Technical Exhibit K_ MEDCOM SHARP POLICY 19-019.pdf
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- Attached to
- Nutrition Care Food Services
- Solicitation number
- W81K04-20-R-0014
- Issued by
-
Department of the Army Medical Command
About this file
This document outlines a request for proposal for nutrition care food services. The Defense Health Agency's Military Treatment Facilities require meals to meet special nutritional needs of patients, service members, and other customers. The solicitation will utilize full and open competition under NAICS code 722310 and be awarded using a tradeoff source selection process. The Randolph-Sheppard Act applies and submissions from state licensing agencies will be evaluated accordingly. The contract will have a one year base period and four one-year options valued at firm fixed price. All services are subject to the Service Contract Act and collective bargaining agreements. Interested parties must attend the pre-proposal conference on February 18, 2020 or download the slides, and submit attendee information by February 13. Questions are due by February 24. The primary point of contact is Mr. Matt Robey and the solicitation is available at www.Beta.Sam.gov.
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MCCG
MEMORANDUM FOR
DEPARTMENT OF THE ARMY
HEADQUARTERS, UNITED STATES ARMY MEDICAL COMMAND
2748 WORTH ROAD
JBSA FORT SAM HOUSTON TX 78234-6000
OTSG/MEDCOM Policy Memo 19-019
2 1 MAR 2019
Expires 21 March 2021
Commanders, MEDCOM Major Subordinate Commands Deputy Chiefs of Staff, OTSG/MEDCOM OneStaff Directors, OTSG/MEDCOM OneStaff
SUBJECT: Sexual Harassment/Assault Response and Prevention (SHARP) Program
1. References:
a. Army Regulation 600-20, Army Command Policy, 6 November 2014.
b. Army Regulation 623-3, Evaluation Reporting System, 4 November 2015.
c. Department of the Army Pamphlet 623-3, Evaluation Reporting System, 10 November 2015.
d. Army Regulation 690-600, Equal Employment Opportunity Discrimination Complaints, 9 February 2004.
e. Department of Defense Instruction 6495.02, Sexual Assault Prevention and Response (SAPR) Program Procedures, 28 March 2013, Incorporating Change 3, 3 May 2017.
f. National Defense Authorization Act for Fiscal Year 2018.
g. MEDCOM Regulation 40-36, Medical Facility Management of Sexual Assault, 21 January 2009 and Supplement 1, 12 November 2015.
h. Manual for Courts-Martial United States, 2016.
2. Applicability: This policy applies to all U.S. Army Medical Command (MEDCOM) personnel assigned, attached or employed by MEDCOM and tenant organizations or activities.
"This policy memo supersedes OTSG/MEDCOM Policy Memo 16-033, 26 March 16, subject as above.
SUBJECT: Sexual Harassment/Assault Response and Prevention (SHARP) Program
3. Policy:
a. The Army and MEDCOM are committed to ensuring that Service Members and Civilian employees live and work in an environment free of sexual harassment and sexual assault. Leaders at every level must be committed to creating and maintaining an environment that promotes productivity and respect for human dignity. Sexual harassment and sexual assault are offenses contrary to Army Values and are punishable under the Uniform Code of Military Justice (UCMJ) and other federal and local laws.
b. Commanders will protect individuals who file complaints from retaliation, reprisal, ostracism, maltreatment or threats of these actions. Commanders will ensure that rated Soldiers are assessed on fostering climates of dignity and respect and adhering to the SHARP Program as a part of each Officer/Noncommissioned Officer Evaluation Report.
c. Leaders and Soldiers will support the Army "I.AM. (Intervene, Act, Motivate) Strong" campaign which combats sexual violence by engaging all Soldiers in preventing sexual assaults before they occur. Prevention of sexual harassment/assault must be achieved through immediate intervention of any act that is perceived to be sexual in nature and unprofessional. Bystanders should speak-up to stop sexual harassment at an early stage before potential sexual assault develops.
d. We must urgently address allegations of sexual harassment and sexual assault.
All allegations of sexual harassment must be taken seriously and investigated promptly.
SHARP personnel will assist individuals who experience sexual harassment to resolve the issue at the lowest level possible with an informal complaint or through the formal complaint process. Department of Defense and Department of the Army (DOD/DA) Civilian complaints of sexual harassment will be investigated and processed in accordance with the Equal Employment Office Program and AR 690-600. Contract personnel with knowledge of an incident of sexual harassment or sexual assault will immediately report the incident to their employer and their employer will immediately report the incident to the government's contracting officer's representative. Every member of this command who becomes aware of a sexual assault should immediately report it (within 24 hours).
e. Victims of sexual assault perpetrated by a spouse or intimate partner, or Family Members under the age of 18 who are victims of sexual assault, are covered under the Family Advocacy Program (FAP), as described in DOD 6400.1-M-1. FAP provides the full range of services to those individuals. When a sexual assault occurs as a result of domestic abuse or involves child abuse, the installation Sexual Assault Response Coordinator (SARC) will direct the victim to the installation FAP.
4. Definitions:
a. Sexual harassment is conduct that involves unwelcome sexual advances, requests for sexual favors and deliberate or repeated offensive comments or gestures of a sexual nature when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of a person's job, pay or career; (2) submission to, or rejection of, such conduct by a person is used as a basis for career or employment decisions affecting that person; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creates an intimidating, hostile or offensive working environment and (4) is so severe or pervasive that a reasonable person would perceive and the victim does perceive the environment as hostile or offensive. Sexual Harassment can occur through electronic communications, including social media, other forms of communication and in person.
b. Sexual assault is a crime defined as intentional sexual contact characterized by the use of force, threats, intimidation or abuse of authority or when the victim does not or cannot consent. The term includes a broad category of sexual offenses consisting of the following specific UCMJ offenses: rape, sexual assault, aggravated sexual contact, abusive sexual contact, forcible sodomy (forced oral or anal sex) or attempts to commit these offenses. Sexual assault can occur without regard to gender or spousal relationship or age of victim. "Consent" will not be deemed or construed to mean the failure by the victim to offer physical resistance. Consent is not given when a person used force, threat of force or coercion when the victim is asleep, incapacitated or unconscious.
5. Reporting Options:
a. Restricted reporting allows a Service Member or Family Member age 18 or older to confidentially report a sexual assault to a SARC, Victim Advocate (VA) or healthcare provider and receives medical care without notifying the chain of command or triggering an official investigation.
b. Unrestricted reporting allows a victim of a sexual assault to report the assault to the chain of command and/or other official channels, to include the Criminal Investigation Division (CID), Inspector General and Provost Marshal. VAs will refer DA/DOD Civilian victims to CID and/or local advocacy agencies. Details regarding the incident will be limited to those personnel who have a legitimate need to know the information, as well as those agencies, which the UCMJ, policies or applicable laws dictate be notified of such charge.
6. Resources:
a. The MEDCOM SHARP program has a dual mission that includes the command wide prevention and victim advocacy services and the medical management of sexual assault patients.
(1) SHARP personnel are available to train and assist commanders and leaders at every level. SARCs and VAs provide assistance with sexual harassment and sexual assault reports, SHARP training, prevention and response efforts and victim advocacy.
(2) Commanders will ensure that all patients who present to the military treatment facility with an allegation of sexual assault receive a uniform standard of care that is monitored and tracked until the provision of healthcare related to the sexual assault is completed.
7. Withholding Initial Disposition Authority. Pursuant to Secretary of Defense memorandum, subject: Withholding Initial Disposition Authority Under the Uniform Code of Military Justice in Certain Sexual Assault Cases, 20 April 2012, initial disposition authority is withheld to the first special court-martial convening authority in the grade of 0-6 or higher for the following alleged offenses:
a. Rape, in violation of Article 120, UCMJ.
b. Sexual assault, in violation of Article 120, UCMJ.
c. Forcible sodomy, in violation of Article 125, UCMJ.
d. Attempts to commit the above offenses, in violation of Article 80, UCMJ.
Additionally, this withholding applies to all other alleged offenses arising from or relating to the same incident(s), whether committed by the alleged perpetrator or the alleged victim of the rape, sexual assault, forcible sodomy or the attempts thereof.
The g on General and C manding General, USAMEDCOM
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