Performance Work Statement H2F 21Oct20.pdf

DRAFT PERFORMANCE WORK STATEMENT

HOLISTIC HEALTH AND FITNESS (H2F) SYSTEM

Part 1. INTRODUCTION-BACKGROUND-SCOPE-GENERAL

1.1. INTRODUCTION. The Contractor shall provide qualified Athletic Trainers (ATs) to function as integrated members of a Brigade-based multi-disciplinary team focused on optimizing Soldier readiness and performance within the Army’s new Holistic Health and Fitness (H2F) System. The H2F System is the Army’s primary investment in Soldier readiness and lethality, optimal physical and non-physical performance, reduced injury rates, improved rehabilitation after injury, and increased overall effectiveness of the Total Army. The system empowers and equips Soldiers to take charge of their health, fitness, and well-being in order to optimize individual performance, while preventing injury and disease. H2F Performance Teams will generally consist of the following personnel: Physical Therapist (PT), Registered Dietitian (RD), Occupational Therapist (OT), Cognitive Enhancement Specialist (CES), Athletic Trainer (AT), and Strength and Conditioning Coach (SCC).

1.1.2. The H2F System will require ATs to be imbedded within H2F Performance Teams in Brigades (BDEs) across the Army and within the timeframe as listed in Exhibit B, Places of Performance. (See Exhibit A, H2F Performance Team Structure by BDE Type).

1.1.3. The ATs will be assigned specifically to designated units, but may be required to travel locally to various cantonment training areas to perform services. Travel mileage reimbursement will not be provided for travel within a 40-mile radius of the place of performance. Travel may be required in order to support units at other installations and will be coordinated and approved by the installation Alternate, Contracting Officer’s Representative (ACOR) in advance of the travel.

1.2. DESCRIPTION OF SERVICES. The Contractor shall provide qualified and credentialed ATs who will be assigned specifically to designated units. AT services may be provided in the following locations: fitness centers/gyms, BDE or administrative areas, outdoors, ranges, field training environments, and at the Soldier Performance Readiness Center (SPRC). Work includes providing forward Musculoskeletal (MSK) care, early medical intervention, Injury Prevention (IP) and performance optimization services. Medical treatment provided by the AT is subject to the supervision of a privileged government healthcare provider. The location for the performance of duty is under the control and direction of the resourced unit Brigade (BDE) Commander in coordination with the installation ACOR.

1.3. BACKGROUND. Primary focus of this contract is to optimize individual and unit physical readiness and ability to perform warrior tasks and battle drills required for the BDE’s mission.

Physical readiness is defined as availability for deployment and task-specific performance. The AT will work as part of the H2F Performance Team to develop a comprehensive, periodized education and services program integrated and synchronized with the battalion (BN) training calendar. Success is determined by the ability of the BDE to perform its combat mission.

1.3.1. The H2F concept is vastly different from a clinical setting. The ATs will be embedded at the BDE level. Most work will be performed in a military training environment (i.e. fitness centers/gyms, BDE or administrative areas, outdoors, ranges, field training environments, and at the SPRC). The ATs will be required to observe BDE and below (i.e. BN, company, platoon, squad, team) specific training events (e.g., shooting range, obstacle courses, combatives training areas). The ATs must be physically able to hike austere environments and terrain (i.e. rocky, no running water, no shelter, no bathroom, no climate control, inclement weather, loud, smoky) while carrying their own backpack with necessary supplies on occasion (<20% of the time).

Providing forward MSK care in the training environment, outside of the clinical setting, minimizes lost training time and ensures early identification of injuries. Well-trained, combat-ready Soldiers are best produced by allocating healthcare assets that facilitate the early identification and management of MSK injuries, prevention of injuries, and optimization of physical performance.

1.3.2. Soldiers perform repetitive physical tasks, such as, foot marching, drill and ceremony, rifle marksmanship, and repeated obstacle course circuits, resulting in a high number of overuse-type injuries. The types of injuries commonly seen in the Army are very similar to those commonly seen in athletics, including sprains, strains, tendonitis, and stress fractures. To provide forward MSK care, increase physical resiliency, perform early intervention, and performance optimization services, the Army will contract AT services as part of a H2F Performance Team for designated installation/BDE sites.

1.4. SCOPE OF WORK

1.4.1. The contractor shall provide full time equivalent (FTE) certified ATs that are capable of meeting the Army credentialing requirements at designated site locations outlined in Exhibit B, Places of Performance. The ATs shall provide forward based MSK care within their scope of practice.

1.4.2. The ATs will be embedded at the BDE level in military setting. The preponderance of work will be performed in a military training environment (e.g., fitness center, administrative area, outdoors, range, field training area etc.), which may require local travel. The ATs will not be deployed out of the Continental United States (CONUS).

1.4.3. While it is industry practice for ATs to interact with businesses/vendors and to accept gifts or free supplies, products, and materials for personal use or for use in their practice, it is not acceptable and is forbidden to do so while working on this contract in accordance with 5 C.F.R.

2635.

1.4.4. The ATs at designated sites function to reduce medical attrition and increase military manpower. These ATs will improve BDE readiness through Army-specific functional fitness training programs, in accordance with Field Manual 7-22 and designed to meet each BDE’s Program of Instruction (POI) requirements. Services will target MSK injury prevention, rehabilitation, and reconditioning education services.

1.4.5. The ATs providing health care services shall perform duties under the appropriate clinical supervision of the designated privileged provider with physician oversight. ATs, if needed, may communicate with the Government clinical supervisor through virtual health if that is the best method of communication for their location. All health care services performed on federal installations are in compliance with Department of Defense (DoD) Manual Number 6025.13, Medical Quality Assurance (MQA) and Clinical Quality Management in the Military Health System (MHS).

1.4.6. Period of Performance. The period of performance shall consist of a Base Period and 4 Option Periods.

1.5. GENERAL INFORMATION.

1.5.1. Type of Contract. This contract is Firm Fixed Price.

1.5.2. Personal Services. Services provided by ATs are personal and intended to create an employer-employee relationship between the Government and the individual contract ATs only to the extent necessary for providing the healthcare services required under this contract. The performance of healthcare services by the individual contract ATs under a personal services contract are subject to day-to-day supervision and control (direct, line of sight, virtually, or telephonically) by healthcare facility personnel comparable to that exercised over military and civil service healthcare professionals engaged in comparable healthcare services. 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 contract ATs may be associated. The authority for personal services under this contract is 10 United States Code 1089 and 10 United States Code 1091.

1.5.3. Quality Assurance. The Government will evaluate the Contractor’s performance under this contract in accordance with a separate Quality Assurance Surveillance Plan (QASP). This Government-only plan is primarily focused on what the Government will do to ensure that the Contractor has performed IAW contract performance standards. The QASP provides a systematic method to evaluate performance to include how the performance standards will be applied, the frequency of surveillance, and the acceptable quality levels for each of the metrics identified in Exhibit C, Performance Requirements Summary (PRS).

1.5.3.1. Inspection and Acceptance. The inspection and acceptance point for all services rendered under this contract will be the installation ACOR. The performance by the ATs, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the COR or designated representative.

1.5.4. Contracting Officer’s Representative (COR). The government will identify an overarching contract COR and an alternate installation ACOR at each location. The COR and installation ACORs shall monitor all technical aspects of the contract and assist in contract administration.

Unless otherwise identified in a delegation letter, the COR and installation ACORs are authorized to perform the following functions; assure that the Contractor performs the technical and administrative requirements of the contract; perform necessary inspections in connection with contract performance; certify payments, maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements; monitor the Contractor’s performance and notify both the Contracting Officer (KO) and the Contractor of any deficiencies; coordinate availability of government furnished property; and provide facility access of contractor personnel. The KO will send a letter of designation to the COR and installation ACORs and the Contractor, which states the specific responsibilities and limitations of the COR and installation ACORs. The COR and installation ACORs are not authorized to change any of the terms and conditions of the contract.

1.5.5. Recognized Holidays. The following is a list of legal Federal holidays as referred to elsewhere in the contract:

1 January – New Year’s Day 3rd Monday in January – Martin Luther King’s Birthday 3rd Monday in February – President’s Day Last Monday in May – Memorial Day 4 July – Independence Day 1st Monday in September – Labor Day 2nd Monday in October – Columbus Day 11 November – Veteran’s Day Observance 4th Thursday in November – Thanksgiving Day 25 December – Christmas Day

1.5.5.1. 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 contract employee is scheduled to work is closed due to the holiday declared by an Executive Order and the employee is not required to report in, payment will not be made for those days. Closures of the installation due to inclement weather or other such acts of God shall be handled in the same manner.

1.5.6. Training Holidays. The military may designate a weekday as a Training Holiday and/or a mandatory training day if doing so would provide a three-day or four-day holiday weekend (e.g., Thanksgiving weekend, Friday is usually a military training holiday). Workload and mission requirements will determine whether the ATs will be required to provide services on training holidays. If Soldiers are required to report to duty on Training Holidays, the ATs may be required to provide services. The clinical supervisor or COR will provide the Contractor a 7-day notice for projected Training Holiday coverage.

1.5.6.1. During training holidays, if Soldiers and other active duty personnel are not required to work, ATs are encouraged to use annual leave. If not on leave, ATs must report to work.

During training or excused absences, ATs may use personal time off in accordance with the Contractor’s personnel policy, or report to work and may be required to work on administrative contract requirements. The ATs may only report to work if a Government employee is available to provide supervision. If a Government employee is not available on-site, the ATs will not be allowed to report for duty. Government personnel will notify ATs seven calendar days in advance when no Government personnel will be available on site. No payment will be made for days when Government employees are not available to provide contractor supervision.

1.5.7. Organizational Activities. During organizational activities the BDE may close for normal operations and contractor services may not be required. Contract employees may participate in organizational activities in a non-payment status. The Government will only pay for work actually performed.

1.5.8. Hours of Operation. The Contractor is responsible for conducting business on the days and hours specified in the Performance Work Statement (PWS) except when the Government facility is closed as listed in 1.5.5.

1.5.8.1. Hours of Performance. ATs core work hours are Monday through Friday. Specific hours re dependent on location but no more than 8 hours per day with a scheduled lunch break.

Occasional weekend work (i.e. Saturday or Sunday) may be required due to varying BDE schedules.

1.5.8.2. Scheduling. Schedules are subject to change due to training events/schedules, exodus, holidays and unexpected events. Some work days may be less or greater than eight hours. ATs are expected to work a 40-hour workweek and/or 80-hours within a two-week time period to accommodate training schedules. Installation ACOR must approve ATs to work longer than an 8-hour day if needed for unit training. No overtime payment is authorized. Hours worked begin at the first place of duty for the day and end at the last place of duty for the day. Telework may be authorized as directed by the Government.

1.5.9. Planned Absences. All requests for time off will be coordinated in writing with the installation ACOR at least 14 calendar days prior to the requested days off. Such notification will be in compliance with local procedures and does not negate the AT’s requirement to notify the contract company of absences.

1.5.9.1. Unplanned Absences. Unscheduled absences shall be called into the installation ACOR no later than two-hours prior to the scheduled shift. Such notification will be in compliance with local procedures. The ATs shall call in each duty day they are unable to report to work. Such notification does not negate the AT’s requirement to notify the contract company of absences.

1.5.9.2. Unplanned Absences for ATs greater than three days. The Contractor shall notify the COR or government supervisor when a scheduled contract AT cannot fill a shift for greater than a 3-day absence due to illness, emergency, injury, or death. Notification should be as soon as possible but no later than two hours after the start of a scheduled shift. Replacement requirements will occur in compliance with contract clause for Substitute ATs.

1.5.10. Substitute ATs. If the Contractor substitutes permanent ATs for a temporary period of time, the substitute shall meet the same qualification standards, health requirements, and terms as stated in the contract. All substitute requests to the KO must provide an explanation of the circumstances necessitating the proposed substitute of personnel.

1.5.11. Replacement ATs. If the Contractor replaces an AT as a permanent placement, the replacement shall meet the same qualification standards and health requirements as stated in the contract. The KO must be notified of any permanent replacements of AT personnel.

1.5.11.1. Replacement Time Frame. The Contractor shall replace permanent ATs such that vacancies will not exceed 30 consecutive calendar days. The consecutive calendar days start once the incumbent AT leaves the position.

1.5.12. Closures. During a planned closure of the facility due to training, holiday or unplanned closure due to unusual and compelling circumstances (e.g., natural disasters, military emergencies, severe weather, COVID-19 etc.), the Contractor will only be paid for the AT provided services, unless otherwise specified in the contract.

1.5.12.1. Unplanned Closures. In the event of an unplanned closure when ATs are not required to report to work, and do not provide services, billing for services is not authorized.

1.5.13. Places of Performance. The work to be performed under this contract will be at assigned BDEs in accordance with Exhibit B, Places of Performance. While each AT may be assigned to a primary location or specific BDE, the Government retains the right to assign an AT, permanently or temporarily, to another location within a 40-mile radius of their assigned unit. The reassignment will be to a unit providing the same or similar services and within the scope of the AT’s duties, expertise and qualifications. Temporary assignments may occur on an as needed basis or with last minute notification. For long term reassignments, the contract ATs shall receive notification two weeks prior to the permanent reassignment. Under a mutual agreement between the Contractor and the Government, this two-week notice may be waived.

1.5.14. Non-Mission Essential. The ATs under this contract are considered non-mission essential personnel. That means that in the event of inclement weather conditions or other circumstances, the ATs will work in accordance with installation guidance for non-mission essential personnel.

If the installation is closed and non-mission essential personnel are not required to work, the ATs will not report to work. If the installation has a delayed opening (i.e., two-hour delay due to weather), the AT shall make every attempt to be at work at their assigned unit, when the installation is open and operational. If non-mission essential personnel are not required to work, the Contractor will not be paid for that day.

1.5.15. Use of Government Property. The ATs shall not use government facilities, supplies, or equipment in private practice or for any purpose other than providing the health care services required under this contract.

1.5.16. Non-Compete Clauses. The use of non-compete conditions in employment agreements or in subcontracts (to prevent loss of personnel by the contractor) effective only during the period of the contract performance is acceptable. However, the use of non-compete conditions in employment agreements and/or in subcontracts that prevent employees and/or subcontractors of the incumbent from being interviewed by, employed, or accepting offers of employment and/or subcontracts by the new contractor on the follow-on contracts is unacceptable. It hinders the

Government’s ability to accomplish the mission of providing medical care to beneficiaries.

Awardee, and their subcontractors, may not include such conditions in employment agreements and/or subcontracts while performing under this contract.

1.5.17. Media and Other Inquiries/Engagements. The ATs shall not respond to any media inquiries or complaints. All inquiries and complaints from the media, third parties, private or public agencies shall be immediately relayed to the COR.

1.5.17.1. Social Media. The ATs shall not post any information, documents or photographs related to their position and/or duties related to this contract. Posting information on Soldiers or any other items related to their contract position is strictly forbidden.

1.5.17.2. Research. The ATs shall not share information, documents, healthcare inquiries, photographs or data to any outside entities, under any circumstance, particularly with regard to any research requests. Any research inquiries or requests for information shall immediately be referred to the COR. The ATs shall share data inquiries when requested by government personnel providing contract oversight.

1.5.17.3. Tobacco Usage. The Contractor shall ensure that its ATs comply with the Government tobacco policy. The ATs shall not use tobacco products (smoke or smokeless), or electronic cigarettes, in a healthcare facility, in a SPRC, in restricted smoking areas or in the presence of Soldiers.

1.5.18. Fraternization. The ATs shall not fraternize with Soldiers. Such conduct will be grounds for immediate dismissal. This includes fraternization via social media, meeting outside of official duties, and undue familiarity. Examples of familiarity that may become “undue” can include repeated visits to bars, nightclubs, eating establishments, or homes between the ATs and Soldiers.

1.5.18.1. Business Agreements. The ATs shall not enter into business agreements with Soldiers with the exception of a landlord agreement.

1.5.19. Billing of Beneficiaries. The Contractor and ATs shall not request or accept compensation of any kind for beneficiaries treated, procedures performed, or any other actions provided outside the terms and conditions of this contract. While on duty, ATs shall not advise, recommend, or suggest to individuals authorized to receive services at government expense that such individuals should receive services from the AT(s) when he is not on duty, or from a partner or group associated in practice with the Contractor or AT.

1.5.20. Confidentiality of Information. All financial, statistical, personnel, and technical data furnished, produced, or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. The Contractor shall not release any of the above information without prior written consent of the KO. The Contractor or AT shall not use patient care rendered pursuant to this contract as part of a study, research project, publication, or presentation at professional conference. Contractors are not privy to patient information based on AT patient care interactions. The ATs shall adhere to standards pertaining to the access of all patient information laws and regulations. The Contractor shall not persuade, induce or influence ATs to expose patient information for any reason. The ATs shall prepare medical records, forms and documents as required in accordance with established Military Treatment Facility (MTF) regulations and guidelines.

1.5.21. Privileged Communications. The ATs shall abide by federal and local MTF regulations and requirements concerning the nature of limited privileged communication between Soldiers and the AT as may be necessary for security and personnel reliability programs. The ATs shall also abide by federal and local MTF regulations concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Health Insurance Portability & Accountability Act (HIPAA) of 1996. All medical records and reports will remain the property of the Government.

1.5.22. Off-Duty Employment. The ATs are not prohibited from conducting a private practice of their profession or from engaging in other employment. However, the ATs shall not, simultaneously with performance under this contract, engage in other employment that creates a conflict of interest, violates federal law or potentially compromises the quality of their work under this contract. Further, such private practice or other employment shall not be conducted during those hours in which the AT is required to render services under this contract. The ATs shall make no use of the Government facilities or property provided under this contract in connection with other employment.

1.5.23. Employment of Government Personnel. The Contractor shall not employ active duty military or government civilian employees to perform services under this contract unless approved by the KO on a case-by-case basis.

1.5.24. Emergency Health Care. The MTF will provide emergency health care for injuries or life threatening medical emergencies to contracted ATs occurring while on duty. The Contractor shall reimburse the Government for medical services provided unless the required health care is both not covered by worker’s compensation insurance and the AT is otherwise entitled to receive Government medical services.

1.5.25. Government Systems. The AT shall operate and manipulate automated systems that may include, but are not limited to, Composite Healthcare Computer System (CHCS), Armed Forces Health Longitudinal Technology Application (AHLTA), Ambulatory Data System (ADS), Military Health System (MHS) GENESIS, and Clinical Information System (CIS) Medical Operational Data Systems such as Medical Readiness Portal, and unit SharePoint sites.

1.6. GENERAL REQUIREMENTS.

1.6.1. Quality Control Plan (QCP). The Contractor shall have a planned and systematic QCP that outlines the quality control process covering every aspect of the Contractor’s operation under this contract and procedures to ensure that services are performed IAW this PWS throughout the life of the contract. The Contractor shall submit a complete QCP to the KO within 30 calendar days of contract award and within 5 business days after any revisions. The KO will approve the QCP in writing. The Contractor shall submit changes to an approved QCP to the KO for approval throughout the life of the contract. At a minimum, the Contractor’s QCP shall include the following:

1.6.1.1. Written Code of Business Ethics. The contractor shall have a written code of business ethics which includes the process to identify and handle ethical issues related to the business practice.

1.6.1.2. Written Emergency Management Plan. The contractor shall have a written emergency management plan which includes an analysis of potential emergencies that could affect service performance, notification processes, backup communication systems, and a periodic test of the plan.

1.6.1.3. Written Policy to Address Privacy, Confidentiality and Security of Information. Policies shall include information about the appropriate use of social media with regard to treating military personnel; and proper handling of data collection/research in accordance with the government contract.

1.6.2. Inspection and Acceptance. The inspection and acceptance point for all services rendered under this contract will be the installation ACOR. The performance by the ATs, the quality of services rendered, and any documentation or written material in support of same, shall be subject to continuous inspection, surveillance and review for acceptance by the ACOR or designated representative.

1.7. SECURITY.

1.7.1. Security Identification Badges (IDs). Contracted ATs shall wear government-furnished IDs as required by installation or MTF policy. The Contractor shall not alter or obscure the badge.

1.7.1.2. The Contractor is responsible for ensuring AT IDs are renewed before expiration to prevent installation access problems. Absences caused by expired IDs shall not relieve the Contractor of its obligation to perform the services.

1.7.1.3. The ATs shall immediately report any lost or stolen IDs to the installation ACOR.

1.7.1.4. The ATs shall turn in all IDs to the COR, or a designated government representative, upon termination of their services or upon demand by the COR or designated government official.

1.7.2. Identification of Contractor Employees. The ATs shall use the label “contractor” in e-mail addresses and identify themselves as contract personnel in all meetings, telephone conversations, and written correspondence with government personnel.

1.7.2.1. Should the Force Protection Condition (FPCON) at any facility or installation change, the Government may require changes in contractor security matters or processes.

1.7.3. Safeguarding Information. The Contractor shall be responsible for safeguarding all Government property provided for Contractor use. The Contractor shall safeguard information of a confidential or sensitive nature. Neither the Contractor nor any of its ATs shall disclose or cause to be disseminated any information concerning the operation of the MTF that could increase the possibility of a breach in security, or interrupt the continuity of operations or which breach the requirements of the Federal Privacy Act of 1974. However, the Contractor may be required to provide testimony or deposition in lawsuits or other administrative, civil, or criminal proceedings.

1.7.4. Key Control. If applicable, the Contractor shall be responsible for any keys issued by the Government to the ATs for use in government facilities. The keys shall not be duplicated. The Contractor shall be financially responsible for the replacement of any lost or duplicated keys and any associated locks. Lost or duplicated keys and/or locks shall be reported to the issuing party, clinical Supervisor, or installation ACOR immediately upon recognition of the loss or duplication. No unauthorized personnel shall be allowed entry into the locked area. The Contractor shall ensure that its ATs lock all areas for which they possess a key when they are not using the area and at the close of the work period.

1.7.5. Antiterrorism/Operations Security Requirements.

1.7.5.1. Antiterrorism Level I Training. This provision is for contract ATs with an area of performance within an Army controlled installation, facility or area. All contract ATs, to include subcontracted ATs, requiring access to Army installations, facilities and controlled access areas shall complete Antiterrorism Level I Training within 30 calendar days after start date. The Contractor shall consolidate and maintain all certificates of completion for each contract and/or subcontract AT, and provide a status update to the COR within 7 calendar days after completion of training. A copy of the completion certificate shall be immediately available upon request by the government. Antiterrorism Level I Training is available at the following website:

https://jkodirect.jten.mil/.

1.7.5.2. iWATCH Training. The Government will brief all contractor personnel on the local iWATCH program. The local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to their COR.

Contractor employees must complete iWATCH training within 30 calendar days of reporting to duty.

1.7.5.3. Army Training Certification Tracking System (ATCTS). All ATs requiring network access to the hosted applications shall successfully register in the ATCTS. The ATCTS website for registration is located at https://atc.us.army.mil/iastar/registration.php. The contractor is responsible for maintaining an active database of ATs’ ATCTS status and providing status to the COR, as requested.

1.7.5.4. Operations Security (OPSEC) Training. Per AR 530-1, Operations Security, new Contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. All Contractor employees shall read and sign the OPSEC Individual User Compliance Agreement Form.

1.7.5.5. DoD Information Assurance (IA) Awareness Training. All ATs requiring a DoD Common Access Card (CAC) (e.g., smart card) and network access to the hosted applications shall successfully complete the DoD Information Assurance Awareness training prior to access then annually thereafter. The contractor shall access DoD Information Assurance Awareness Training at the Cyber Security Training Center website, “DoD Cyber Awareness Challenge Training at: https://jkosupport.jten.mil/. The contractor is responsible for maintaining initial and annual training certificates and providing them to the COR upon request. Contract employees are encouraged to place all training certificates in their individual Competency Assessment Folders (CAF) immediately upon completion of training.

1.7.5.6 DoD Threat Awareness and Reporting Program (TARP). All Contractor employees must complete the Department of Defense Threat Awareness and Reporting Program (TARP) Briefing Requirements.

1.7.6. Computer User Agreement. Contractor employees will be required to sign a Computer User Agreement Acceptable Use Policy and complete End User Awareness Training prior to being given access to a Government computer or the local network. Despite anything to the contrary in the Computer User Agreement Acceptable Use Policy, Government computers and other resources shall only be used for official Government business related to the performance of this contract.

1.7.7. Access and General Protection/Security Policy and Procedures.

1.7.7.1. The Contractor shall ensure all ATs comply with government security requirements. The Contractor shall schedule appointment(s) for new ATs with the requesting location security manager for their first duty day no later than 14 calendar days prior to submission of a complete and accurate package. The Contractor shall ensure that ATs are able to submit all complete and accurate security investigation paperwork on their first day of work at the requesting location.

1.7.7.2. Background Checks. The ATs shall not begin performance under this contract until the complete documentation for a Personnel Background Investigation (PBI) has been submitted in accordance with local policies and procedures. Because ATs will have access to and/or process information requiring protection under the Privacy Act of 1974, these positions are considered “Sensitive” and compliance with DoD Instruction 1402.05, DoD Directive 5200.2, AR 25.2, and AR 380-67 is mandatory. Therefore, a National Agency Check with Inquiries (NACI) is required for each AT under this contract. The Contractor shall fully adhere with security requirements and the provisions of referenced publications by having each of their contract ATs performing on this contract, make an appointment (through the COR) with the military treatment facility (MTF) security office at the installation. Each individual will be fingerprinted and required to complete the appropriate forms, usually a Standard Form 85, Questionnaire for Public Trust Positions.

1.7.7.3. Criminal History Background Check (CHBC). The ATs may be involved in the delivery of health care to Soldiers under the age of 18 and must meet the requirements of the Crime Prevention Act of 1990. Therefore, all ATs on this contract must undergo a Child Care National Agency Check and Inquiries (CNACI) as part of a CHBC as stated in Procedures, Enclosure 3 of DoDI 1402.05. The Contractor shall apply for the NACI within 3 workdays before start of performance for each AT.

1.7.7.4. Identification Badge (ID), Common Access Card (CAC), and Vehicle Registration Issuance. An ID badge, the Common Access Card (CAC) and the Vehicle Registration will not be issued until the Contract AT has been fingerprinted and complete documentation has been submitted to the appropriate installation, MTF or other Security Manager(s), as required at the facility. Upon award of the contract, the Contractor will immediately contact the COR for processing procedures to meet the security requirements, information needed for initial access to the installation/MTF and in-processing forms.

1.7.7.5. Security or Background Investigation Results. If a security or background investigation results in an unfavorable finding, the Contractor and AT will be notified. The AT will not be granted access to the installation or MTF and will not be qualified to perform services on the contract. All IDs, CAC cards and any other items previously issued by the government shall be returned to the government.

1.7.7.6. Installation Access Procedures. The ATs shall comply with the local installation requirements for access to military installations.

1.7.7.7. Entry Security and Vehicle Search. The ATs may encounter long delays for entry security, vehicle inspection and identification checks upon entering and exiting the installation.

The Government will not reimburse the AT for time spent at installation checkpoints.

1.7.8. DATA BREACH RESPONSE AND NOTIFICATION

1.7.8.1. Privacy Act and Health Insurance Portability and Accountability Act (HIPAA) Training.

The Contractor shall ensure that its entire staff, including subcontractors and consultants that perform work on this contract receive training on the Privacy Act, HIPAA, and the federal regulations on confidentiality of alcohol and drug abuse patient records, 42 CFR Part 2. Refer to FAR 52.224-3 regarding specific requirements for Privacy Training appropriate to the Contractor’s scope of involvement with Defense Health Agency’s PHI and its regulatory responsibilities as either a Covered Entity, or Business Associate.

1.7.8.2. The Contractor shall ensure all employees and subcontractors complete Privacy Act and HIPAA Privacy Training within 30 calendar days of being assigned and on an annual basis based on the employee’s birth month thereafter. The contractor is responsible to maintain copies of HIPAA training certificates and provide them to the COR immediately upon request.

1.7.8.3. The Contractor or its subcontractor shall immediately notify HIPAA Compliance Office upon discovery that a suspected or actual breach of PII has occurred. The notification shall include, to the greatest extent possible, the identification of each individual whose PII has been or possibly has been breached. In addition, the Contractor or its subcontractor shall provide HIPAA Compliance Office with any other available information that must be included in required breach reporting and notifications. The Contractor shall provide this information at the time of the initial notification to the Government or promptly thereafter as information becomes available.

1.7.8.4. The Government will determine whether a breach of PII has occurred, and whether breach notification to affected individuals is required. If breach notification to affected individuals is required, the Government will determine if the contractor shall make the required notification. If the contractor is to notify the impacted population, it shall submit the notification letters to HIPAA Compliance Office for review and approval.

1.8. CONTRACTOR REPRESENTATION.

1.8.1. Contractor’s Representative. The contractor shall provide a Contractor’s Representative who shall be responsible for the performance of the work, contract compliance and quality control under this contract. The name of this person and an Alternate Contractor’s Representative, who shall act for the contractor when the Contractor’s Representative is absent, shall be designated in writing and a copy of designation shall be provided to the post-award KO, no later than 10 business days after receiving notice of contract award. The Contractor’s Representative shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.8.1.2. Contractor’s Representative Status Change. The Contractor shall notify the KO in writing of changes in the status (i.e., termination or replacement) of designated contract-level Contractor Representative within one business day of the change. The Contractor’s Representative shall maintain professional decorum at all times and demonstrate responsiveness to the Government as appropriate.

1.8.1.3. The Contractor’s Representative shall be available to discuss all aspects of performance during the life of the contract and have the authority to resolve issues and problems as they arise.

The Contractor’s Representative will be available Monday through Friday 0800-1700 local time.

Problems or issues regarding performance of the contract that cannot be resolved between the COR/installation ACOR and the Contractor, will be referred to the KO.

1.8.2. Post-Award Conference/Periodic Progress Meetings. The Contractor shall attend a contract post-award conference established by the KO within 20 business days of contract award, and prior to commencement of any work performed under with this contract. The Contractor also agrees to attend any post-award conference or progress meeting convened by the contracting activity or contract administration office IAW Federal Acquisition Regulation (FAR) Subpart 42.500, Post-award Orientation.

1.8.3. Phase-in/Phase-out Period. To minimize any decreases in productivity and to prevent any possible negative impact on current services, the Contractor shall have personnel on board, at no additional cost to the Government, during the 90-day phase-in/phase-out periods at the locations listed in Exhibit B, Places of Performance. The contractor efforts required by these phase-in/phase-out periods are included in the contract as a Not Separately Priced (NSP) CLIN.

1.8.3.1. Phase-in Period. During the 90-day phase-in period, the contractor shall become familiar with the requirements of this PWS and accomplish all pre-performance functions and administrative actions necessary to commence full performance of services on the performance start date. These efforts include, but are not limited to: personnel recruitment and hiring efforts;

complete credentialing and employment packages, training, security requirements, obtaining CACs, etc.

1.8.3.1.1. Key Personnel. The Contractor shall identify, in writing, the company’s key personnel to the COR No Later Than (NLT) 10 business days after contract award.

1.8.3.1.2. Submit to the COR the QCPNLT 30 calendar days after contract award.

1.8.3.1.3. The Contractor shall recruit and hire qualified ATs to perform tasks as identified in this PWS in the quantities and locations found in Exhibit B, Places of Performance. The ATs will have been recruited, completed credentialing and employment packages, training, individual moving to new location, security requirements, and obtained CACs prior to the full performance start date. An example is all ATs will be ready to start work NLT 90 days after contract award.

1.8.3.2. Phase-out Period. The phase-out period occurs 90 days prior to the end of the final period of performance of this contract. If the KO requires additional phase-out efforts by the incumbent in transitioning a successor contractor, FAR Clause 52.237-3, Continuity of Services, may be invoked and associated costs will be negotiated in accordance the terms of this clause at that time.

1.9. CONTRACTOR TRAVEL.

1.9.1. Travel Reimbursement. The ATs may be required to perform travel for training or to provide services as requested by the installation ACOR to various locations on the installation.

Travel reimbursement will not be provided for travel within a 40-mile radius of the place of performance unless stated elsewhere in the PWS.

1.9.2. Reimbursable Travel. Reimbursable travel shall not be conducted prior to the appropriate funding being added to the contract, if applicable.

1.9.3. Personal Vehicle Usage. When using a personal vehicle for official duties, the Contractor will be compensated for mileage at the Federal Travel Regulation (FTR)/Joint Travel Regulation (JTR) prevailing rate. The AT shall not transport any Soldier or any member of a Soldier’s family in his/her personal or government issued vehicle. Any vehicle operated by the Contractor or its employees in performance of this contract must have the minimum liability coverage required by the state in which the performance is located.

1.9.4. Government Travel Orders. The Government will not issue government travel orders to the ATs.

1.9.5. Government Contract Air Carriers. Government contract air carriers and the Government's contract airfares are not available for Contractor use.

1.9.6. Federal Travel Regulation (FTR)/Joint Travel Regulation (JTR). The FTR/JTR shall serve as the basis for the cost limits for lodging, per diem, miscellaneous expenses and mileage reimbursement if use of privately owned vehicle is authorized. The Contractor shall use discount hotel/motel and car rental practices. Per Diem rates can be found on the World Wide Web at:

http://www.defensetravel.dod.mil/site/perdiemCalc.cfm.

1.9.7. Incurred Costs. Costs for transportation, lodging, meals and incidental expenses incurred by the AT are allowable subject to FAR 31.205-46 and FTR/JTR.

1.9.8. Government Directed Mode of Travel. The Government retains the right to direct the mode of travel including the availability and size of rental cars.

1.9.9. Contractor Invoices for Travel. The contractor shall submit an invoice IAW Wide Area Workflow (WAWF) instructions itemizing expenses in amounts allowable by the FTR/JTR. The COR will specify the MTF procedure to document that the travel was completed and an accounting of expenses incurred. All reimbursements will be retrospective, payable only upon presentation of a properly prepared invoice to the COR.

1.9.10. Relocation Costs. No relocation costs will be furnished by the Government.

1.10. PROFESSIONAL LIABILITY.

1.10.1. Responsibility and Procedures - Personal Services. Any personal injury claims alleging negligence by the individual contract AT within the scope of the AT’s performance of the personal services shall be processed by DoD in the same manner as claims alleging negligence by DoD military or civil service Health Care Workers. Neither the Contractor nor AT is required to maintain medical malpractice liability insurance for personal services, and the Government will not reimburse or otherwise pay for such insurance should any be purchased.

1.10.2. Lawsuits/Claims. The Contractor shall immediately notify the Government (i.e., COR at the applicable location) of any suit, action filed or claim made against the personal services AT, which occurred as a result of work performed by the AT under this contract. The Contractor and AT shall cooperate with the Government, without further compensation, in the processing, review, settlement, or defense of the suit, action, or claim; and authorize the Government representatives to settle or defend the claim and to represent the AT in, or take charge of, any litigation involved in such an action. The AT may participate in defense of such claims or litigation, at the AT’s own expense.

1.11. GOVERNMENT FURNISHED ORIENTATION AND TRAINING.

1.11.1. Orientation. The Contractor shall ensure that each AT is knowledgeable of the policies and procedures of his/her specific place of duty and/or the MTF. The Contractor shall ensure ATs receive any staff training required by the Government as a precondition/condition to performance. Such training may include instruction on automation processing, quality assurance policies and local in-service and safety briefings. This training shall be conducted during the scheduled shift of the ATs.

1.11.2. In/Out-Processing. The ATs shall complete all in-processing requirements. When an AT’s performance under this contract ceases, the AT shall return the Common Access Card (CAC), and all other government issued badges, as outlined in 1.16.12.

1.11.3. MTF Training. The ATs shall complete all MTF-specific training requirements and comply with all MTF policies and instructions as provided by the MTF. The ATs attending such training shall be in a paid status as part of the normal services required and billed under the contract.

1.11.4. Computer Skill Competency. The ATs shall be able to operate a personal computer utilizing Microsoft applications, such as Word, Excel and efficiently utilize an Electronic Medical Record.

1.11.5. Government Unique Training. The Government will provide specific orientation on Army Physical Readiness Training (PRT) and any DoD, Army or Army Medical Command (MEDCOM) training required for contract ATs during duty hours. The Government may elect to provide unique Government training to ATs who are performing services under this contract. If the Government elects to provide such training, the Government will provide such training at no additional expense to the Contractor or to the ATs. When directed by the KO, ATs shall attend all such training in a paid status as part of the normal services required and billed under the contract.

1.11.6. Electronic Medical Record Keeping Systems. The Government will provide training to ATs in the Electronic Medical Record Keeping Systems and other procedures that the medical activity's staff is required to use. Access to such patient data systems is an "Automated Data Processing Sensitive" position requiring compliance with AR 25-2 and AR 380-67, the Department of the Army Personnel Security Program. Refer to the Additional Information section “ADP Security Requirements” in this contract for further guidance.

1.11.7. Computer Training. The ATs shall complete computer system training for the support of health care delivery at the MTF. The Installation ACOR will coordinate the necessary computer training. The Government will provide computer training during normal business hours.

1.11.8. Additional Training. If additional training is needed due to mission changes, the Government will conduct required training. This training will be at no cost to the Contractor.

The COR will schedule this training.

1.11.9. Continuing Education (CE). The ATs, licensed, registered or certified by state bodies, professional organizations or national/medical associations shall continue to meet the minimum standards for CE to remain current as prescribed by their professional agency. CE shall be obtained at no additional cost to the government. The COR or designee may approve contract ATs to attend MTF CE courses on a space available basis. This time will not be billable to the government.

1.11.10. Emergency Preparedness Training. ATs shall participate in executing the MTF’s Emergency Preparedness Plan which may be in the form of drills/exercise or actual emergencies.

1.11.11. MTF Standards. The ATs shall comply with all applicable federal, state, and local laws, DoD agency-specific, installation and MTF policies, procedures and instructions as applicable…