AMENDMENT_0002_1.30.2019.pdf

W40M USA HLTH CONTRACTING ACT

REGIONAL HEALTH CONTRACT OFF CENTRAL

POC: SHENECQUA SOARES

36000 DARNELL LOOP

FORT HOOD TX 76544

0011274807

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

A. The purpose of this amendment is tw o-fold: 1) Add FAR Clauses 52.222-55 and 52.222-62 in full text, and 2) Make tw o changes to the Performance Work Statement (PWS).

B. Changes to the PWS are as follow s: 1) PWS paragraph 1.4. Hours of Performance language is changed to list the duty hours for each clinic, and 2) All PWS language w hich reads "Must have valid DEA registraton# prior to performing the contract services." is hereby deleted.

C. All interested offers w hen submitting a proposal in response to this solicitation are required to acknow ledge all amendments to this solicitation by completing Blocks 15A., 15B., and 15C., and by returning all amendments along w ith their completed original solicitation by the Block 8. OFFER DUE DATE/LOCAL TIME 10:00 AM CST 05 FEB 2019.

See SUMMARY OF CHANGES

1. CONTRACT ID CODE PAGE OF PAGES

1 52

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

16C. DATE SIGNED

BY 30-Jan-2019

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 W81K0019Q0043

X 9B. DATED (SEE ITEM 11)

22-Jan-2019

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, X 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 1 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

30-Jan-2019

CODE

W40M USA HLTH CONTRACTING ACT

REGIONAL HEALTH CONTRACT OFF CENTRAL

2539 GARDEN AVENUE

JBSA FT SAM HOUSTON TX 78234-0000

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

4. REQUISITION/PURCHASE REQ. NO.

CODE W81K00

FACILITY CODECODE

EMAIL:TEL:

W81K0019Q0043

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

The following have been added by full text:

52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)

(a) Definitions. As used in this clause--

``United States'' means the 50 states and the District of Columbia.

``Worker''--

(1) Means any person engaged in performing work on, or in connection with, a contract covered by Executive Order 13658, and --

(i) Whose wages under such contract are governed by the Fair Labor Standards Act (29 U.S.C. chapter 8), the Service Contract Labor Standards statute (41 U.S.C. chapter 67), or the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV);

(ii) Other than individuals employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541;

(iii) Regardless of the contractual relationship alleged to exist between the individual and the employer.

(2) Includes workers performing on, or in connection with, the contract whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(c).

(3) Also includes any person working on, or in connection with, the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(b) Executive Order minimum wage rate. (1) The Contractor shall pay to workers, while performing in the United States, and performing on, or in connection with, this contract, a minimum hourly wage rate of $10.10 per hour beginning January 1, 2015.

(2) The Contractor shall adjust the minimum wage paid, if necessary, beginning January 1, 2016, and annually thereafter, to meet the applicable annual E.O. minimum wage. The Administrator of the Department of Labor's Wage and Hour Division (the Administrator) will publish annual determinations in the Federal Register no later than 90 days before the effective date of the new E.O. minimum wage rate. The Administrator will also publish the applicable E.O. minimum wage on www.wdol.gov (or any successor Web site), and a general notice on all wage determinations issued under the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, that will provide information on the E.O. minimum wage and how to obtain annual updates. The applicable published E.O. minimum wage is incorporated by reference into this contract.

(3)(i) The Contractor may request a price adjustment only after the effective date of the new annual E.O. minimum wage determination. Prices will be adjusted only for increased labor costs (including subcontractor labor costs) as a result of an increase in the annual E.O. minimum wage, and for associated labor costs (including those for subcontractors). Associated labor costs shall include increases or decreases that result from changes in social security and unemployment taxes and workers' compensation insurance, but will not otherwise include any amount for general and administrative costs, overhead, or profit.

(ii) Subcontractors may be entitled to adjustments due to the new minimum wage, pursuant to paragraph (b)(2).

Contractors shall consider any subcontractor requests for such price adjustment.

(iii) The Contracting Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (b)(3)(i) of this clause, and will not provideduplicate price adjustments with any price adjustment under clauses implementing the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute.

(4) The Contractor warrants that the prices in this contract do not include allowance for any contingency to cover increased costs for which adjustment is provided under this clause.

(5) A pay period under this clause may not be longer than semi-monthly, but may be shorter to comply with any applicable law or other requirement under this contract establishing a shorter pay period. Workers shall be paid no later than one pay period following the end of the regular pay period in which such wages were earned or accrued.

(6) The Contractor shall pay, unconditionally to each worker, all wages due free and clear without subsequent rebate or kickback. The Contractor may make deductions that reduce a worker's wages below the E.O. minimum wage rate only if done in accordance with 29 CFR 10.23, Deductions.

(7) The Contractor shall not discharge any part of its minimum wage obligation under this clause by furnishing fringe benefits or, with respect to workers whose wages are governed by the Service Contract Labor Standards statute, the cash equivalent thereof.

(8) Nothing in this clause shall excuse the Contractor from compliance with any applicable Federal or State prevailing wage law or any applicable law or municipal ordinance establishing a minimum wage higher than the E.O. minimum wage. However, wage increases under such other laws or municipal ordinances are not subject to price adjustment under this subpart.

(9) The Contractor shall pay the E.O. minimum wage rate whenever it is higher than any applicable collective bargaining agreement(s) wage rate.

(10) The Contractor shall follow the policies and procedures in 29 CFR 10.24(b) and 10.28 for treatment of workers engaged in an occupation in which they customarily and regularly receive more than $30 a month in tips.

(c)(1) This clause applies to workers as defined in paragraph (a). As provided in that definition--

(i) Workers are covered regardless of the contractual relationship alleged to exist between the contractor or subcontractor and the worker;

(ii) Workers with disabilities whose wages are calculated pursuant to special certificates issued under 29 U.S.C.

214(c) are covered; and

(iii) Workers who are registered in a bona fide apprenticeship program or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship, are covered.

(2) This clause does not apply to--

(i) Fair Labor Standards Act (FLSA)-covered individuals performing in connection with contracts covered by the E.O., i.e. those individuals who perform duties necessary to the performance of the contract, but who are not directly engaged in performing the specific work called for by the contract, and who spend less than 20 percent of their hours worked in a particular workweek performing in connection with such contracts;

(ii) Individuals exempted from the minimum wage requirements of the FLSA under 29 U.S.C. 213(a) and 214(a) and (b), unless otherwise covered by the Service Contract Labor Standards statute, or the Wage Rate Requirements (Construction) statute. These individuals include but are not limited to--

(A) Learners, apprentices, or messengers whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(a).

(B) Students whose wages are calculated pursuant to special certificates issued under 29 U.S.C. 214(b).

(C) Those employed in a bona fide executive, administrative, or professional capacity (29 U.S.C. 213(a)(1) and 29 CFR part 541).

(d) Notice. The Contractor shall notify all workers performing work on, or in connection with, this contract of the applicable E.O. minimum wage rate under this clause. With respect to workers covered by the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, the Contractor may meet this requirement by posting, in a prominent and accessible place at the worksite, the applicable wage determination under those statutes. With respect to workers whose wages are governed by the FLSA, the Contractor shall post notice, utilizing the poster provided by the Administrator, which can be obtained at www.dol.gov/whd/govcontracts, in a prominent and accessible place at the worksite. Contractors that customarily post notices to workers electronically may post the notice electronically provided the electronic posting is displayed prominently on any Web site that is maintained by the contractor, whether external or internal, and customarily used for notices to workers about terms and conditions of employment.

(e) Payroll Records. (1) The Contractor shall make and maintain records, for three years after completion of the work, containing the following information for each worker:

(i) Name, address, and social security number;

(ii) The worker's occupation(s) or classification(s);

(iii) The rate or rates of wages paid;

(iv) The number of daily and weekly hours worked by each worker;

(v) Any deductions made; and

(vi) Total wages paid.

(2) The Contractor shall make records pursuant to paragraph (e)(1) of this clause available for inspection and transcription by authorized representatives of the Administrator. The Contractor shall also make such records available upon request of the Contracting Officer.

(3) The Contractor shall make a copy of the contract available, as applicable, for inspection or transcription by authorized representatives of the Administrator.

(4) Failure to comply with this paragraph (e) shall be a violation of 29 CFR 10.26 and this contract. Upon direction of the Administrator or upon the Contracting Officer's own action, payment shall be withheld until such time as the noncompliance is corrected.

(5) Nothing in this clause limits or otherwise modifies the Contractor's payroll and recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, or any other applicable law.

(f) Access. The Contractor shall permit authorized representatives of the Administrator to conduct investigations, including interviewing workers at the worksite during normal working hours.

(g) Withholding. The Contracting Officer, upon his or her own action or upon written request of the Administrator, will withhold funds or cause funds to be withheld, from the Contractor under this or any other Federal contract with the same Contractor, sufficient to pay workers the full amount of wages required by this clause.

(h) Disputes. Department of Labor has set forth in 29 CFR 10.51, Disputes concerning contractor compliance, the procedures for resolving disputes concerning a contractor's compliance with Department of Labor regulations at 29 CFR part 10. Such disputes shall be resolved in accordance with those procedures and not the Disputes clause of this contract. These disputes include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the workers or their representatives.

(i) Antiretaliation. The Contractor shall not discharge or in any other manner discriminate against any worker because such worker has filed any complaint or instituted or caused to be instituted any proceeding under or related to compliance with the E.O. or this clause, or has testified or is about to testify in any such proceeding.

(j) Subcontractor compliance. The Contractor is responsible for subcontractor compliance with the requirements of this clause and may be held liable for unpaid wages due subcontractor workers.

(k) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (k) in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)--

Child, domestic partner, and domestic violence have the meaning given in 29 CFR 13.2.

Employee--(1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C.

chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8);

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions;

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) An employee performs ``on'' a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs ``in connection with'' a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship has the meaning given in 29 CFR 13.2.

Multiemployer plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

Paid sick leave means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

Parent, sexual assault, spouse, and stalking have the meaning given in 29 CFR 13.2.

United States means the 50 States and the District of Columbia.

(b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall--

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29

CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including--

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O.

13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in

29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping. (1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee's occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2)(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(1)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked.

(4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law.

(j) Interference/discrimination.

(1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to--

(i) Miscalculating the amount of paid sick leave an employee has accrued;

(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;

(iii) Discouraging an employee from using paid sick leave;

(iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used;

(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave;

(vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or

(vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the Contractor's operational needs.

(2) The Contractor shall not discharge or in any other manner discriminate against any employee for--

(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13;

(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13;

(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or

(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13.

(k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment.

(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives.

(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

The following have been modified:

PWS

Amendment as of 1/30/2019

PERFORMANCE WORK STATEMENT

PHYSICIAN ASSISTANT/NURSE PRACTITIONER

CARL R. DARNALL ARMY MEDICAL CENTER, FORT HOOD, TX

1. GENERAL

1.1. This is a personal services contract (as defined by FAR Subpart 37.104) and is intended to create an employer-employee relationship between the Government and the individual health care providers only to the extent necessary for providing the health care services required under the contract. The performance of health care services by the individual HCPs under a personal services contract are subject to day-to-day supervision and control by health care facility personnel comparable to that exercised over military and civil service HCPs engaged in comparable health care services. Any personal injury claims alleging negligence by the individual HCPs within the scope of the HCP’s performance of the personal services contract shall be processed by DoD in the same manner as claims alleging negligence by DoD military or civil service HCPs. The contract does not create an employer-employee relationship between the Government and any corporation, partnership, business association or other party or legal entity with which the HCP may be associated. The authority for this contract is 10 United States Code 1089 and 10 United States Code 1091.

1.1.1. DESCRIPTION OF WORK. The contractor shall provide services of seventeen (17) full-time Physician Assistant/Nurse Practitioner. The (17) full-time Physician Assistant/Nurse Practitioner will be located to several different clinics at Fort Hood as required by this Performance Work Statement (PWS) and in accordance with (IAW) the terms and conditions of this contract.

1.1.1.1 The contractor shall provide the personal services of technically competent Physician Assistant/Nurse Practitioner to augment or supplement the staffing at Army military treatment facilities (MTFs) to provide services that contribute to a stable workforce providing quality services due to surges in workload, deployments and civilian personnel vacancies.

1.1.1.2 All services shall be provided in accordance with established standards, principles and ethics of the profession and applicable professional specialty organizations, Joint Commission standards, applicable Department of Defense (DoD) and service specific regulations, directives, and policies, and MTF policies, procedures, and job descriptions. Contract 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 contract health care provider shall provide services in conjunction with other non-contract providers to include physicians, nurse practitioners, physician assistants, registered and licensed practical nurses, and support personnel. All contract health care providers provided by the contractor shall perform essentially the same functions, within the scope of acceptable practice, as those required by Army or government service health care professionals of similar experience and in similar duty assignments.

1.1.1.3 As part of the managed care network, the providers may be required to interface with network participants, including other government contractors in order to appropriately manage services for the beneficiaries.

Contact with other government contractors will be for the sole purpose of coordinating patient care.

1.1.1.4 Contract providers shall perform services under the control and general supervision of the Chief of the Department or his/her designated government representative.

1.1.2. PERFORMANCE MEASURES

1.1.2.1 Outcome. The contractor shall fulfill the requirement to provide qualified Physician Assistant/Nurse Practitioner services at a standard enabling the MTF to provide such services at a high level of quality.

1.1.2.2 Standards. Acceptable measures include: Fill rate-95%; employee turnover rate-less than 25% per year, substantiated patient complaints-max 2 per year, per provider; no provider initiated cancellation of treatments except as medically required by patient, or provider illness or emergency leave (and approved by government supervisor or designee). This will only be done if there are no other providers to see the patients scheduled. Other performance evaluation factors will be monitored that are not quantified by numerical measurements which include: contractor providing personnel exceeding the minimum qualification standards; timely patient follow-up when necessary; patient customer service comments; provider and contractor relationship with hospital staff/government contracting personnel; compliance with all hospital policies and procedures.

1.1.2.3 The Contracting Officer Representative (COR) will monitor the HCP’s performance with input from the Chief of the Department or his or her designated government representative utilizing the contract Quality Assurance Plan in paragraph 7, through government information systems and records, patient records, customer service information, contractor reports, monitoring of scheduled shift fill rates, time sheets, patient/customer comments, compliance with installation and hospital policy and procedures, and any other means necessary to ascertain that contracted services are being accomplished in accordance with the terms if the contract.

1.2. QUALIFICATIONS

1.2.1. - 2.12.7 is Reserved

2.13. QUALIFICATIONS – PHYSICIAN ASSISTANT – MEB

2.13.1. Must have and maintain a current, active, valid unrestricted state license to practice medicine in one of the 50 states in the United States, or the District of Columbia, the Commonwealth of Puerto Rico, Guam, or the U.S. Virgin Islands,

2.13.1. Shall have at least one year experience (within the last three years) of routinely practicing as a PA.

2.13.2. Shall be able to obtain and maintain privileges at Carl R Darnall Army Medical Center (CRDAMC) through approval of the Credentials Committee.

2.13.3. Shall possess a minimum of a Baccalaureate Degree from an accredited university within respective profession.

2.13.4. Shall possess current Board Certification by the National Commission of Certification of Physician Assistants (NCCPA). Applicable diploma and proof of membership in the NCCPA is required.

2.13.5. Shall have current Basic Cardiac Life Support (BCLS) in accordance with Hospital Policy. This certification shall be maintained in a current status at all times while performing services under the contract at the HCPS’s or contractor’s expense.

2.13.6. Serve on hospital committee(s) if necessary, as directed by Deputy Commander of Clinical Services.

2.13.7. Shall be able to read, write, and speak English well enough to effectively communicate with all patients and other health care providers.

2.13.8. Shall possess sufficient initiative, interpersonal relations skills and social sensitivity such that he/she can relate constructively to a variety of patients from diverse backgrounds.

2.13.9. Shall be required to meet Continuing Medical Education (CME) requirements. The government will not reimburse for these costs.

2.13.10. The contractor shall ensure contract HCP has received Occupational Safety and Health Administration (OSHA) required training for the position in which they will perform, and that training currency is maintained. Documentation of such training shall be provided to the Contracting Officer’s Representative (COR).

2.13.11. Position requires access to Department of Defense computer systems, therefore provider shall be a U.S. Citizen or otherwise meet the requirements of AR 25-2.

2.13.12. The providers shall be able to type and have had experience using computers especially Microsoft programs. The physician will not be required to type a certain amount of words per minute. CRDAMC will provide computer training for the CRDAMC computer system.

2.13.1.1. NURSE PRACTITIONER - MEB

2.13.2.1. Shall have a minimum of two years of experience (within the last four years) of routinely practicing as a nurse practitioner.

2.13.2.2. Shall have current Basic Cardiac Life Support (BCLS) in accordance with Hospital Policy. This certification shall be maintained in a current status at all times while performing services under the contract at the HCPS’s or contractor’s expense.

2.13.2.3. Shall have certification as an FNP in an active status granted by a national advance practice nursing specialty organization such as ANCC.

2.13.2.4. Shall be a graduate of an NLN approved school of nursing and hold current registration as a registered nurse in the United States. If the state of registration has a separate Advance Practice Nurse (APN) licensure, the FNP will also have APN licensure.

2.13.2.5. Shall possess evidence of successful completion of an APN program of education.

2.13.2.6. Shall be a graduate of a recognized advanced practice nursing educational program (accredited Master’s Level or Doctoral Program) and possess evidence of certification by a nationally recognized body according to the requirements of the advanced practice certifying organizational, for example, American Nurses Credentialing Center (ANCC) or American Academy of Nurse Practitioner (AANP) Certification Program.

2.13.2.7. Must have and maintain a current, active, valid unrestricted state license to practice medicine in one of the 50 states in the United States, or the District of Columbia, the Commonwealth of Puerto Rico, Guam, or the U.S. Virgin Islands.

2.13.2.8. Shall be able to obtain and maintain privileges at Carl R Darnall Army Medical Center (CRDAMC) through approval of the Credentials Committee.

2.13.2.9. Serve on hospital committee(s) if necessary, as directed by Deputy Commander of Clinical Services.

2.13.2.10. Shall be able to read, write, and speak English well enough to effectively communicate with all patients and other health care providers.

2.13.2.11. Shall possess sufficient initiative, interpersonal relations skills and social sensitivity such that he/she can relate constructively to a variety of patients from diverse backgrounds.

2.13.2.12. Shall be required to meet Continuing Medical Education (CME) requirements. The government will not reimburse for these costs.

2.13.2.13. The contractor shall ensure contract HCP has received Occupational Safety and Health Administration (OSHA) required training for the position in which they will perform, and that training currency is maintained. Documentation of such training shall be provided to the Contracting Officer’s Representative (COR).

2.13.2.14. Position requires access to Department of Defense computer systems, therefore provider shall be a U.S. Citizen or otherwise meet the requirements of AR 25-2.

2.13.2.15. The providers shall be able to type and have had experience using computers especially Microsoft programs. The physician will not be required to type a certain amount of words per minute. CRDAMC will provide computer training for the CRDAMC computer system.

2.14. QUALIFICATIONS – PHYSICIAN ASSISTANT – SRP/SHPE

2.14.1. Must have and maintain a current, active, valid unrestricted state license to practice medicine in one of the 50 states in the United States, or the District of Columbia, the Commonwealth of Puerto Rico, Guam, or the U.S. Virgin Islands.

2.14.1.2. Shall have at least one year experience (within the last three years) routinely practicing as a Physician Assistant (PA).

2.14.1.3. Shall be able to obtain and maintain privileges at Carl R Darnall Army Medical Center (CRDAMC) through approval of the Credentials Committee.

2.14.1.4. Shall possess a minimum of a Baccalaureate Degree from an accredited university within respective profession.

2.14.1.5. Shall possess current Board Certification by the National Commission of Certification of Physician Assistants (NCCPA). Applicable diploma and proof of membership in the NCCPA is required.

2.14.1.6. Shall have current Basic Cardiac Life Support (BCLS) in accordance with Hospital Policy. This certification shall be maintained in a current status at all times while performing services under the contract at the HCPS’s or contractor’s expense.

2.14.1.7.. Shall be able to read, write, and speak English well enough to effectively communicate with all patients and other health care providers.

2.14.1.8. Shall possess sufficient initiative, interpersonal relations skills and social sensitivity such that he/she can relate constructively to a variety of patients from diverse backgrounds.

2.14.1.9. Shall be required to meet Continuing Medical Education (CME) requirements. The government will not reimburse for these costs.

2.14.1.10. The contractor shall ensure contract HCP has received Occupational Safety and Health Administration (OSHA) required training for the position in which they will perform, and that training currency is maintained. Documentation of such training shall be provided to the Contracting Officer’s Representative (COR).

2.14.1.11. Position requires access to Department of Defense computer systems, therefore provider shall be a

U.S. Citizen or otherwise meet the requirements of AR 25-2.

2.14.1.12. The providers shall be able to type and have had experience using computers especially Microsoft programs. The physician will not be required to type a certain amount of words per minute. CRDAMC will provide computer training for the CRDAMC computer system.

2.14.1.13. Must be able to complete and maintain a National Agency and Local Check (NCCLC) background investigation.

2.14.1.14. Must possess the competencies to enter/retrieve medical information in various government database systems.

2.14.1.15. The Contractor HCP shall complete any mandatory annual medical/government required training.

2.14.1.16. Must accurately enter work hours into the Defense Medical Human Resources System Intranet (DMHRSi) every other week on the date specified by the COR or designated Government representative.

2.14.1.17. Must provide notice to Department Chief and/or designated representatives of any event which may impact appointment scheduling 45 days in advance.

2.14.2. NURSE PRACTITIONER – SRP/SHPE

2.14.2.1. Must have and maintain a current, active, valid unrestricted state license to practice medicine in one of the 50 states in the United States, or the District of Columbia, the Commonwealth of Puerto Rico, Guam, or the U.S.

Virgin Islands.

2.14.2.1. Shall have a minimum of one year of experience (within the past four years) of routinely practicing as a nurse practitioner.

2.14.2.2. Shall have current Basic Cardiac Life Support (BCLS) in accordance with Hospital Policy. This certification shall be maintained in a current status at all times while performing services under the contract at the HCPS’s or contractor’s expense.

2.14.2.3. Shall have certification as an FNP in an active status granted by a national advance practice nursing specialty organization such as ANCC.

2.14.2.4. Shall be a graduate of an NLN approved school of nursing and hold current registration as a registered nurse in the United States. If the state of registration has a separate Advance Practice Nurse (APN) licensure, the FNP will also have APN licensure.

2.14.2.5. Shall possess evidence of successful completion of an ANP program of education.

2.14.2.6. Shall be a graduate of a recognized advanced practice nursing educational program (accredited Master’s Level or Doctoral Program) and possess evidence of certification by a nationally recognized body according to the requirements of the advanced practice certifying organization, for example, American Nurses Credentialing Center (ANCC) or American Academy of Nurse Practitioner (AANP) Certification Program.

2.14.2.7. Shall be able to obtain and maintain privileges at Carl R Darnall Army Medical Center (CRDAMC) through approval of the Credentials Committee.

2.14.2.8. Shall be able to read, write, and speak English well enough to effectively communicate with all patients and other health care providers.

2.14.2.9. Shall possess sufficient initiative, interpersonal relations skills and social sensitivity such that he/she can relate constructively to a variety of patients from diverse backgrounds.

2.14.2.10. Shall be required to meet Continuing Medical Education (CME) requirements. The government will not reimburse for these costs.

2.14.2.11. The contractor shall ensure contract HCP has received Occupational Safety and Health Administration (OSHA) required training for the position in which they will perform, and that training currency is maintained. Documentation of such training shall be provided to the Contracting Officer’s Representative (COR).

2.14.2.12. Position requires access to Department of Defense computer systems, therefore provider shall be a U.S. Citizen or otherwise meet the requirements of AR 25-2.

2.14.2.13. The providers shall be able to type and have had experience using computers especially Microsoft programs. The physician will not be required to type a certain amount of words per minute. CRDAMC will provide computer training for the CRDAMC computer system.

2.15. QUALIFICATIONS – PHYSICIAN ASSISTANT – BARIATRIC

2.15.1. Meet all licensing/certification requirements to perform as a Physician Assistant in accordance with requirements.

2.15.1.2. Shall have and maintain a valid, unrestricted, current state medical license in one of the 50 states, District of Columbia, Puerto Rico, Guam or US Virgin Islands.

2.15.1.3. Shall have a minimum of two years of experience (within the past four years) of routinely practicing as a PA.

2.15.1.4. Shall be able to obtain and maintain privileges at Carl R Darnall Army Medical Center (CRDAMC) through approval of the Credentials Committee.

2.15.1.5. Shall possess a minimum of a Baccalaureate Degree from an accredited university within respective profession.

2.15.1.6. Shall possess current Board Certification by the National Commission of Certification of Physician Assistants (NCCPA). Applicable diploma and proof of membership in the NCCPA is required.

2.15.1.7. Shall have current Basic Cardiac Life Support (BCLS) and Advanced Cardiac Life Support (ACLS) in accordance with Hospital Policy. This certification shall be maintained in a current status at all times while performing services under the contract at the HCPS’s or contractor’s expense.

2.15.1.8. Must possess the skills, experience, and autonomy that enables them to manage urgent/acute care patients with minimal physician consultation.

2.15.1.9. Serve on hospital committee(s) and chart reviews if necessary, as directed by Chief, Dept. of Surgery.

2.15.1.10. Shall be able to read, write, and speak English well enough to effectively communicate with all patients and other health care providers.

2.15.1.11. Shall possess sufficient initiative, interpersonal relations skills and social sensitivity such that he/she can relate constructively to a variety of patients from diverse backgrounds.

2.15.1.12. Shall be required to meet Continuing Medical Education (CME) requirements. The government

2.15.1.13. Shall be required to attend OPPE and FPPE activities.

2.15.1.14. Shall be required to precept and oversee PA students and Special Forces medics.

2.15.1.15. Shall have…