PWS 188 MDG BLANKET PURCHASE AGREEMENT Draft.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

MEDICAL LABORATORY TESTING 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 Laboratory Testing Laboratory Services, as defined in this PWS.

1.2 Background: In accordance with DoD and Air Force Policy, service members, as a conditioned of continued participation in military service, are required to maintain to their individual medical readiness requirements, which validate their medical readiness for deployment. The DoD and Air Force must adhere to Occupational Safety and Health Administration standards to protect individuals in the work environment.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months and four (4) 12-month option years.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall provide services between the hours of 0730-1630 on Sunday through Saturday, except on recognized US holidays. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. The required distance should be no greater than 30 minutes from the 188th Wing and within the Fort Smith Metropolitan Statistical Area.

1.4.1.1 Telework: 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 by the Security Police may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. 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 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 carry proper identification with them at all times, and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of 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:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Juneteenth National Independence Day: June 19th

1.4.2.6 Independence Day: July 4th

1.4.2.7 Labor Day

1.4.2.8 Columbus Day

1.4.2.9 Veteran’s Day: November 11th

1.4.2.10 Thanksgiving Day

1.4.2.11 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 the means by which 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 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 Access and General Protection/Security Policy and Procedures. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, Headquarters Air Force (HAF) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1. The contractor shall obtain base identification and vehicle passes, if required, for all contractor personnel who make frequent visits to or perform work on the Air Force installation(s) cited in the contract. Contractor personnel are required to wear or prominently display installation identification badges or contractor-furnished, contractor identification badges while visiting or performing work on the installation.

2. The contractor shall submit a written request on company letterhead to the contracting officer listing the following: contract number, location of work site, start and stop dates, and names of employees and subcontractor employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The contracting officer will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, the authorized contractor individual(s) should provide a valid driver s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures] to obtain a vehicle pass.

3. During performance of the contract, the contractor shall be responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee who no longer requires access to the work site.

4. Upon completion or termination of the contract or expiration of the identification passes, the prime contractor shall ensure that all base identification passes issued to employees and subcontractor employees are returned to the issuing office.

5. Failure to comply with these requirements may result in withholding of final payment.

1.4.5. Communications Security/Information Technology (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 the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.6 Protection of Sensitive Personally Identifiable Information (SPII) and Personally Identifiable Information (PII). The contractor shall protect all SPII/PII encountered in the performance of services in accordance with Controlled Unclassified Information Standards per as authorized by National Authorities 18 USC 3486(e),18 USC 4247(e), 38 USC 5705, 38 USC 7332(a), 42 USC 242m(d), 42 USC 1320d-2(d)(2) and note(b), (Public Law 104-191 Section 264), 42 USC 15044(c), 42 USC 290dd-2(a), 29 CFR 1630.16(c)(3), 42 CFR 2.1(a), 42 CFR 2.2(a), 42 CFR 2.12(a), 42 CFR 2.13(c), 42 CFR 2.16(a), 42 CFR 2.21(b), 45 CFR 164.306(a), 45 CFR 164.502(a), and 45 CFR 164.508(a) and Defense Federal Acquisition Regulation Supplement (DFARS) 224.103 Personally Identifiable Information and Department of Defense Directive (DoDD) 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. Information will also be protected under the Privacy Act of 1974 as amended by 5 U.S.C. § 552a, and not released to any party except those identified in the contract without proper documentation even in reference to the Freedom of Information Act, 5 U.S.C. § 552, without alerting both parties through official request. If a SPII/PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals whose SPII/PII has been compromised.

1.4.7 Requirement for OPSEC Training. In accordance with AFI 10-701, Operations Security, OPSEC PMs/Signature Managers/Coordinators will provide OPSEC training or training materials to contract employees within 30 days of employees’ initial assignment to the contract and prior to having access to any critical information (CI) and annually thereafter. General organizational orientations may need to be supplemented by duty-related orientations in the work center targeted toward specific critical information and vulnerabilities associated with the work. Initial training (OPSE 1301 - OPSEC Fundamentals) is located on the ADLS website and refresher OPSEC training is conducted annually (at Commander's Call). The contractor shall submit certificates of completion for each contractor employee to the COR within 15 calendar days after completion of training.

1.4.8 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.

1.4.8.1 Key Control NOTE: All references to keys include key cards. The contractor shall establish and implement methods of ensuring that no keys/key cards issued by the Government are lost or misplaced or are used by unauthorized persons. No keys issued by the Government shall be duplicated. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The contractor shall include procedures covering key control in the QCP.

1.4.8.1.1 The contractor shall immediately report any occurrences of lost or duplicated keys/key cards to the COR.

1.4.8.1.2 In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon direction by the KO, re-key or replace the affected lock or locks; however, the Government, at its option, may replace the affected lock or locks or perform re-keying. When the Government replaces or re-keys the locks, the Government will deduct the total cost of lock replacement or re-keying from the monthly payment due the contractor. In the event a master key is lost or duplicated, the Government will replace all locks and keys for that system and will deduct the total cost from the monthly payment due the contractor.

1.4.8.1.3 The contractor shall prohibit the use of the Government issued keys/key cards by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contactor employees engaged in the performance of services in those areas, or personnel authorized entrance by the KO.

1.4.8.2 Lock Combinations: The contractor shall establish and implement methods of ensuring that no lock combinations are revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the contractor’s QCP.

1.4.9 Special Qualifications: The contractor shall ensure all employees possess all required licenses used in the performance of this contract. This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. (NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified, and otherwise qualified to provide services.)

1.4.10 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 the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.11 Contract Manager (CM): The contactor 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 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 the 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.

1.4.11.1 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 (i.e., badges and vehicles passes) to the KO within 14 days of an employee’s departure.

2.0 Definitions and Acronyms:

2.1 Definitions:

2.1.1 Contractor: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract: medical laboratory samples provided for testing.

3.1 Materials: blood and urine samples for testing the following labs:

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): Collection vials, tubes, and cups

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall:

5.1 Retrieve all test samples provided by the 188 MDG to their collection site

5.1.1 Process all samples provided in accordance with industry standards. Processing must not start until a completed call/contract is received from the 188th Contracting Officer monthly.

5.1.2 Compile the results for each patient into a lab report.

5.1.3 Submit reports of test results electronically to the 188 MDG for each patient immediately upon completion of processing which will vary depending on the specific lab test ordered.

5.1.4 Submit a detailed invoice, within 14 calendar days, for payment to the Base Contracting Office, 188.wg.contracting.org@us.af.mil

6.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b) 01/23/2014 (Change 1: 07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (paragraph 9) August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf

https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common Access Card (CAC) 09/09/14 (Change 1: 05/04/2018) https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common Identification Standard for Federal Employees and Contractors 08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs 01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy Program 05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD 8140.01 Cyberspace Workforce Management

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

DoD 8570.01-M Information Assurance Workforce Improvement Program 12/19/2005 (Change 4: 11/10/2015) https://www.esd.whs.mil/Directives/issuances/dodm/

DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) 02/28/2006 (Change 2: 05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/

AFI 10-245

Antiterrorism 03/28/2013 (Certified current 03/30/2017) https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=1&series=-1&modID=449&tabID=131

AFI 31-101

Security Forces Standards and Procedures 08/18/2020 https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=1&series=-1&modID=449&tabID=131

AFMAN 31-113

Security Forces Standards and Procedures 03/05/2013 Change 1:

12/02/2015 https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=1&series=-1&modID=449&tabID=131

AFPD 17-1

Information Dominance Governance and Management 04/12/2016 https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=1&series=-1&modID=449&tabID=131

AFMAN 17-1301

Computer Security (COMPUSEC) 02/12/2020 https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=1&series=-1&modID=449&tabID=131

AFI 10-701

Operations Security 7/24/2019 (Change 1:

06/09/2020) https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=1&series=-1&modID=449&tabID=131

https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF

18 USC 3486(e) https://www.govinfo.gov/content/pkg/USCODE-2017-title18/pdf/USCODE-2017-title18-partII-chap223-sec3486.pdf

18 USC 4247(e) https://www.govinfo.gov/content/pkg/USCODE-2017-title18/pdf/USCODE-2017-title18-partIII-chap313-sec4247.pdf

38 USC 5705

https://www.govinfo.gov/content/pkg/USCODE-2017-title38/pdf/USCODE-2017-title38-partIV-chap57-subchapI-sec5705.pdf

38 USC 7332(a) https://www.govinfo.gov/content/pkg/USCODE-2017-title38/pdf/USCODE-2017-title38-partV-chap73-subchapIII-sec7332.pdf

42 USC 242m(d) https://www.govinfo.gov/content/pkg/USCODE-2017-title42/pdf/USCODE-2017-title42-chap6A-subchapII-partA-sec242m.pdf

42 USC 1320d-2(d)(2) and note(b)(Public Law 104-191 Section 264) https://www.govinfo.gov/content/pkg/USCODE-2017-title42/pdf/USCODE-2017-title42-chap7-subchapXI-partC-sec1320d-2.pdf

42 USC 15044(c) https://www.govinfo.gov/content/pkg/USCODE-2017-title42/pdf/USCODE-2017-title42-chap144-subchapI-partC-sec15044.pdf

42 USC 290dd-2(a) https://www.govinfo.gov/content/pkg/USCODE-2017-title42/pdf/USCODE-2017-title42-chap6A-subchapIII-A-partD-sec290dd-2.pdf

29 CFR 1630.16(c)(3) https://www.govinfo.gov/content/pkg/CFR-2018-title29-vol4/pdf/CFR-2018-title29-vol4-sec1630-16.pdf

42 CFR 2.1(a) https://www.govinfo.gov/content/pkg/CFR-2016-title42-vol1/pdf/CFR-2016-title42-vol1-sec2-1.pdf

42 CFR 2.2(a) https://www.govinfo.gov/content/pkg/CFR-2016-title42-vol1/pdf/CFR-2016-title42-vol1-sec2-2.pdf

42 CFR 2.12(a) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-12.pdf

42 CFR 2.13(c) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-13.pdf

42 CFR 2.16(a) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-16.pdf

42 CFR 2.21(b) https://www.govinfo.gov/content/pkg/CFR-2018-title42-vol1/pdf/CFR-2018-title42-vol1-sec2-21.pdf

45 CFR 164.306(a) https://www.govinfo.gov/content/pkg/CFR-2018-title45-vol1/pdf/CFR-2018-title45-vol1-sec164-306.pdf

45 CFR 164.502(a) https://www.govinfo.gov/content/pkg/CFR-2018-title45-vol1/pdf/CFR-2018-title45-vol1-sec164-502.pdf

45 CFR 164.508(a) https://www.govinfo.gov/content/pkg/CFR-2018-title45-vol1/pdf/CFR-2018-title45-vol1-sec164-508.pdf

https://www.govinfo.gov/content/pkg/USCODE-2018-title5/pdf/USCODE-2018-title5-partI-chap5-subchapII-sec552a.pdf

https://www.congress.gov/114/plaws/publ185/PLAW-114publ185.pdf

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

DD 1172-2

Application for Identification Card/DEERS Enrollment

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

DD 441

Department of Defense Security Agreement Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm

DD 250

Material Inspection and Receiving Report

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).

TECHNICAL EXHIBIT 2

Deliverables Schedule

Ver. October 2022