-R, and the Maryland Confidentiality of

Medical Records Act (MCMRA), Md. Code Ann., Health-Gen. §§ 4-301 et seq. If a

PII or PHI breach results from the contractor’s violation of these policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all affected individuals.

1.4.5.10 OPSEC Training

In accordance with AR 530-1, Operations Security, new contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each contractor employee to the COR within 15 calendar days after completion of training.

Level I OPSEC training is available at:

https://securityawareness.usalearning.gov/opsec/index.htm.

1.4.5.11 OPSEC SOP/Plan

The contractor shall develop an OPSEC Standard Operating Procedure (SOP)/Plan and provide it to the COR within 90 calendar days of contract award to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations

Security. This SOP/Plan shall include a process to identify the Government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. The contractor shall implement OPSEC measures as required by the Government. In addition, the contractor shall identify an individual who will serve as the OPSEC Coordinator. The contractor shall ensure this individual becomes OPSEC

Level II certified within 90 days of appointment in accordance with AR 530-1. The contractor shall provide a copy of the certification to COR NLT 15 days after completion.

https://securityawareness.usalearning.gov/opsec/index.htm

1.4.6 Physical Security

The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.4.7 Special Qualifications & Maryland State Licensing Compliance

The contractor shall ensure all employees possess a current, active, valid, and unrestricted license to practice as a healthcare provider in the State of Maryland, issued by the appropriate state authority.

1.4.8 Post Award Conference/Periodic Progress Meetings

The contractor agrees to attend any post-award conference convened by the KO in accordance with FAR 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review performance. At these meetings, the KO will appraise the contractor of how the Government views performance, and the contractor will appraise the Government of any experienced problems. The contractor shall resolve outstanding issues raised by the Government.

Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM)

The contractor shall designate a CM who shall ensure performance under this contract.

The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to the daily operation of this contract.

The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees

All contractor personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression that they are

Government employees. The contractor should ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a

“contractor” shall be predominantly displayed in all correspondence types (including signature blocks on email) and dealings with Government or non-Government entities.

Contractor personnel shall wear identification badges distinguishing themselves as such, displaying the company name, employee name, and the word “contractor”.

1.4.10.1 Retrieval of Identification

The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media to KO within 14 days of an employee’s departure.

1.4.11 Combating Trafficking in Persons

The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract, procure commercial sex acts during the period of performance, or use forced labor in the performance of the contract. The contractor shall notify its employees of this zero-tolerance policy and the actions that will be taken for violations, up to and including employment termination, in accordance with FAR 22.17.

1.4.12 Organizational Conflicts of Interest (OCI)

The contractor and subcontractor personnel performing services under this contract may receive, have access to, or participate in the development of proprietary or source selection information (e.g., cost or pricing, budget analyses, specifications, etc.) or perform evaluation services which may create actual or potential OCIs, as defined in

FAR Subpart 9.5. The contractor shall notify the KO immediately of any potential OCI and promptly submit a mitigation plan. If the KO determines that an OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies, including prohibiting the contractor from participating in subsequent contracted requirements.

2.0 Definitions and Acronyms

2.1 Definitions

2.1.1 Contractor

A supplier or vendor awarded a contract to provide specific supplies or services to the

Government. The term refers specifically to the prime contractor.

2.1.2 Contracting Officer’s Representative (COR)

An employee of the US Government designated by the KO to monitor contractor performance. This individual has the authority to provide technical direction within the scope of the contract but does not have the authority to change the terms, conditions, or funding of the contract.

2.1.3 Defective Service

A service output that does not meet the standards of performance associated with PWS.

2.1.4 Deliverable

Anything that can be physically or electronically delivered, including non-manufactured items such as meeting minutes, certificates, or reports.

2.1.5 HIPAA & MCMRA

Acronyms standing for the federal Health Insurance Portability and Accountability

Act and the Maryland Confidentiality of Medical Records Act (Md. Code Ann., Health-Gen. §§ 4-301 to 4-310). Together, they establish federal and state privacy and security standards to protect patient medical records and other protected health information (PHI) processed by healthcare providers.

2.1.6 Physical Security

Actions and measures taken to prevent the loss or damage of Government property.

2.1.7 Quality Assurance (QA)

The Government's procedures to verify that services being performed by the Contractor meet acceptable standards.

2.1.8 Quality Assurance Surveillance Plan (QASP)

An organized written document specifying the methodology used to monitor and evaluate contractor performance.

2.1.9 Quality Control (QC)

All necessary measures taken by the Contractor to ensure that the quality of services meets contract requirements.

2.1.10 Subcontractor

An entity that enters into a contract with the prime contractor. The Government does not maintain a direct contract with the subcontractor.

2.2 Acronyms

• AEI: Army Enterprise Infostructure

• AR: Army Regulation

• AT/OPSEC: Antiterrorism/Operational Security

• AUP: Acceptable Use Policy

• BI: Background Investigation

• BLS: Basic Life Support

• CAC: Common Access Card

• CM: Contract Manager

• COR: Contracting Officer Representative

• DA: Department of the Army

• DEERS: Defense Enrollment Eligibility Reporting System

• DFARS: Defense Federal Acquisition Regulation Supplement

• DoD: Department of Defense

• FMR: Fully Medically Ready

• FPA: Full Practice Authority

• FPCON: Force Protection Condition

• GFP/M/E/S: Government Furnished Property/Material/Equipment/Services

• HIPAA: Health Insurance Portability and Accountability Act

• HQDA: Headquarters, Department of the Army

• HSPD: Homeland Security Presidential Directive

• IA: Information Assurance

• IMR: Individual Medical Readiness

• IS: Information System(s)

• KO: Contracting Officer

• MBON: Maryland Board of Nursing

• MBP: Maryland Board of Physicians

• MCMRA: Maryland Confidentiality of Medical Records Act

• MDARNG: Maryland Army National Guard

• MODS: Medical Operational Data System

• MOSH: Maryland Occupational Safety and Health

• NGB: National Guard Bureau

• OCI: Organizational Conflict of Interest

• OSHA: Occupational Safety and Health Administration

• PA: Physician Assistant

• PDHA: Post-Deployment Health Assessment

• PDHRA: Post-Deployment Health Re-Assessment

• PHA: Periodic Health Assessment

• PII: Personally Identifiable Information

• PHI: Protected Health Information

• PRS: Performance Requirements Summary

• PWS: Performance Work Statement

• QA: Quality Assurance

• QASP: Quality Assurance Surveillance Plan

• QC: Quality Control

• QCP: Quality Control Program

• RAPIDS: Real-Time Automated Personnel ID System

• SSN: Social Security Number

• TASS: Trusted Associate Sponsorship System

3.0 Government Furnished Property, Material, Equipment and Services

(GFP/M/E/S)

The Government will provide the following solely for the purpose of performance under this contract:

3.1 Property

The Government will furnish the necessary workspace for the contractor to perform services outlined in this PWS, including desk space, telephones, computers, and other items necessary to maintain an office environment.

3.2 Materials

Basic office supplies will be provided.

3.3 Equipment

The Government will provide computers, desk phones, and necessary medical tools/devices as required for assessments.

3.4 Utilities

All utilities in the facility will be available for the contractor’s use. The contractor shall instruct employees in utility conservation practices and operate under conditions that preclude waste.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E)

4.1 General

Except for those items specifically stated to be Government-Furnished in Section 3.0, the contractor shall furnish everything required to perform these services as indicated in

Section 1.1.

5.0 Requirements

The contractor shall provide the following:

5.1 Medical Provider Services

The Contractor shall provide one (1) licensed medical provider to perform PHA, PDHA, PDHRA, physical examinations for special military schools, and miscellaneous examinations. The provider shall comply with all military, legal (HIPAA, MCMRA, and the Privacy Act), and regulatory policies and procedures concerning these duties and responsibilities. Personnel assigned to this requirement shall possess the required technical skills and clinical expertise to perform functions with minimal guidance.

5.1.1 Licensing and Credentialing Requirements

The medical provider selected must possess and maintain a valid, current, and unrestricted Maryland State License. The license and all professional credentials must be renewed and maintained continuously during the life of this contract without additional expense to the Government. The Contractor is solely responsible for obtaining any necessary licenses, permits, and complying with all applicable state and federal laws, codes, and regulations.

5.1.2 Special Qualifications

• Active Basic Life Support (BLS) certification.

• Minimum of three (3) years of experience as a clinical provider working with military populations.

• Must possess an active Common Access Card (CAC) prior to reporting to the clinic to conduct examinations.

• Technical Skills: Personnel assigned must possess the required technical skills and expertise to perform medical readiness assessments with minimal guidance.

5.1.3 Compliance with State and Federal Laws

The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable state, local, and federal laws, codes, and regulations in connection with the performance of services under this contract. PAs must maintain an active Collaboration Agreement with a collaborating physician in accordance with the Maryland PA Modernization Act of 2024.

5.1.4 Professional Disclosure

Complete disclosure of any past incidents in contract employees’ professional duties or incidents which might impact their professional standing, including pending charges or convictions involving felonies or misdemeanors (other than minor traffic violations)—is a mandatory component of the competency process. This disclosure must specifically include reports of any malpractice actions, claims, or charges ever brought against the employee, as well as the resolution or status of such cases. The MDARNG State

Surgeon’s Office will evaluate disclosures and determine eligibility. If pending charges or prior convictions are discovered during contract performance that were not disclosed, the contract provider may be terminated for default.

5.1.5 Malpractice Insurance & Gonzales Act

Healthcare providers, in the performance of services within their official scope of work under this contract, are covered for medical malpractice liability under the Gonzales Act

(10 U.S.C. § 1089). The Government will not reimburse or pay for additional medical malpractice insurance purchased by the contractor or contractor employees. The contractor shall ensure clinical services adhere to the standard of care established under

Maryland Courts and Judicial Proceedings Article, Title 3, Subtitle 2A.

5.1.6 Clinical Knowledge and Skills

The Government reserves the right to evaluate and test the contract provider prior to the performance of services and at any time during the contract to ensure they possess the necessary skills. If a provider's performance is found unsatisfactory or they are deemed unfit for duty, they will be removed from service. The Government reserves the right to bar any contract employee from the clinic if it is in the best interest of clinical operations.

5.1.7 Soldier Education

The contractor shall ensure that its employees educate Soldiers on available military and community resources to improve health, wellness, and medical readiness.

5.1.8 HIPAA & State Privacy Training

The contractor is responsible for ensuring all contractor employees complete HIPAA and

Maryland Confidentiality of Medical Records Act (MCMRA) compliance training annually and strictly adhere to federal and state guidelines regarding PHI.

5.1.9 OSHA and MOSH Compliance

The contractor is responsible for strict compliance with federal OSHA guidelines and

Maryland Occupational Safety and Health (MOSH) regulations (Md. Code Ann., Labor & Employment § 5-101 et seq.) regarding the use of disposable examination instruments, clinical hygiene, infection control, and biohazardous medical waste management.

5.1.10 Universal Precautions

The contractor shall ensure proper clinical implementation of standard universal precautions, bloodborne pathogen protocols, and infection control measures.

5.1.11 Mass Medical Events

The contractor shall ensure that its employees attend PHA and Soldier Readiness Process

(SRP) mass medical events as determined by the operational needs of the State of

Maryland and individual military units.

5.1.12 Policies and Regulations

The contractor shall ensure its employees follow all regulations and policies applicable to individual medical readiness (IMR) and deployment, including AR 40-501, AR 40-502, DoDI 6025.19, and other applicable DoD and Army guidance.

5.1.13 Medical Treatment Restrictions

Medical treatment is not authorized under this PWS. The provider's role is strictly limited to medical readiness examinations, periodic health assessments, evaluations, and administrative profiling.

5.1.14 Litigation Support

In the event of litigation or the investigation of a medical liability or malpractice claim, the contract employee shall cooperate fully with Government authorities and legal counsel. Contract personnel shall immediately notify the contracting office and COR of any legal papers received, assist in the defense or processing of the suit, and authorize

Government representatives to manage the litigation.

5.1.15 Misconduct & Disruption of Services

The Contracting Officer, COR, or Chief of the Department may immediately remove any contract employees whose actions, misconduct, or impaired state result in a clear disruption to the workplace or clinical operations.

5.1.16 Confidentiality of Medical Records

The contractor shall abide by AR 40-66 concerning limited privileged communication between the Soldier and the healthcare provider. The contractor shall maintain absolute confidentiality of patient records as embodied in the Privacy Act of 1974, HIPAA, and the Maryland Confidentiality of Medical Records Act (MCMRA) (Md. Code Ann., Health-Gen. §§ 4-301 to 4-310). Attention must be paid to the enhanced disclosure rules for mental health records under Health-Gen. § 4-307. No medical or personal information shall be released to external entities without written approval from the COR.

5.1.17 Referrals, Billing, and Conflict of Interest

The contractor shall not recommend or suggest to individuals authorized to receive care at military expense that they receive private medical care from the contractor or any external source. The contractor shall not bill the Soldier, private insurers, or any third party for services rendered under this contract. The contractor is permitted to conduct private practice outside of scheduled contract hours, provided there is no conflict of interest and no Government facilities, equipment, or resources are used.

5.1.18 Federal Employment Limitations

The contract employee shall not be an employee of the United States Government if such employment would create a conflict of interest. Any DoD military or civilian employee utilized under this contract must seek and obtain official off-duty employment approval in accordance with DoD 5500.7-R (Joint Ethics Regulation).

5.1.19 Clinical Safety

The contractor and contract employees shall comply with all local installation safety, fire prevention, and waste disposal regulations.

5.1.20 Training

Contract employees shall complete all required federal, military, and state training necessary to obtain and maintain active access to military medical databases, websites, and network systems.

5.2 Communication and Documentation

5.2.1 Clinical Documentation Standards

The contractor shall perform and document PHAs, SRP medical history, and physical examinations in strict accordance with AR 40-501 and AR 40-502. PHAs, PDHAs, and

PDHRAs shall be documented electronically within the Medical Operational Data

System (MODS). Physical examinations shall be documented on DD Form 2807-1 and

DD Form 2808.

5.2.2 Communication Skills

The contract employee must be able to read, write, and speak English fluently to effectively communicate with Soldiers, clinical staff, and command leadership.

5.2.3 Email Responsiveness

Contract employees shall regularly check their official Government email throughout the business day and respond in a timely fashion. An active "Out of Office" automatic response is mandatory during scheduled absences or non-workdays.

5.2.4 Voicemail Responsiveness

Contract employees shall check clinical voicemails throughout the business day and respond within 24 hours. An updated clinical voicemail greeting is required during scheduled absences.

5.2.5 Retention Standards and Profiling

Contract employees shall document all medical concerns and clinical findings as reported by the Soldier. Any medical conditions falling below retention standards in accordance with AR 40-502 must be documented in the electronic database (MEDCHART / e-Case), and a temporary physical profile must be initiated as appropriate. Clinical questions regarding fitness for retention shall be directed to the Deputy State Surgeon or their designated medical representative.

5.2.6 Reporting Significant Concerns

The contractor shall report significant, concerning, or red-flag clinical findings immediately to the Deputy State Surgeon or designee.

5.2.7 Review of Civilian Documentation

Contract employees should review submitted civilian medical documentation, make clinical fitness-for-duty recommendations, document findings accordingly, and scan all relevant civilian documentation into the Health Readiness Record (HRR) system.

6.0 Applicable Publications

Publications applicable to this PWS are listed below:

Publication

(Chapter/Pag e)

Date of

Publication

Mandatory or Advisory

Website / Source

Federal

Acquisition

Regulation

(FAR)

Current Mandatory https://www.acquisition.gov

Defense

Federal

Acquisition

Regulation

Supplement

(DFARS)

Current Mandatory https://www.acquisition.gov/dfars

Joint Travel

Regulation

(JTR)

Current Advisory https://www.defensetravel.dod.mil

DoDM

1000.13-M-

V1 DoD

01/23/2014

(Ch. 1:

Mandatory http://www.esd.whs.mil/Directives/issuances/dodm https://www.acquisition.gov/ https://www.acquisition.gov/dfars https://www.defensetravel.dod.mil/ http://www.esd.whs.mil/Directives/issuances/dodm

Identification

(ID) Cards

07/28/2020)

FIPS

Publication

201-2

Personal

Identity

Verification

(PIV)

August 2013 Mandatory http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf

DoDM 5200.2

DoD

Personnel

Security

Program

04/03/2017 Mandatory https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46

DoD CAC

Investigative

Guidance

09/09/2014

(Ch. 1:

05/04/2018)

Mandatory https://www.esd.whs.mil/Directives/issuances/dodi/

HSPD-12

Policy for

Common

Identification

Standards

08/27/2004 Mandatory https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11

DoD Privacy and Civil

Liberties

Programs

01/29/2019 Mandatory https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-

R Department of Defense

Privacy

Program

05/14/2007 Mandatory https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD

8140.01

Cyberspace

Workforce

Management

10/05/2020 Mandatory https://www.esd.whs.mil/Directives/issuances/dodd/

DoD

8570.01-M

Information

12/19/200

5 (Ch. 4:

11/10/201

Mandator y https://www.esd.whs.mil/Directives/issuances/dodm/ http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodm/

Assurance

Workforce

Program

5)

Army

Directive

2014-05 CAC

and

Installation

Access

03/07/2014 Mandatory https://armypubs.army.mil

AR 25-2

Information

Assurance

04/04/2019 Mandatory http://armypubs.army.mil

AR 530-1

Operations

Security

09/26/2014 Mandatory http://armypubs.army.mil

AR 525-13

Antiterrorism

12/09/2019 Mandatory http://armypubs.army.mil

AR 381-12

Threat

Awareness and Reporting

Program

06/01/2016 Mandatory http://armypubs.army.mil

AR 40-68

Clinical

Quality

Management

02/26/2004

(RAR

05/22/2009)

Mandatory https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r40_68.pdf

AR 40-502

Medical

Readiness

06/27/2019 Mandatory https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN37126-AR_40-

502-001-WEB-3.pdf

DoDI 6025.19

Individual

Medical

Readiness

Program

07/13/2022 Mandatory https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/6025

19p.pdf

Maryland

Health-

General Art.

§§ 4-301 to 4-

Current Mandatory Maryland Code Online https://armypubs.army.mil/ http://armypubs.army.mil/ http://armypubs.army.mil/ http://armypubs.army.mil/ http://armypubs.army.mil/ https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r40_68.pdf https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN37126-AR_40-502-001-WEB-3.pdf https://armypubs.army.mil/epubs/DR_pubs/DR_a/ARN37126-AR_40-502-001-WEB-3.pdf https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/602519p.pdf https://www.esd.whs.mil/portals/54/documents/dd/issuances/dodi/602519p.pdf https://law.justia.com/codes/maryland/health-general/title-4/subtitle-3/

(MCMRA)

Maryland

Health

Occupations

Art. Title 15

(PA

Modernization

Act)

Current

(2024

Revisions)

Mandatory Maryland Board of Physicians

Maryland

Health

Occupations

Art. Title 8

(NPs)

Current Mandatory Maryland Board of Nursing

Maryland

Labor &

Employment

Art. Title 5

(MOSH)

Current Mandatory Maryland Division of Labor & Industry

6.1 Applicable Forms

Forms applicable to PWS are listed below:

Form Date Website / Source

DD 1172-2

Application for ID

Card/DEERS

Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

I-9 Employment

Eligibility

Verification

10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i-9.pdf

DD 441 DoD

Security Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-

0499.htm

DD 250 Material

Inspection and

Receiving Report

Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_0499/

DD 2807-1 Report of

Medical History

Current DoD Forms Management

DD 2808 Report on Current DoD Forms Management https://mgaleg.maryland.gov/2024RS/fnotes/bil_0007/sb0167.pdf https://health.maryland.gov/mbon/pages/adv-prac-nurse-practitioner-index.aspx https://oag.maryland.gov/resources-info/Documents/pdfs/PIA%20Manual/Chapter3.pdf http://www.dtic.mil/whs/directives/forms/index.htm https://www.uscis.gov/sites/default/files/files/form/i-9.pdf http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm https://www.esd.whs.mil/Directives/forms/dd0001_0499/

Medical Examination

TECHNICAL EXHIBIT 1: Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable

Quality Level (AQL).

Performance

Objective

Performance

Standard

Acceptable Quality

Levels (AQL)

Surveillance Method /

By Whom

PWS 5.1 Perform and document clinical assessments

Perform and document the PHA, PDHA, PDHRA and other physical examinations as directed.

95% Accurate and compliant with DoD, HIPAA, and MCMRA standards

Periodic Inspection –

COR will monitor compliance

PWS 5.2.5 Retention &

Profile Management

Document medical problems falling below the retention standards of AR 40-502 in

MEDCHART/e-Case and initiate physical profile.

95% Accurate and clinically appropriate

Periodic Inspection –

COR will monitor compliance

PWS 5.2.7 civilian

Documentation

Review civilian and military notes to determine clinical fitness and duty restrictions.

95% Accurate and properly scanned into

HRR

Periodic Inspection –

COR will monitor compliance

TECHNICAL EXHIBIT 2: Deliverables Schedule

PWS Reference /

Deliverable Title

Frequency Number of

Copies

Medium/Format Submit To

PWS 1.4.5.1.5

CAC Return

Receipt

Within 15 calendar days of departure/dismissal of contractor employee

1 Electronic

Submission

TA / COR

PWS 1.4.5.2 AT

Level 1

Certificates

Within 15 calendar days of employee training completion

1 Electronic

Submission

COR

PWS 1.4.5.3

iWATCH

Certificates

Within 15 calendar days of employee training completion

1 Electronic

Submission

COR

PWS 1.4.5.10

OPSEC

Certificates

Within 15 calendar days of employee training completion

1 Electronic

Submission

COR

PWS 1.4.5.11

OPSEC Level II

Cert

Within 15 calendar days of coordinator appointment/certification

1 Electronic

Submission

COR

PWS 1.4.10.1

Identification

Media

Return within 14 calendar days of employee departure

Originals Hard Copy KO

PWS 1.4.3

Quality Control

Plan (QCP)

Final draft due NLT 10 calendar days after contract award

1 Electronic

Submission

COR / KO

TECHNICAL EXHIBIT 3: Estimated Workload Data

This information is provided for historical background only. It is no guarantee of workload quantities.

Item Name Annual Estimated

Quantity

1 Perform and document medical readiness, deployment, or specialty examinations

2,000

2 Service Members to be clinically monitored

4,300