A.09.03_Solicitation_Amendment.pdf

W40M USA HLTH CONTRACTING ACT

SOUTHERN REG CONTR OFC

POC: IVETTE Y. JEFFERSON

3551 ROGER BROOK DR BLDG 3600

FORT SAM HOUSTON TX 78234-6200

0010963318

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

See Summary of Changes and Attachemtt One (1).

1. CONTRACT ID CODE PAGE OF PAGES

J 1 39

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 27-Jun-2017

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W81K00-17-R-0023

X 9B. DATED (SEE ITEM 11)

06-Jun-2017

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

27-Jun-2017

CODE

W40M USA HLTH CONTRACTING ACT

SOUTHERN REG CONTR OFC

3551 ROGER BROOK DR BLDG 3600

FORT SAM HOUSTON TX 78234-6200

W81K00 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE W81K00

FACILITY CODECODE

EMAIL:TEL:

W81K00-17-R-0023

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 07-Jul-2017 12:00 AM to 12-Jul-2017 12:00 AM.

The following have been modified:

ADDENDUM TO 52.212-1

Submission of offers as follows.

Offerors shall submit signed and dated proposals to the office indicated in Block 9 of the Standard Form (SF) 1449, Solicitation/Contract/Order for Commercial Items, to arrive no later than the date and time specified in Block 8, SF 1449. The proposal shall have a title page identifying the offeror, the full address, phone and facsimile numbers, points of contact (POCs) of the offeror, the solicitation number and its contents.

Offers are due by Wednesday, July 12, 2017 12:00 PM. Untimely offers will be ineligible for award. The point of contact is Ivette Y. Jefferson at (210) 221-5289 or Ivette.y.jefferson.civ@mail.mil Offers shall be submitted via e-mail or postal mail.

Questions shall be submitted via e-mail not later than Monday, 26 June 2017 12:00 PM.

No questions will be considered after 26 June 2017.

Documents to be submitted with quote by the Contractor:

a. Pricing for all line items for the base and all option years.

b. Compensation plan for the base and all option years (attach 3)

c. List of two references being supplied the Past Performance Questionnaires to include the POC name and telephone number. (See 52.212-2 for details)

d. FAR 52.212-3 ALT I or current ORCA registration

e. Recruitment and Retention Plan -

**** Submit two (2) copies; one copy must be sanitized with no company name or information.****

To expedite the evaluation process, offerors are requested to provide the individuals listed as references a letter authorizing the reference to provide information to the government. The offeror shall also provide a copy of the attached Past and Present Performance Evaluation

Questionnaire (PPPEQ) (Attachment 6) to its references with instructions to return the PPPEQ to the Regional Health Contracting Office - Central by either email, or postal mail at:

Regional Health Contracting Office - Central ATTN: Mrs. Ivette Y. Jefferson 3551 Roger Brooke Drive, Building 1103 J B S A Fort Sam Houston, Texas 78234-6200 or by email to Ivette.Y.Jefferson.civ@mail.mil

Past performance questionnaires (Attachment 6) are due by the specified due date of Wednesday, July 12, 2017

The Government may begin surveying references immediately after the solicitation closing date; therefore, it is crucial that offerors immediately authorize their references to release information to the Government. It is the offeror’s responsibility to ensure the reference submits the PPPEQ for consideration. Further, PPPEQs will only be considered when submitted directly by the reference, and not from or via the offeror. (An individual may choose to have their references submit a letter instead of filling out the PPPEQ, but the letter shall evaluate the individual on the same criteria as that identified in the PPPEQ.)

a. The Government may also consider any additional information from its own files, databases such as the Past P e r f o r m a n c e Information Retrieval System (PPIRS), or from any other source it deems appropriate.

b. The Government will not be responsible for tracking incorrect references and phone numbers, or those PPPEQs not submitted by the due date of Wednesday, July 12, 2017 12:00 PM. Offerors are reminded that, while the Government may elect to consider data obtained from other sources, the burden of providing thorough and complete past and present performance information rests with the offeror.

Special Delivery Mail:

a. Offerors are cautioned that the United States Postal Service (USPS) does not deliver directly to the RegionalHealth Contracting Office - Central. All USPS mail is delivered to a central location on Fort Sam Houston before being distributed to specific offices. Offers should be sent in sufficient time to ensure arrival at the contracting office by the specified date and time. Offerors should consider the additional time needed for mail distribution when preparing their offers.

b. Offerors may drop-off their proposal at the Regional Health Contracting Office - Central

(located on Fort Sam Houston, Texas) prior to the specified due date and time. For directions to the contracting office, contact Mrs. Ivette Y Jefferson at (210) 221-5289 or Ivette.y.jefferson.civ@mail.mil

c. Note: Electronic (e-mail) offers are acceptable. Offers submitted through facsimile are unacceptable. Offerors are encouraged to confirm receipt of their proposal with Ivette Y.

Jefferson, Contract Specialist, at ivette.y.jefferson.civ@mail.mil If submitted via e-mail, the separate volumes shall be clearly identified as attachments and able to be opened in a PDF file format. Proposals submitted electronically with attachments that do not open will be considered unacceptable.

d. The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and MEDCOM provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see clause 52.252-1 herein for locations where full text can be found.

(End of Addendum)

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT

EMERGENCY DEPARTMENT PHYSICIANS

WILLIAM BEAUMONTARMY MEDICAL CENTER

1.0. INTRODUCTION:

1.1 The Contractor shall provide health care employees support for Emergency Department Emergency Medicine Physicians for William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX. The services will be of a nature and scope described in the paragraphs below.

1.2 Emergency Medicine Residency trained and Board Certified/Prepared Emergency Medicine Physicians.

1.3 The quality of care provided by the Contractor HCP shall be of a quality meeting or exceeding currently recognized national standards as established by the Joint Commission (JC), American Medical Association (AMA) and National Board of Medical Examiners (NBME), and established principles and ethics of the medical profession.

Contractor employees shall give the highest regard to patient dignity and observe the precepts of the American Hospital Association's Bill of Rights for Patients. The Contractor HCP shall abide by the Medical Treatment Facility (MTF) rules, regulations and bylaws, including Medical Staff Bylaws, as well as applicable Department of Defense and Army regulations. The primary purpose of these positions is to provide emergency physician services in accordance with industrial best practices applicable to Department of Army and Department of Defense guidance and in accordance with their medical licensure.

2.0 GENERAL INFORMATION:

2.1 It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.401, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of the contract liability insurance by a responsible insurance carrier.

2.2 Professional Liability: The government will not be liable for malpractice allegations against contract HCP’s based upon performance of this contract. The contractor shall be required to carry malpractice insurance for its contract HCP’s at a level stated in the solicitation and included in any resulting contract for subject acquisition in tailored FAR Clause 52.237-7. IF an apparent successful offeror, the contractor shall provide evidence of insurability concerning medical liability insurance prior to contract award. Upon contract award, the contractor shall provide evidence of insurance demonstrating the required coverage prior to commencement of performance. In accordance with Federal Acquisition Regulation (FAR) Clause 52.2237-7, the contractor will indemnify the Government for any liability producing act or mission by the contract HCPs and agents occurring during contract performance. If the contractor uses subcontractor in the performance of this contract, the contractor is required to ensure that its subcontractors for provision of healthcare services contain the requirements for FAR 52-237.7, including the maintenance of medical liability insurance.

2.3 Responsibility and Procedures: If any suit or action is filed or any claim is made against the Contractor HCP, which occurred as a result of work performed by the HCP under this contract, the HCP shall immediately notify the contractor, the contracting officer and the chief of the appropriate services and promptly furnish them copies of all pertinent documents received.

2.4 Reserved

2.5 Confidentiality / HIPAA: The Contractor HCP shall abide by AR 40-3 and AR 40-66 concerning the nature of limited privileged communication between patient and health care provider for security and personnel reliability programs. The Contractor HCP shall abide by AR 40-66 concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Drug and Alcohol Act, Public Law 92-129 and HIPAA. The Contractor HCP shall direct all requests for medical information on patients to the Chief, Patient Administration Division. The Contractor HCP shall not release any medical or personal information on a patient without first receiving written approval from the government. Government will provide the regulations upon request by the Contractor HCP.

2.6 Removal of Contractor HCPs:

2.6.1 At any time during the performance of this contract, the Contracting Officer or COR may direct the contractor to immediately remove any Contractor HCP whose actions or impaired state raises reasonable suspicion that clear and present danger of physical harm exists to a patient, other Contractor HCPs, government personnel or to the impaired individual. This provision will be used in emergency situations only and not for the purpose of bringing performance issues or other non-urgent concerns to the attention of the contractor.

2.6.2 If the need for a removal occurs, the COR will contact the contractor's point of contact and direct the contractor to remove that individual from the military facility and to not use that individual to perform any healthcare services required under this contract until the issue has been resolved by the Contracting Officer. The contractor shall formally meet with the COR to discuss further action in accordance with the MTF Quality Assurance and Inspection (QA&I) Plan and AR 40-68. A review of the basis for removal will be made by the Contracting Officer within 3 working days after the COR directed the removal.

2.6.3 If, after any investigation deemed necessary by the Contracting Officer and discussions with the contractor's representative, the Contracting Officer concludes that the Contractor HCP's impairment requires permanent removal from performance under the contract, the Contracting Officer will notify the contractor that permanent removal is required. In the event of disagreements between the government and the contractor's representative concerning matters of impaired Contractor HCPs, the decision of the Contracting Officer will be final. During the period of time between the removal and the final decision of the Contracting Officer, the contractor shall provide a backup/replacement Contractor HCP in accordance with the terms and conditions of this contract.

2.6.4 The Hospital Director has the prerogative to hold in abeyance, to deny, or to summarily suspend clinical privileges/practice when there is a reasonable cause to doubt the health care provider's competence to practice or for any cause affecting the safety of patients or others. AR 40-68 outlines the adverse clinical privileging and practice actions for privileged personnel and adverse practice actions and peer review for non-privileged personnel.

2.7 Conflict of Interest:

2.7.1 Contractor HCP shall not use patient care rendered pursuant to this agreement as a part of a study, research grant, or publication without the prior written consent of the MTF Director.

2.7.2 Contractor HCP shall not bill the patient, an insurer, or anyone else for services rendered. The Contractor

HCP

is prohibited from receiving compensation of any kind for eligible patients treated, procedures performed, or any other actions performed, except under the terms and conditions of this contract, at the rate specified in the contract.

2.7.3 Contractor HCP shall not, while performing services under this contract, advise, recommend, or suggest to persons eligible to receive medical care at Department of Defense expense that such persons should receive care from the Contractor HCP at any place other than at the MTF. The Contractor HCP will not refer any patients to any company or service to which they have a direct or indirect involvement (including partnership programs and ancillary services not offered by the MTF).

2.7.4 Contractor HCP shall not introduce new medical procedures or changes in standing operating procedures without first coordinating with the Chief of Services.

2.7.5 Contractor HCP is not prohibited by reason of his employment under this contract from conducting private practice, if there is no conflict with the performance of services under this contract.

2.7.6 Contractor HCP shall not use Government facilities or other Government property in connection with conducting a private practice.

2.7.7 Contractor HCP shall not be an employee of the United States Government if the employment would create a conflict of interest. The Contractor HCP who is an employee of the Department of Defense, either military or civilian, shall not be employed unless such person seeks and receives approval in accordance with DoD 5500.7-R and MEDCOM Reg 600-3.

3.0 SCOPE OF WORK:

3.1 The Contractor shall provide qualified personnel necessary to perform Emergency Room Physicians services in accordance with industrial best practices applicable to Department of Defense guidance and in accordance with their medical licensure. The Government designated official is the department Chief or his/her designated representative.

3.2 The Contractor shall comply with all applicable laws, rules and regulations, including but not limited to those included in Section 6.0 of the PWS.

3.3 Deleted

4.0 ADDITIONAL INFORMATION/REQUIREMENTS:

4.1 SAFETY REQUIREMENTS:

4.1.1 The Contractor HCP shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA).

4.1.2 CRIME CONTROL ACT OF 1990: No performance under this contract will be allowed without full compliance with the Crime Control Act of 1990 and Department of Defense Instruction 1402.5 dated 19 January 1993. All contract providers having access to Government computer systems and/or providing care to children (17 years of age and under) must be subject of a favorable background investigation. Background checks will be based on fingerprints of individuals obtained by a law enforcement officer and inquiries will be made, based on the Standard Form 86-P completed by the contract provider through the Federal bureau of Investigation (FBI) and state criminal history repositories

4.2 SECURITY REQUIREMENTS:

4.2.1 The MTFs are restricted access military installations. HCPS shall not begin performance until the complete documentation for a Personnel Background Investigation has been submitted. An Identification (ID) badge, the Common Access Card (CAC) and the vehicle registration will not be issued until complete documentation has been submitted to the appropriate Installation, MTF, or other Security Manager(s), as required at the facility. The CAC card is required for access to Government computer databases and also is presented to the security guards when entering the military installation. If a background investigation results in an unfavorable finding, the COR or Contracting Officer will notify the contractor and the contractor employee will not be granted access to the facility, will not be allowed to perform services at the facility, and must return identification badges, CAC cards, and other items previously issued by the government.

4.2.2 Upon award of the contract, the contractor will immediately contact the COR for processing procedures to meet the security requirements, for information needed to access the installation/MTF initially, as well as in-processing forms.

4.2.3 SECURITY/ (IT) REQUIREMENTS:

4.2.3.1 In accordance with (JAW) Army Regulation 525-13, paragraph 5-19, all prospective contract HCPs will undergo a verification process to determine the trustworthiness and suitability prior to being granted access to federal property. Limited access with escort may be granted (at the installation's discretion) for an interim period while investigations are being conducted.

4.2.3.2 IAW AR 25-2 and HSPD-12, Installation Security Office will submit all background investigations on prospective contract HCPs requiring Common Access Cards (CAC), network access.

4.2.3.3 Upon notification, the Provost Marshal Office will conduct background checks on all other contract HCP personnel when there isn't a requirement for CAC and/or IT requirements in the contract.

4.2.3.4 Complete disclosure of any past incidents in the contract HCP professional duties or of incidents which might be considered to impact his/her professional standing, such as charges (unless acquitted) involving felonies or misdemeanors (other than minor traffic violations), is a necessary part of the competency process. This disclosure must also specifically include reports of any actions, claims, charges, of malpractice ever brought against the contract HCP (either individually or as a part of a group), as well as the outcome (or current status) of any such case.

The MTF will evaluate any such incident and determine whether it should be disqualifying.

4.2.3.5 Contract HCP is advised to make full disclosure under this paragraph as a condition of employment.

Failure to make a full disclosure will result in a determination that the provider's services were unsatisfactory.

4.2.3.6 The HCP may be removed permanently or temporarily from service under the contract if at any time during the contract period it is discovered that the contract HCP is currently pending charges; the HCP has previously been convicted of any of the aforementioned incidents that were NOT disclosed as required by 1.4.3.4.; the HCP properly disclosed any of the aforementioned incidents as required by 1.4.3.4 and deemed not disqualifying previously but per applicable regulation changes; error in the verification process; or at the MTF Director’s desecration, concerning suitability, it is in the best interest of the Government.

4.2.4 SECURITY IDENTIFICATION BADGES:

4.2.4.1 Contract HCP shall comply with the local installation and MTF personnel identification and access requirements. The Contractor is responsible for absences of Contractor HCP due to expired identification and access documents.

4.2.4.2 Each Contractor HCP shall wear a visible Security ID badge provided by the MTF or the Military Installation in accordance with their guidance. The badge must show the full name, title and, if required, the word "Contractor" on the front of the badge.

4.2.4.3 The contractor shall be responsible for ensuring all HCPs renew ID, CAC, and access documents in a timely manner. Absences due to the loss or expiration of such badges shall not relieve the contractor of its obligation to perform the health care services required under this contract.

4.2.4.4 The contract HCP shall immediately report lost or stolen security badges to the COR.

4.2.4.5 Contractor HCP shall turn in the MTF badge, Common Access Card (CAC), and Civilian ID Card to the COR upon termination or temporary removal of their services under this contract.

4.2.5 VEHICLE REGISTRATION:

4.2.5.1 The contractor/contract HCPs shall comply with the requirements for vehicle registration and operation on the hospital installation. The contractor and contract HCPs must register their vehicles with the security office. The contractor shall comply with the parking policy.

4.2.5.2 All vehicles, with or without a DoD decal, are subject to search. Contract HCPs may encounter long delays for vehicle inspection and ID checks upon entering and exiting the installation. The Government will not reimburse the contractor for time spent at installation checkpoints. Contract HCPs must plan accordingly and report to work at their appointed place of duty at their scheduled duty time.

4.2.5.3 Contract HCPs shall follow procedures for removal and turn-in of the vehicle parking pass upon termination of services under this contract.

4.3 SAFEGUARDING MATERIAL AND CONFIDENTIALITY INFORMATION:

4.3.1 The contractor shall be responsible for safeguarding all Government property provided or obtained in connection with this contract. The contractor shall safeguard information of a confidential or sensitive nature.

Neither the contractor nor any of its contract HCPs shall disclose or cause to be disseminated any information concerning the operation of the MTF that could result in or increase the possibility of a breach in security or interrupt the continuity of operations or which breaches the requirements of the Federal Privacy Act of 1974.

However, the contractor and/or contractor HCPs may be required to provide testimony in legal or administrative procedures. Such participation must be consistent with the disclosure requirements imposed in this contract and coordinated with the contracting officer.

4.3.2 The contract HCP under this contract shall have access to and/or process information requiring protection under the Privacy Act of 1974. These positions are considered "Automated Data Processing (ADP) Sensitive" positions. Compliance with DoD Directive 5200.2, DoD 5200.2-R, AR 25-2 and AR 380-67 (for Army), and applicable regulations for other services, is mandatory for ADP Sensitive positions.

4.3.3 Unless otherwise specified, all financial, statistical, personnel, and/or technical data which is furnished, produced or otherwise available to the contractor and/or contractor HCPs during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of health care services under this contract. The contractor and/or contractor HCPs shall not release any of the above information without prior written consent of the KO. The contractor and contract HCPs shall prepare medical records, forms and documents as required, in accordance with the regulations and established guidelines listed in the contract and those established by the MTF Director.

4.3.4 The contractor and contract HCPs shall abide by federal and local MTF regulations and requirements concerning the nature of privileged communication between patients and the HCP as may be necessary for security and personnel reliability programs. They shall also abide by federal and local MTF regulations concerning the confidentiality of patient records, to include but not limited to the Privacy Act of 1974 and the Health Insurance Portability & Accountability Act (HIPAA) of 1996. All regulations referenced are available for review from the COR, MTF, or the KO. All medical records and reports will remain the property of the Government.

4.4 MEDIA INQUIRIES: The contractor shall not respond to any media inquiries. All inquiries from the media shall be immediately relayed to the COR who will relay them to the MTF Director. There shall be no interviews, comments, or any other response without the knowledge and approval of the MTF Director.

4.5 STANDARDS OF PERFORMANCE:

4.5.1 The government requires that the contractor shall provide technically competent Emergency Room Physicians who will provide services at an acceptable national standard of productivity, patients per hour, patient satisfaction, and quality of chart review enabling the MTF to provide a high level of quality health care.

4.5.2 JC Standards. Contractor shall take part in Department and MTF programs as required to meet JC standards.

4.5.3 Other performance evaluation factors will be monitored that are not quantified by numerical measurements which include: contractor providing personnel exceeding the minimum qualification standards; patient customer service comments; provider relationship with consultants; and contractor relationship with hospital staff/government contracting personnel; compliance with hospital policy and procedures.

4.5.4 Performance Reports will be provided by the COR monthly to the Contracting Officer to ensure acceptable performance of the contract. The Contractor can request copies also be forwarded to the assigned Contractor POC.

The Contractor POC will receive notice of UNACCEPTABLE PERFORMANCE within 7 days of the COR becoming aware of any unacceptable performance and will report it to the Contracting Officer.

4.5.5 The Contractor shall be responsible for the security of all patient information.

4.5.6 Neither the Contractor nor any of its contract service providers 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.

4.5.7 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 representative (COR) and the contracting officer.

4.5.8 The Contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Government, in writing, and updated as necessary throughout the contract period. The contractor must designate the point of contact prior to the start of contract performance.

4.5.9 U.S. 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 U.S. Government.

These files/results must be surrendered to the COR.

4.5.10 Outcome: The government requires that the contractor provide qualified personnel who shall fulfill the performance requirements at a standard that meet DoD benchmarks for Emergency Department Medical Technicians which enables the MTF to provide a high level of quality health care.

4.5.11 Government Quality Assessment and Improvement (QA&I):

4.5.11.1 The Government will monitor the Contractor's performance under this contract using the quality improvement/assessment procedures established by MTF. Additionally, the Contractor's performance is subject to scheduled and unscheduled review by a Quality Assurance Evaluator as defined by the MTF QA Plan & AR 40-68.

4.5.11.2 Quality Control (QC). The Contractor shall establish and maintain a complete Quality Control Plan that shall ensure the requirements of the contract are provided as specified. Within thirty (30) calendar days after contract award, three copies of a comprehensive written QCP shall be submitted to the COR and within five (5) working days when changes are made thereafter. The QCP will be sent to the Contracting Officer for approval.

4.5.12 Productivity Standards: Acceptable measures include:

4.5.12.1 Meet DoD benchmarks for Emergency Room Physicians. This may include Relative Value Units (RVU), encounter volume, and encounter coding.

4.5.12.2 A maximum of 2 substantiated patient complaints per year per contract employee, but if a complaint is particularly offensive the contract employee may be removed immediately.

4.5.12.3 Department/clinic supervisory personnel will monitor Contractor and employee performance through Government information systems, records, patient records, customer service information, Contractor reports and time sign-in/out sheets. Contractor performance will be monitored the same as other military and Government physicians with respect to MTF and department quality improvement processes.

4.5.12.4 Contractor shall maintain a fill rate of 98% for all scheduled hours.

4.5.13 Trusted Associate Sponsorship System (TASS):

4.5.13.1 The contractor shall comply with agency personal identity verification procedures identified in the contract or which otherwise 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.

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

4.5.13.3 The contractor shall ensure compliance with the provisions set forth below. For purposes of FAR Clause 52.204-9 and personal identity verification procedures, the Government will designate a Trusted Agent (TA), and the contractor shall designate a Facility Security Officer (FSO), for this contract. The Government reserves the right to amend or supplement these provisions pursuant to the Changes clause in the contract.

4.5.13.4 In-processing Requirements: Contractor personnel are prohibited from performing services under this contract absent compliance with the in-processing requirements set forth below and each individual task order.

4.5.13.5 For every contract service provider, the FSO shall provide the following information to the TA for input into the Defense Enrollment Eligibility Reporting System / Real-time Automated Personnel Identification System

(DEERS/RAPIDS):

Last Name First Name Middle Name Social Security Number Date of Birth E-mail Address (may be either the e-mail address of the incoming individual or the FSO).

4.5.13.6 The DEERS/RAPIDS Systems will send a notice to the e-mail address provided IAW the above requirement, in which the contract service provider's user ID and password are provided. In the event the e-mail message is sent to the FSO, the FSO shall notify the contractor of the contract service provider's user ID and password.

4.5.13.7 The contract service provider shall log into the DEERS/RAPIDS System, and submit an application for acceptance into the System, using the user ID and password provided.

4.5.13.8 The application will be accepted, returned, or rejected by the TA. Notice as to whether the application has been accepted, returned or rejected will be provided to the individual's e-mail address provided within 48 hours after submission. If the application is returned or rejected, the contract HCP shall contact the TA and comply with the TA's guidance to attempt to correct and resolve the issues.

4.5.13.9 Upon approval of the application, the contract service provider shall receive an e-mail sent to the address provided stating the Common Access Card (CAC) application was approved and to proceed to the Verifying Office (VO) with two forms of identification with one containing a photo to obtain a CAC. For CAC issuance, a DD2842 must be completed and taken by the individual with two forms of ID. The e-mail will contain a Uniform Resource Locator (URL) to download the form. Acceptable forms of ID are: Driver's License, Social Security Card, Military ID, Birth Certificate, and passport.

4.5.13.10 Revalidation Requirements: The TA is required to revalidate all contract service providers, in the DEERS/RAPIDS System, every six (6) months. In the event revalidation is denied, the CAC credentials shall be revoked and the Card will not be useable to login, and the HCP will be unable to perform contract requirements.

4.5.13.11 Prior to performing services under this contract, Employees must complete in-processing procedures through the Contract Support Office. In-processing procedures will also include obtaining a Government supplied DACH/FBCH security badge initiated through the MEDDAC

4.5.13.12 Out-processing Requirements. When a contract HCP's performance under this contract/task order ceases;

the contractor or FSO shall provide written notice to the TA. The TA will remove the contract HCP from the DEERS/RAPIDS System. The contractor shall ensure the contract service provider’s CAC, Government issued badges, ID cards and vehicle decals are turned in to the Government IAW the MTF's out-processing procedures and further guidance from the Contracting Officer.

4.5.13.13 MTF in/out-processing checklist: When commencing work under this contract, the contract service providers shall obtain in-processing checklist(s) from the COR or designated office. All contract service providers are required to complete the applicable items on the checklist and turn it in to the designated office. Upon termination or resignation, the contract service providers shall complete an out-processing checklist and returns it to the designated office.

4.5.13.14 IDENTIFICATION OF PRIVACY ACT. This contract requires the development of a system of records in accordance with the Privacy Act of 1974.

4.6 SCHEDULE/PERIOD OF PERFORMANCE

4.6.1 OVERTIME IS NOT AUTHORIZED

4.6.2 The HCP(s) duty schedule will be such as to accommodate the 24/7operations (including Federal Holidays and Government Designated trainingholidays) of a Trauma Level II Emergency Department. To maintain staff privileges at WBAMC, each contract HCP must work an average of four shifts per month during each period of performance (twelve month period). Contractor shall be required to work 8-12 hours shifts. Contract providers shall not be scheduled to work any shift within a minimum of 8 hours of completing a previous work shift at WBAMC or at any other military or civilian treatment facility. The length of a scheduled ED physician may vary but shall not exceed 12 hours unless the Chief of the Emergency Department or designee gives authorization. While the contractor personnel shall not be scheduled to work more than 12 consecutive hours, this does not imply that the contractor personnel should not take additional time that is needed to make the appropriate treatment disposition for patients that have been under his/her care. Emergency Physicians are expected to maintain continuity of care to the extent possible so that patient dispositions are completed and the number of “sign outs” at the end of a given shift is kept to a minimum.

4.6.3 Contractor is required to provide services during Four to Six, Ten to Twelve-hour shifts per day, seven days per week. MTF reserves the right to reduce or increase the number of shifts as necessary to meet the needs of the government as determined by the Emergency Department Chief or his/her designee. The Emergency Department Chief and/or designee will submit the request for reduction or increase of shifts in writing to the designated COR and Contractor.

4.6.4 The HCP may be required to work beyond the end of the shift while providing patient care in emergent and extenuating circumstances. The ER Physician shall remain on duty, if necessary, until the replacement physician arrives. He/she shall ensure that continuity of care is provided to the patient and Extended Shift Hours will be used for direct patient care only. The contract provider will not receive additional compensation for working beyond his/her shift in order to accomplish administrative tasks.

Note: Extended Shift hours will be billed as regular hours.

4.6.5 In order to provide continuity of operations throughout each day, the number and length of breaks shall be coordinated with the other ER Physicians on-duty; as time permits. Work hours and days will be determined by the MTF. Schedules are subject to change due to cancellations, hospital staff changes, organization day, emergencies, exodus, training holidays and unexpected events. The Contractor shall only be paid for actual hours worked.

4.6.6 The Contractor shall provide full coverage for the required hours of performance.

4.6.7 Hours worked do not include travel time to reach the MTF or other place of performance.

4.6.8 The Government shall notify the Contractor 60 days in advance if a decrease in coverage is required.

Services shall be provided each day of the year including weekends and Federal Holidays. Emergency Department physicians are expected to remain in the ED area. Meal breaks will not exceed 60 minutes in an 8 hour period and will be arranged in such a way that ED coverage and immediate emergency physician availability are not compromised. In circumstance as well as in all other circumstances when the ED physician(s) on duty may have to leave the main ED, it is the responsibility of that physician to notify the charge nurse and the other ED physician on duty.

4.6.9 Unscheduled Shifts. Occasionally the government may ask for coverage of additional shifts to be added for a given month of service. When required, those shifts will be provided to the Contractor approximately six weeks prior to the month to be worked. If the contractor cannot or does not gill any shift-fills, added on by the government after the contractor meets his submission date, it will not count against the contractor in evaluating performance for that month. These hours will be invoiced under the unscheduled hours.

4.6.10 Backup roster. Undue delays that can be attributed to lack of physician productivity as well as other personnel productivity are not acceptable. Patient care and satisfaction as well as patient flow through the ED are of paramount importance. The contractor shall establish and maintain a back-up roster of additional personnel who can be called in to work at no additional cost in the event there is a problem with the productivity level of the contractor’s personnel. The back-up coverage roster shall also be maintained to cover personnel sick call, undue delay in reporting to work, or absence from work for any reason. Back up physicians shall be able to report to the ED within 90 minutes of notification. Contract personnel are expected to be punctual in reporting to work. Failure in punctuality may result in request for removal by the vendor from the continued service to this contract.

Replacements in the event of a contract physicians “leave or vacation” should be accounted for by the contractor and should not impact the government’s schedule as this is a multiple FTE requirement contract.

4.6.11 PARAGRAPH DELETED

4.6.12 The Contractor HCP may be required to extend the duty hours to ensure completion of the scheduled patient treatment or in cases of emergencies. Contractor HCP shall be paid the contract hourly rate until the Contractor HCP leaves the MTF premise. Hours worked do not include travel to and from the MTF.

4.6.13 Unscheduled Absences. If the HCP becomes ill while on duty, or is otherwise unable to fulfill his/her obligation to work, the Contractor shall ensure the Department Chief or his/her designee are notified as soon as possible. In cases of unscheduled absences or illness prior to the beginning of the shift, the Contractor shall ensure the Department Chief or his/her designee are notified within the first hour prior to each duty day that the HCP is unable to report to work. The Contractor is required to provide a replacement HCP for unscheduled absences longer than 24 hours. The HCP shall not be tardy and/or have an unscheduled absence without a valid reason more than two times per period of performance (12 month period); otherwise, it can be considered grounds for immediate removal.

4.6.14 Facility Closures: During anticipated closure of the facility due to Command declared training holidays, administrative leave granted to the entire government staff, or other closure, Contractor HCPs may not be required to perform services, unless specifically scheduled. In the event of unplanned closure of the facility due to natural disasters, military emergency, or severe weather, contract workers who are scheduled to work, shall not report to work unless notified differently. If required by the Department Chief contract employees deemed essential personnel will be required to report for duty during Facility Closures.

4.6.15 Continuity of Services: The Contractor shall provide full coverage for the hours of performance shown in the contract. The Contract physicians shall not end/his/her workday without completing or transferring patient car responsibilities to the incoming physician in writing.

4.6.16 Federal Holidays: The Contractor will not be paid on federal holidays unless Contractor HCP is scheduled to work on a holiday and will be paid for hours worked at the hourly rate established in the contract.

4.6.17 Holidays: The following is a list of legal federal holidays as referred to elsewhere in the contract/task order.

Contractor HCP may be required to work on legal holidays as determined by the Department Chief.

New Year's Day, January 1st Martin Luther King's Birthday, 3rd Monday January President's Day, 3rd Monday in February Memorial Day, Last Monday in May Independence Day, July 4th Labor Day, 1St Monday in September Columbus Day, 2nd Monday in October Veteran's Day, November 1 1th Thanksgiving Day, 4th Thursday in November Christmas Day, December 25th

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling on a Sunday will be observed on the following Monday. Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. If the area in which a Contractor HCP is scheduled to work is closed due to the holiday and the employee is not required to report in, payment will not be made for those hours. Closures of the installation due to inclement weather or other such acts of God shall be handled in the same manner.

4.6.18 The Contractor HCP may be required to extend the duty hours to ensure completion of the scheduled patient treatment or in cases of emergencies. Contractor HCP shall be paid the contract hourly rate until the Contractor HCP leaves the MTF premise. Hours worked do not include travel to and from the MTF.

4.6.19 By the fifth day (5th) of each month the Contractor shall submit a report to the COR or designated GOV POC of the hours worked by the HCPs for the previous month.

4.6.20 POINT OF CONTACT: No Later than three business days after contract award, the contractor shall provide both the Contracting Officer and the COR the name, local telephone number and designation letter of the individual who shall act as the Contractor's designated representative. The designation letter shall include any limitations on the Contractor's designated representative ability to bind the Contractor to changes and/or adjustments. The Contractor's designated representative shall be responsible for the overall management and coordination of the contract with the designated COR. The Contractor’s representative may be a staff member performing services under this contract. However, the provider shall not perform administrative duties as project manager while scheduled to provide patient care. The contract representative will not be reimbursed for time spent performing on-site administrative duties when he/she is not performing in the capacity of MD/DO. The Contractor's representative shall meet (may be telephone) with the COR as requested to discuss any problems with the performance of the Contractor's providers. Problems experienced by the Government with the Contractor's performance will be discussed and resolved. Unresolved problems will be referred to the KO for resolution.

4.6.21 INTERVIEWS: There will be no interviews conducted by government personnel.

4.6.22 PERFORMANCE QUALITY: The Contractor shall establish and maintain a complete Quality Control Plan that shall ensure the requirements of the contract are provided as specified in Section 5 of the PWS. Within thirty calendar days after contract award, three copies of a comprehensive written QCP shall be submitted to the COR and within 5 working days when changes are made thereafter.

4.6.23 PHASE IN /PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the thirty (30) days phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with test requirements in order to commence full performance of services on the contract start date.

4.7 PERSONAL APPEARANCE:

4.7.1 The Contractor shall present a neat and clean appearance.

4.7.2 All outer clothing shall be laundered or dry cleaned as appropriate, well-fitting and fresh each workday.

4.7.3 Shoes shall cover the foot to meet sanitation and safety requirements. Open-toe shoes or sandals shall not be worn.

4.7.4 Fingernails shall be clean and not extend one quarter of an inch beyond the flesh tips. Acrylic nails or overlays are prohibited.

4.7.5 Hair shall be neatly groomed. The length and bulk of hair shall not be unkempt, or of extreme appearance.

4.7.6 Contractors shall wear dresses, pants or slacks, shirt or blouses with collar and sleeves, shoes and socks. Tank tops, cut-off pants, shower shoes or similar items of apparel are specifically prohibited. In all cases, contractor employees shall conform to the established personal appearance policy of MTF.

4.7.7 Hospital scrubs shall be worn while assigned to department duties.

4.8 HEALTH AND IMMUNIZATION REQUIREMENTS:

4.8.1 All contract providers/technologist performing health care services under this contract shall comply with the Health and Immunization requirements identified below at the time of initial request for clinical privileges and annually thereafter (see Attachment 1 for Sample Immunization form).

a. All contractor service performing direct health care services under this contract shall receive a general physical examination prior to commencement of services. The contractor shall provide the Contracting Officer's Representative, 10 calendar days before beginning services under this contract, a physical examination certificate for each individual direct health care provider who will…