PWS Womack Nutrition Care Services 05ep2025.docx

Department of Defense Defense Health Agency Performance Work Statement (PWS)

Nutrition Care Services for

Womack Army Medical Center (WAMC) at

Fort Bragg, North Carolina

Version: 1

Date: 03 September 2025

PART 1

1.0 GENERAL INFORMATION

1.1 General. This is a non-personal services contract to provide meals to meet the special nutrition needs of patients, Service Members, and guests at Womack Army Medical Center (WAMC). Contractors are not subject, either by the contract terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees. Contractors shall be accountable solely to the Government.

1.2 Description of services/introduction. The contractor shall provide all personnel necessary to perform Nutrition Care food services as defined in the Performance Work Statement (PWS), except for those items specified as Government furnished property and services. The Contractor shall perform in accordance with (IAW) the terms and conditions of the contract and consistently with the established standards in this PWS and contract.

1.3 Background. WAMC provides health care services to qualified military, family members, and retirees on the Fort Bragg installation in North Carolina. A vital part of the health care network is the delivery of nutrition care food services, to include educating on and providing patrons healthy food choices and patient therapeutic feeding and nourishments. As part of this program, the Government monitors the nutritional content, quality and consistency of food products for meal preparation and service.

1.4 Objectives. To provide a quality, nutritious food service support that is flexible, efficient, and cost effective. The basic service objectives include the following:

1.3.1 Provide food preparation/presentation/transport/serving duties.

1.3.2 Provide janitorial/custodial/sanitation related functions in the kitchen areas and behind the serving line.

1.3.3 Provide dishwashing services to include pots, pans, utensils, and tray cleaning.

1.3.4 Provide receiving/storing/rotating/transferring subsistence duties.

1.5 Scope of Work. The contractor shall provide qualified personnel to perform Nutrition Care food services at WAMC, Fort Bragg, North Carolina.

1.6 Period of Performance. 8-month Base Period and two (2) 12-month Option Periods.

1.7 Safety and Health. The contractor will ensure each employee has met documented minimum hospital health compliance requirements prior to commencement of work. At a minimum, contract employees must have a Tuberculosis (TB) Skin Test within one (1) year and a Tetanus immunization within the past 10 years.

1.7.1 All contract employees shall have an influenza shot in accordance with WAMC policy during the Fall influenza immunization time period unless documented by a physician to be medically contraindicated. The Contracting Officer Representative (COR), with the explicit case-by-case approval of the WAMC Commander, is empowered to make exceptions to these requirements, for example, in the event of vaccine shortage or bona fide religious exceptions, but nothing herein shall be construed as an imperative or directive upon the COR to make such exceptions.

1.7.2 The contractor shall forward current immunization records for all CSPs within five (5) calendar days of any Government request. The contractor is responsible for providing any additional immunizations required by the Government for the facility where services are provided.

1.7.3 The contractor shall provide renewal certificates, detailing compliance with annual health/immunization requirements for all contractors to the COR.

1.7.4 The contractor shall report all accidents to the Nutrition Care OIC or NCOIC of Production and Service, supervisor within one (1) hour of occurrence. The OIC or NCOIC, supervisor will provide specific guidance as to any form(s) that need to be completed, and actions required. The contractor shall ensure CSP’s comply with the Military Treatment Facility (MTF) Occupational Health and local infection control regulations.

1.7.5 The contractor is responsible for providing the COR a medical clearance for any contract employees absent with a potentially transmittable disease for three (3) or more days. The employee shall present a statement from a physician that states the employee is free from any illness or disease before the employee is allowed to return to work. A copy of the physician’s statement (either on official letterhead or with a physician’s stamp) shall be submitted to the COR upon the employee’s return

1.7.6 WAMC will provide emergency treatment to prevent the loss of life, limb, or undue suffering to the CSP injured in the performance of duties while working at WAMC the facility. The contractor shall pay for medical services provided in accordance with current policies regarding civilian emergencies for Government/contractor personnel. Required medical examinations and treatment for all job-related injuries or illness shall be the responsibility of the contractor.

1.8 Contractor Representative. The Contractor shall designate, in writing, at least five (5) working days prior to commencement of services, a point of contact responsible for the performance of work. The Contractor shall designate the primary point of contract and alternate point of contact (by name and in writing) to the contracting officer. The point of contact or alternate shall have full authority to act for the contractor on all contract matters and contract employee issues relating to the daily operations and performance of work written and implied in this contract. The point of contract or alternate shall be available, Monday through Fridays, except Federal Holidays or when the Government facility or designated place of work is closed.

1.8.1 The point of contact will not be required to be onsite, but will, as a minimum, maintain close coordination with their leads to ensure compliance with the contract.

1.8.2 The contract employees shall regularly use their lead and company contract point of contact with contract or company related issues. Point of contact in turn, if necessary, coordinate with the COR for assistance.

1.8.3 The COR and other relevant Government personnel may meet periodically to review the contractor’s performance at the facility. The COR will provide feedback on the compliance to the performance/quality standards. Any issues or problems and preliminary solutions will be discussed. Appropriate action should be agreed upon and implemented to resolve outstanding issues or noncompliance to the performance/quality standards. The progress meetings may be scheduled in advance, or on an “as needed” basis. The meetings will not incur any additional cost to the Government and are recommended to enhance communication among the personnel involved.

1.9 Quality Control (QC) Plan. Within 60 calendar days after contract award, the contractor shall submit and implement a QC Plan that is reviewed and approved by the COR on an annual, or as changes are made, basis. The contractor’s quality control program shall reflect statistically valid industry methodologies used to establish quality control and/or process improvement (PI) methods. The methods used will provide quality data captured, analyzed, and used to identify trends; action(s) taken in response to these trends and other reports appropriate for this industry and as required by the COR.

1.9.1 The plan shall include, as a minimum: (1) an inspection system, (2) methods for identifying and preventing deficiencies, (3) processes for implementing correction actions, (4) proposed complaint feedback system, and (5) identification of inspection records used for report.

1.9.2 The plan shall include, as a minimum: (1) an inspection system, (2) methods for identifying and preventing deficiencies, (3) processes for implementing corrective actions, (4) proposed complaint feedback system, and (5) identification of inspection records used for report.

1.9.3 The contractor shall submit a quarterly consolidated report summarizing QC results to the COR and CO on a quarterly basis.

1.10 Contractor Discrepancy Report (CDR). When the Contractor’s performance is unsatisfactory, a CDR will be issued. The Contractor shall reply in writing within (5) workdays from the date of receipt of the CDR, giving the reasons for the unsatisfactory performance, corrective action taken, and procedures to preclude recurrence.

1.11 Quality Assurance (QA). The Nutrition Care NCOIC of Production and Service and COR 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 COR must 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 the minimum acceptable defect rate(s). When an observation indicates defective performance, the COR will require the Contractor to initial the observation to acknowledge the defective performance. The acknowledgement of the observation does not necessarily constitute Contractor concurrence with the observation, only that the Contractor has been made aware of the defective performance.

1.12 The contractor is responsible for ensuring employee conduct is appropriate to maintain a good work environment and complete the required tasks for the specific work area. Personnel are expected to complete all assigned tasks according to the established timelines, remain cooperative, conveys a customer service approach with helpfulness and courtesy.

1.12.1 The Contractor shall take prompt, reasonable, and appropriate disciplinary action for contract employees who do not meet performance standards, inconsistent attendance, tardiness, and/or do not meet customer service expectations.

1.12.2 The Contractor shall ensure that all employees comply with the Womack smoking policies while performing services under this contract. Smoking restrictions will apply at any location or building where services are performed under this contract.

1.13 Identification of Privacy Act. This contract requires the development of a system of records in accordance with the Privacy Act of 1974.

1.14 Property Management System. The Government will provide facilities, equipment, supplies, materials, utilities, and services to the contractor as Government furnished property for performance of the contract. The contractor shall not use Government furnished property for any purpose other than execution of work under this contract. Use of Government furnished property is at no charge to the contractor.

1.14.1 The contractor shall comply with applicable Government regulations addressing management and responsibility for Government Property, specifically, AR 735-5, Policies and Procedures for Property Accountability.

1.14.2 All Government furnished items shall remain the property of the Government and shall not leave the facility.

1.14.3 The Government shall maintain and replace all real property, fixtures and equipment, and small wares.

1.14.4 The contractor shall monitor the operability of equipment, identify equipment malfunctions and report same to the Nutrition Care OIC/NCOIC, Supervisor on duty, or COR within one (1) hour. The Government will repair or replace the malfunctioning equipment.

1.15 Federal Holidays. Federal Holidays are listed below for information purposes. The contractor shall provide food services during established operation hours because they are mission essential with the exception of Material Handlers who are not mission essential.

Material Handlers are not required to work on Federal Holidays.

Independence Day

1.15.1 When an unforeseen installation or WAMC closure occurs on a regularly scheduled day of work, mission essential personnel are required to report to work if it is safe to report. Material Handlers will not be required to report to work because they are not mission essential.

1.16 Hours of Operation.

Weekend/ Federal Holiday/ 0600-0900 1100-1300 1600-1800 Not Open Training Holiday

1.16.1 The contractor shall provide the required food services during the hours of operation. WAMC is open every day of the year. In preparation for service, the duty day spans from 0500-1900. All positions rotate shifts except Material Handlers.

Food Service Worker 0600-1430 0600-1430 1030-1900

Material Handler (M-F ONLY, 0500-1330 No Federal Holidays)

Patient Tray Services 0500-1330 0600-1430 1000-1830

1.17 Place of Performance. The Contractor shall provide Nutrition Care food services at WAMC, Fort Bragg, North Carolina.

1.18 Security Requirements. The contractor shall be responsible for the security of all Service Member information.

1.18.1 Neither the Contractor nor any of its CSPs shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.18.2 All inquiries, comments, or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the Contracting Officer’s Representative (COR) and the Contracting Officer (CO).

1.18.3 The contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel will be provided to the contractor by the government, in writing, within three (3) days after contract award, and will be updated as necessary throughout the contract period.

1.18.4 US Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the contractor, but remain the property of the US Government. These files/results must be surrendered to the COR at the end of the contract.

1.18.5 Common Access Card (CAC) and badge issuance. Contractors do not need a CAC to perform their duties. All contract personnel will obtain a WAMC contractor badge to gain access to the appropriate areas in the Nutrition Care workspace. Badges shall be worn at all times, when performing work under this contract, to include attending government meetings. Unless otherwise specified in the contract, Contract personnel shall wear the WAMC contractor badge in a conspicuous place on the front exterior clothing and above the waist, except when safety or health reasons prohibit such placement. Reference CAC Issuance and Revocations: DoDI 5200.46, September 09, 2014.

The Contractor shall develop, maintain, and provide to the COR an updated roster which shall include names and positions of all Contractor personnel. The Contractor shall submit initial roster to the COR within 10 calendar days after commencement of base period of performance.

The Contractor shall immediately report any lost WAMC contractor badge to the COR. The Contractor shall immediately collect the WAMC contractor badge upon termination of employee, or at the end of the contract performance period. The CAC and other government issued forms of identification shall be returned to the COR within one (1) hour of employee termination, or at the end of contract performance period, whichever comes first. Final payment may be delayed if Contractor fails to comply with these requirements

1.18.6 Trustee Associated Sponsorship System (TASS).

1.18.6.1. The contractor shall comply with agency personal identity verification procedures that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M 05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.18.6.2. The contractor shall comply with agency personal identity verification procedures in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.

1.18.6.3. The contractor shall ensure compliance with the provisions set forth below. For purposes of the Federal Acquisition Regulation (FAR) Clause 52.204-9, the government will designate a Trusted Agent (TA) for this contract. The government reserves the right to amend or supplement these provisions pursuant to the Changes clause in the contract.

1.18.6.4. The contractor is responsible for absences of CSPs due to expired identification and access documents. Such absences shall not relieve the contractor of its obligation to perform the services required under this contract.

1.18.6.5. In-processing Requirements. The CSPs are prohibited from performing services under this contract absent compliance with the in-processing requirements set forth below.

1.18.6. National Industrial Security Program (NISP). The Contractor shall implement and maintain a security program for control of personnel, property, and information, including unclassified and classified materials, documents, and records. Contractor shall comply with FAR 52.204-2, Security Requirements. This clause involves access to information classified “Confidential,” “Secret,” or “Top Secret” and requires Contractors to comply with -- (1) The Security Agreement (DD Form 441), including the National Industrial Security Program Operating Manual (DOD 5220.22-M); any revisions to DOD 5220.22-M, notice of which has been furnished to the Contractor. In addition, the Contractor’s security program shall include provisions for, but not limited to:

· Initial and Annual Operations Security (OPSEC) awareness training IAW AR 530-1. Operations Security, new contract employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter.

· Receiving, storing, disseminating, transmitting, transporting, and protecting items classified as CONFIDENTIAL or SECRET by the Government, including the use of courier cards.

· In-processing and out-processing Contractor personnel for security matters.

· Obtaining Contractor personnel security clearances.

· Documenting and reporting actual and potential security problems.

· Initiating proper procedures to correct documented problems and implementing corrective procedures in the Contractor's security program.

· Filing Classified Documents. All Government-furnished classified and unclassified files in existence at the contract performance start date and those generated under this contract shall be maintained in accordance with AR 25-400-2 or other applicable regulations. Files shall be transferred to the CO or designated representative upon completion of the contract period or last day of contract performance, whichever comes first. Such files are the property of the U.S. Government. The Contractor shall provide security of classified documents in accordance with AR 380-5 and DOD 5200.1-R, NISP Operating Manual 1.4.6.

1.18.7 Physical Security Plan. This portion of the Contractor’s security program shall address physical security aspects associated with contract performance and describe how the Contractor shall prevent unauthorized access, vandalism, pilferage, larceny, sabotage, and arson directed toward Contractor-controlled facilities and Government Furnished Property (GFP). The following regulations shall apply when developing the physical security plan: ARs 190-11, 190-13, and 190-51; Department of Defense (DOD) 4500.9-R, and Department of Defense Instruction (DODI) 5100.76 and DODI 5220.22, and applicable Fort Bragg regulation or applicable installation policies. The Contractor shall develop and implement a physical security plan in accordance with AR 190-13.

1.18.8 Key Control. The Contractor will not be issued keys or key cards.

1.18.9 Lock Combinations. The Contractor will not be given access to any lock combinations.

1.18.10 Access and General Protection/Security Policy and Procedures. All Contractor personnel performing work under this contract shall comply with applicable installation, facility and area commander installation/facility access, local security policies and security procedures provided by the Security Manager Government representative. Contractor personnel 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. Contractor personnel shall comply with all personal identity verification requirements as directed by Department of Defense (DoD), HQ Department of Army (DA) or local policies. Sponsoring organizations, activities, and persons will be responsible for monitoring contractor access by submitting a completed and approved DES Form 118 to the Installation All American VCC 5, detailing the contracted services to be performed, location of services, and duration of the contract.

Contractors requesting access for less than one (1) year may receive an AIE visitor card on a case-by-case basis, or a temporary vehicle pass for 90 days. Contractor cards will be issued for periods of one to three (1-3) years depending on the terms of their contract. AIE card expirations may be updated to reflect a new contract period by submitting an approved DES Form 118 to the All American VCC 5. Renewed short term passes must be re- processed at the All American VCC. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in Contractor and subcontractor security matters or processes.

1.19 Safety. The contractor shall perform work in a safe manner as required by OSHA Safety and Health Requirements. Provide a verbal notification to the CO as soon as possible of each occurrence of damage to Government property or an accident resulting in death, injury, occupational disease, or adverse environmental impact. Provide a completed copy of required Accident Investigation Reports to the CO within three (3) calendar days of each occurrence.

1.19.1 Environment and OSHA. The Contractor shall comply with all local, state, and Federal environmental and occupational safety laws, rules, and regulations. Any apparent conflict between compliance with such local, state and Federal laws, rules and regulations, and compliance with the requirements of the contract shall be immediately brought to the attention of the CO and/or the COR final resolution. The Contractor shall notify the CO and COR in writing in addition to any verbal notification of such conflicts. The Contractor shall be liable for all fines, penalties, and costs which result from violations of, or failure to comply with, all such local state, or Federal laws, rules, and regulations. All unsafe acts or conditions fostered by the Contractor or Contractor personnel may be grounds for the CO or COR, to halt all Contractor performance with a commensurate deduction of monies due the Contractor until such unsafe conditions are corrected. The Contractor shall take due caution not to endanger personnel during performance of this contract. Upon discovery of any hazard such as, but not limited to, fire, or large fuel spill, the Contractor shall immediately notify the CO or COR.

1.20 Organizational Conflict of Interest. The contractor shall not employ any person or perform a contract in a situation where the existence of conflicting roles may bias the contractor's judgement or prevent unfair competitive advantage in accordance with Organizational Conflict of Interest Rules in FAR 9.5.

1.21 General.

1.21.1 The Contractor shall be responsible for ensuring all personnel performing work under this contract possess and maintain current certifications as indicated in this PWS during the execution of this contract.

1.21.1.1 Contractor personnel performing work under this contract shall be able to read, write, speak, and understand the English language to effectively carry out all contract requirements. They shall have a command of both the written and spoken English language to properly clearly and effectively communicate in person or via electronic devices (telephone or Email) with co-workers, customers, and the general public.

1.21.1.2 Contractor personnel performing work under this contract shall be U.S. citizens unless the provisions of Army Regulation 25-2, Information Assurance have been fully completed, and approval has been granted by the Government for the non-U.S. citizen to perform the required support.

1.21.2 Key Personnel. Key personnel shall not be added to or removed from the contract without express acknowledgement of the COR. Any changes to the working status of these key personnel shall be transmitted (in writing) to the CO/COR within 10 workdays of the proposed change. If, for any reason, any of the key personnel becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding 30 workdays the contractor shall promptly replace personnel with personnel who possess qualifications equal to or better than that of the original employee. The Contractor shall ensure all key personnel terminated or released from employment under this contract are replaced within 10 workdays of the termination. The contractor shall provide experienced and qualified technical contractors to accomplish all contract requirements. The Contractor shall have the necessary training and experience to understand the unique technical terminology associated with the execution of all required services.

1.21.2.1 The follow are considered key personnel by the Government: The Contractor shall provide

· Eight (8) cooks

· Two (2) food service workers

· Two (2) material handlers

1.21.2.2 Cooks. All contractors involved in food preparation, presentation, and service work as cooks for all food service areas shall have the following qualifications and experience: The Contractors shall:

a) Have and maintain ServSafe Manager certification or Annual Food Handlers Certificate and

b) Must have a minimum of two (2) years prior food service knowledge cooking in a large-scale health care food service operation.

1.21.2.2.1 The Contractor shall have the ability to:

a) Cook a wide variety of meats, vegetables, soups and other food items in appropriate quantities;

b) Follow menus, recipes, and production sheets;

c) Make adjustments to recipes as needed, plan and coordinate food production and serving times;

d) Be familiar with progressive cooking techniques, portion control, proper storing and accounting for leftovers;

e) Prepare therapeutic diets;

f) Read and write English and do simple math for recipe calculations and modifications to meet the standards of regular and therapeutic diets;

g) Maintain adequate inventory of cooking ingredients and supplies,

h) Keep a clean and sanitary work area at all times, and

i) Exhibit excellent customer service to internal and external customers.

1.21.2.3 Subsistence and Supply. All Contractors involved in requesting, receiving, storing, and issuing supplies and materials shall have the following experience/qualifications:

a) Have a minimum of one (1) year experience in a food related storeroom and warehouse environment;

b) Experience in supply requesting, receiving, distribution and food safety and sanitation principles;

c) Ability to apply analytical skills necessary to read and interpret supply documentation and calculate quantities required and received;

d) Experience in conducting perpetual and monthly inventory, proper storing, stacking, labeling, and rotating supplies and materials;

e) Ability to read and write English; and

f) Ability to lift and carry material that weigh up to 100 pounds (with assistance).

1.21.2.3.1 The Contractor shall have the ability to:

a) Receive incoming shipments of food and non-food items. Verifies quantities received against quantities ordered, recording any shortages. Reject any visibly damaged, expired, or items of unacceptable quality or improper substitutions. Sign receiving documents after pallets delivered have been reviewed. For any questionable items found during receiving or while unloading pallets in storeroom, employee will set aside items and discuss with supervisor. Move items from loading dock to storerooms using pallet jacks or handcarts, with priority placed on perishable items;

b) Store food items in like groups according to space plans as well as any special storage requirements, including size, weight, and potential for cross-contamination;

c) Rotate stock as new orders are received to ensure items with oldest receiving date and/or soonest “use by or expiration date” are issued before newer items. If no date is on package at time of receiving, will write date received on package to assist with stock rotation;

d) Selects and assembles items for issue on various carts for various sections of Nutrition Care. Ensures pull carts are loaded in accordance with DA Form 2930s or electronic pull sheet that are prepared by the respective supervisors at least 24-hours in advance in required date and time, except for emergency needs or items that need extended thawing or need to stay frozen until day of meal;

e) Conduct daily review of storeroom stock levels. Records items needed and amounts to the daily order. Assists in preventing overages, shortages, or misplaced items by keeping storeroom well organized and following established stock levels. Notifies supervisor when established stock levels need adjusting due to an increase or decrease in usage rates;

f) Cleans, sweeps and mops storeroom areas. Wipes and cleans storeroom shelving; and

g) Performs perpetual and monthly physical inventory counts.

1.21.2.4 Food Service Workers. All Contractors involved in food preparation and sanitation as food service workers for any food service areas shall have the following qualifications and experience, the Contractor shall:

a) Have and maintain ServSafe Food Handler certification or Annual Food Handlers Certificate and

b) Have a minimum of one (1) year previous sanitation and food preparation experience in a large-scale health care food service operation.

1.21.2.4.1 The Contractor shall have the ability to:

a) Perform a variety of tasks associated with the preparation of simple foods, serving prepared foods and beverages and cleaning food service trays, pans, dishes and work areas. Performs the following on a regular or rotating basis;

b) Sets up and replenishes food service counters and steam tables with hot and cold food;

c) Serves food cafeteria style; prepares service stands by setting up condiments, silverware, and glassware. Assists handicapped patients by carrying trays or by seating and serving them. Transports patient trays to the ward;

d) Prepares fruits and vegetables for salad bar, cooking, and serving. Opens cans and portions food. Makes coffee, tea, and other beverages. Restocks juices and beverages. Makes a variety of fruit and vegetable salads. Cleans manual and electrical utensils utilized. Disposes of waste. Makes cold sandwiches using prepared ingredients;

e) Portions, assembles and arranges salads and desserts for regular and modified diets. Prepares portions of cold items for diets. Assembles and serves box lunches. Prepares sandwich bar items. Greets customers and serves customer at the sandwich bar. Assists Grab 'N Go cashier with stocking and supplying food items for Grab 'N Go area; and

f) Performs a variety of duties to facilitate the maintenance and cleanliness of the area to which assigned. Washes dishes, pots and pans, either manually or by use of mechanical equipment; disassembles, cleans and reassembles dishwashing machine after use. Sets up dining room for service; removes used utensils and dishes to dishwashing area.

1.21.3 Appropriate Conduct. The contractor shall conform to standards of conduct and code of ethics, which are consistent with those applicable in FAR 52.203-13, Contractor Code of Business Ethics and Conduct.

1.21.4 Personal Appearance. The contractors shall present a neat and clean appearance. All uniforms or outer clothing shall be laundered or dry cleaned as appropriate, well-fitting, and fresh each workday.

1.22 Contracting Officer Representative (COR). The Contracting Officer will designate, in writing, a COR. The COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The Contracting Officer will retain the ultimate responsibility for the administration of the contract. Any discrepancy resulting from coordination with or advisement from the COR shall be addressed, in writing, to the Contracting Officer. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: Assures that the Contractor performs the technical requirements of the contract; performs inspections necessary in connection with contract performance; maintains written and oral communications with the Contractor concerning technical aspects of the contract; issues written interpretations of technical requirements, including government drawings, designs, specifications; monitors Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinates availability of government furnished property, and provides site entry of Contractor personnel.

1.22.1 The COR will designate, in writing, an Alternate COR. The Alternate COR will have authority to take certain actions specifically provided and within the limitations prescribed in the designation. A copy of the designation will be furnished to the Contractor. In no event will the Alternate COR, by virtue only of his/her designation as such, empowered to execute or agree to any contract modification thereof. The Contracting Officer will retain the ultimate responsibility for the administration of the contract. The Alternate COR’s authority shall only be in effect during the absence of the COR.

1.23 Health Insurance Portability and Accountability Act (June 2012). In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24, 2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.

(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R.

Electronic Protected Health Information has the same meaning as the term “electronic protected health information” in 45 CFR 160.103.

Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who qualifies as a personal representative in accordance with 45 CFR 164.502(g).

Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part 160 and part 164, subparts A and E.

Protected Health Information has the same meaning as the term “protected health information” in 45 CFR 160.103, limited to the information created or received by the Contractor from or on behalf of the Government pursuant to the contract.

Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.

Secretary means the Secretary of the Department of Health and Human Services or his/her designee.

Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162, and part 164, subpart C.

Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR 160.103, 160.502, 164.103, 164.304, and 164.501.

(a) The Contractor shall not use or further disclose Protected Health Information other than as permitted or required by the Contract or as Required by Law.

(b) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health Information other than as provided for by this Contract.

(c) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and appropriately protest the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this Contract.

(d) The Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the TMA Breach Notification Standard Operating Procedure (SOP), which is available at: http://www.tricare.mil/tma/privacy/breach.aspx.

(f ) The Contractor shall report to the Government any security incident involving protected health information of which it becomes aware.

(g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not provided for by this Contract of which the Contractor becomes aware.

(h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.

(i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.

(j) The Contractor shall provide access, at the request of the Government, and in the time and manner reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR 164.524.

(k) The Contractor shall make any amendment(s) to Protected Health Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government, and in the time and manner reasonably designated by the Government.

(l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of Protected Health Information received from, or created or received by the Contractor, on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s compliance with the Privacy Rule.

(m) The Contractor shall document such disclosures of Protected Health Information and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

(n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated by the Government, information collected in accordance with this Clause of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in accordance with 45 CFR 164.528.

General Use and Disclosure Provisions

Except as otherwise limited in this Clause, the Contractor may use or disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment, payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.

(b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the proper management and administration of the Contractor, provided that disclosures are required by law, or the Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of the information has been breached.

(c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).

(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and State authorities, consistent with 45 CFR 164.502(j) (1).

Obligations of the Government

Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions:

(a) The Government shall provide the Contractor with the notice of privacy practices that the Government produces in accordance with 45 CFR 164.520.

(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by Individual to use or disclose Protected Health Information, if such changes affect the Contractor’s permitted or required uses and disclosures.

(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health Information that the Government has agreed to in accordance with 45 CFR 164.522.

Permissible Requests by the Government

The Government shall not request the Contractor to use or disclose Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and for management and administrative activities of the Contractor as otherwise permitted by this clause.

Termination

(a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any applicable default or termination provision of this Contract.

(b) Effect of Termination.

(1) If this contract has records management requirements, the records subject to the Clause should be handled in accordance with the records management requirements. If this contract does not have records management requirements, the records should be handled in accordance with paragraphs (2) and (3) below.

(2) If this contract does not have records management requirements, except as provided in paragraph (3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all Protected Health Information received from the Government or created or received by the Contractor on behalf of the Government. This provision shall apply to Protected Health Information that is in the possession of subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health Information.

(3) If this contract does not have records management provisions and the Contractor determines that returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the Government and the Contractor that return or destruction of Protected Health Information is infeasible, the Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses and disclosures of such Protected Health Information to those purposes that make the return or destruction infeasible, for so long as the Contractor maintains such Protected Health Information.

Miscellaneous

(a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required.

(b) Survival. The respective rights and obligations of Business Associate under the “Effect of Termination” provision of this Clause shall survive the termination of this Contract.

(c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security Rule.

PART 2

2.0 Definitions, Acronyms, and Applicable Publications / Instructions

2.1 Acronyms:

2.2 Definitions:

2.2.1 Acceptable Quality Level (AQL). The maximum percent defective or maximum number of defects that can be considered satisfactory on the average. The allowable variance from a standard before the government rejects defective service and requests a performance improvement plan.

2.2.2 Accountable Materials. Materials purchased with Government funds and added to the activities hand receipt or inventory.

2.2.3 Accountability. An obligation, imposed by law or regulation upon an individual to keep an accurate record of property, documents, or funds. The accountable individual may or may not have actual possession of the property, documents, or funds.

2.2.5 Chief, Nutrition Care Division (C, NCD). The government individual located at each site who reports to WAMC Commander on all nutrition care activities.

2.2.6 Contracting Officer (CO). A person with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

2.2.7 Contracting Officer’s Representative (COR). An individual designated and authorized in writing by the contracting officer to perform specific technical or administrative functions. This individual does NOT have authority to change the terms and conditions of the contract.

2.2.9 Nutrition Care Division (NCD). The division within WAMC responsible for providing hospital nutrition services; meal preparation and distribution to patients and staff; dietetic planning; and supervision and control of overall operations of food service at the facility.

2.2.11 Non-Commissioned Officer in Charge (NCOIC). An individual in the enlisted ranks of the military unit who has limited command authority over others in the unit. For this contract, the NCOIC of Production and Service for Nutrition Care is responsible for supervising other government personnel and managing nutrition activities within the Production and Service section of the Nutrition Care Division.

2.2.12 Nonpersonal services contract: a contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

2.2.13 Performance Requirements Summary (PRS). Identifies selected service outputs of the contract that will be evaluated by the government to assure contract performance standards are met by the contractor.

2.2.14 Production Planning Schedule (PPS). The PPS is used to determine the type and amount of food to prepare for each meal service period for both regular and modified diets. It is used to control food production and document food disposition.

2.2.15 Quality Assurance (QA). QA means the various functions, including inspection, performed by the Government to determine whether a contractor has fulfilled the contract obligations pertaining to the requirements of the contract.

2.2.16…