W9114F-18-R-0002-0001.docx
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- Solicitation number
- W9114F-18-R-0002
- Issued by
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Department of the Army Medical Command
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Amendment 0001 to post Questions and Answers and change the required response date/time from 10-Jan-2018 2:00 PM to 12-Jan-2018 5:00 PM Germany Local Time.
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W9114F-18-R-0002
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
PURPOSE
The purpose of this amendment is to:
a. Post Questions and Answers
b. Extend the offer due date from 10 January 2018 2:00 PM Germany Local Time to 12 January 2018 at 5:00pm Germany Local Time
c. PWS Para 3.6.5. was modified to read: Contract service providers may be required to report to work as scheduled during emergencies, disasters or during adverse weather conditions. Contract services will still be required during these situations if contract service provider is considered mission essential personnel. This Position is designated Mission Essential for weather and emergency purposes. The contract service provider for this position is required to report for duty on time or continue on duty during inclement weather and emergencies despite delayed reporting, early release, or closure for other non-mission essential personnel. The hourly rate to be paid shall be the same hourly rate specified in the contract line item number listed on the 1920 hours.
d. Identify essential personnel in the SubCLIN description.
e. PWS Para 3.24 United Kingdom (U.K.) Civilian Component Stamp, was replaced by Para 3.24 United Kingdom (U.K.) Logistical Support provision.
f. Revised PWS Para 3.9.2. & 3.13.1.
g. Attachment 1 Specialty Qualifications. Add Para 9.3.1. through 9.3.1.5 for Speech Language Pathologists.
h. Attachment 1 Specialty Qualifications. Para 11.1 – IDEA defined as “Individuals with Disabilities Education Act”.
Questions and Answers:
1. Is this a new contract or an existing one?
ANSWER 1: This is a follow-on to the BH TBI W9114F-13-D-0003 IDIQ contract.
2. If this is an existing one, what is the name of the current Contractor?
ANSWER 2: Dymentum Health LLC
3. Please provide the option year prices for the contract.
ANSWER 3: We cannot provide option year prices for the current contract. You may submit a FOIA request to: usarmy.jbsa.medcom.list.medcom-foia-users@mail.mil
4. Is this a multiple award?
ANSWER 4: Reference Addendum to 52.212-1 Para 1.0(a) and FAR 52.216-1 Type of Contract. The Government contemplates a single award Indefinite Delivery/Indefinite Quantity contract resulting from this solicitation.
5. Who is the current incumbent contractor and what is the value of the current contract?
ANSWER 5: Incumbent: Dymentum Health LLC Contract value: $75,609,876.67
6. (a) Is teaming (prime and subcontractor) permitted under this contract? (b) Can a prime include a subcontractor in its proposal?
ANSWER 6: (a) Yes. Reference PWS Para 3.17. Subcontracting – Teaming arrangements or Joint Ventures are not considered subcontracing; (b) No
7. (a) Could you please provide the incumbent contract number? (b) If not, is this a new requirement?
ANSWER 7: (a) See Answer 2 (b) See Answer 1
8. RFP Page Number/ Section 390/52.212-1 1.0 (h) Subfactor 1: Personnel
8a. “Ability to provide and meet the qualifications of key personnel to be used in the execution of this contract, or those personnel recruited to fill those positions in accordance with the qualification requirements of the PWS.” Please define key personnel and list all key personnel titles ANSWER 8a: Key personnel in this solicitation are the full-time equivalent healthcare providers that are identified in the Contract Line Item Numbers (CLINs) and listed on Attachment 2 Location List.
8b. We are requesting that the required key personnel based in Germany be removed. From all appearances, this favors the incumbent.
ANSWER 8b: Factor 1 Technical, Subfactor 1 Personnel (b) Existing capability to perform in Europe such as key personnel who are already in country, will not be removed as Technical Subfactor.
8c. Existing capability to perform in Europe such as key personnel who are already in country. May we ask that this requirement be removed?
ANSWER 8(c): See Answer 8(b)
9. The current solicitation, # W9114F-18-R-0002, for BH/TBI Services includes the following clause, under Section 3.24:
“3.24. UNITED KINGDOM (U.K.) CIVILIAN COMPONENT STAMP. The Contractor shall be responsible for ensuring their company is registered with the Office of the Special United States Liaison Officer, American Embassy London, U.K. to establish eligibility for Status of Forces Agreement Civilian Component passport stampings, under the terms of the Special Memorandum of Understanding, dated 7 July 1987. If Civilian Component status is not achieved, the Contractor could be held responsible for payment of British income tax, British Council Tax, and import tax on privately owned vehicles. Other taxes could also pertain.”
The above provision implies that healthcare professionals furnished under the upcoming contract may qualify for SOFA status under the terms of the Special Memorandum of Understanding, dated 7 July 1987. However, a reading of the Special Memorandum of Understanding makes it very clear that none of the healthcare staff furnished under the upcoming contract that will result from Solicitation # W9114F-18-R-0002 will in no way qualify for SOFA status. In particular, the Special Memorandum states that it is applicable to “persons working for United States and corporations under contract to agencies of the Department of Defense who are engaged in intelligence work at specific sites within The United Kingdom.”
For reference, a copy of the Special Memorandum has been furnished to contracting under separate cover.
Can all offerors be made aware of this fact, so that they do not incorrectly believe that the Special Memorandum, cited in Section 3.24 as providing for SOFA status for U.K. contractor employees, is applicable to healthcare providers, when it is not?
ANSWER 9: Solicitation W9114F-18-R-0002 was changed by replacing Para 3.24, UNITED KINGDOM (U.K.) CIVILIAN COMPONENT STAMP with Para3.24 UNITED KINGDOM (U.K.) Logistical Support provision
10. The current solicitation includes a provision which appears to indicate that contractor employees in The United Kingdom may be able to attain SOFA status, and therefore not be responsible for payment of British income tax, British Council Tax, and import tax on privately owned vehicles.
The provision that appears to indicate that contractor employees will not be subject to British income tax provides as follows:
“3.24. UNITED KINGDOM (U.K.) CIVILIAN COMPONENT STAMP. The Contractor shall be responsible for ensuring their company is registered with the Office of the Special United States Liason Officer, American Embassy London, U.K. to establish eligibility for Status of Forces Agreement Civilian Component passport stampings, under the terms of the Special Memorandum of Understanding, dated 7 July 1987. If Civilian Component status is not achieved, the Contractor could be held responsible for payment of British income tax, British Council Tax, and import tax on privately owned vehicles. Other taxes could also pertain.”
May all offerors be made aware that the Special Memorandum of Understanding will not apply to healthcare providers furnished under the upcoming contract, as the applicability of the Special Memorandum of Understanding is limited to persons engaged in “intelligence work”, and that moreover, in order for the Special Memorandum of Understanding to apply, the salary paid to the intelligence workers must be paid directly from the appropriate U.S. Department of Defense agency?
ANSWER 10: See Answer 9
11. Section 3.24, as it currently appears, might appear to indicate that SOFA status may be granted to contractor employees furnishing healthcare service under the upcoming contract, so that British income taxes would not apply, may all offerors be informed of the actual text of the Special Memorandum limits the grant of an exemption from British income taxes to those contractor employees that are engaged in “intelligence work” and that also are paid under the specific compensation arrangements set forth in the Special Memorandum.
The Special Memorandum indicates that any grant of SOFA status is limited to workers “engaged in intelligence work at specific sites” and that the compensation to such employees, in order to qualify for British tax exemption, must “be paid directly by the United States Government” in accordance with the pay annex of the Special Memorandum.
The pay annex of the Special Memorandum states that all individuals performing intelligence work, in order to qualify for the special passport stamp and SOFA status must be engaged in intelligence work and also “shall receive payment of emoluments directly from the appropriate Department of Defense (DOD) agency. Such payment shall be effected by the appropriate DOD agency via electronic funds transfer to each individuals’ account in a financial institution…”
The pay annex further states that: “the various U.S. contractor corporations shall continue to maintain their own pay records and shall furnish the appropriate DoD agency with net pay statements, in arrears, for each individual employee.”
Will the Government clarify if it would ever pay net compensation directly to contractor employees, on the contractor’s behalf, in order to render the Special Memorandum potentially applicable to workers under this contract?
Section 3.24 of the Solicitation references the Special Memorandum of Understanding dated 7 July 1987. For reference, a copy of the Special Memorandum has been furnished to contracting under separate cover.
May the Special Memorandum be provided to all offerors so that all offerors are made aware of its contents? (This would be particularly appropriate because the Special Memorandum is mentioned in the Solicitation but is not furnished to offerors).
ANSWER 11: See Answer 9
12. The following EDIS labor categories and CLIN numbers, for EDIS providers in the U.K., under the current Solicitation are currently furnished directly to the United States Air Force under Contract Number: # FA561313-D-0009:
| SLIN | Specialty | Location | |
| 0013AC | Speech Language Pathologist | Lakenheath U.K. | |
| 0013AD | Clinical Child Psychologist | Lakenheath U.K. | |
| 0013AE | Early Childhood Special Educator | Lakenheath U.K. | |
| 0013AF | Pediatric Occupational Therapist | Lakenheath U.K. | |
| 0013AG | Pediatric Physical Therapist | Lakenheath U.K. | |
| 0013AJ | Early Childhood Special Educator | Alconbury U.K. | |
| 0013AK | Pediatric Occupational Therapist | Alconbury U.K. |
This predecessor Contract, Contract # FA561313-D-0009, in the PWS, Section F-1 Paragraph C states that: “EDIS are not considered ‘intelligence’ work.”
Would EDIS services be considered “intelligence work” under the current Solicitation, so that there would be a United Kingdom income tax exemption for contract employees under the contract resulting from the current Solicitation?
ANSWER 12: None of the BH and TBI specialties listed in this solicitation will be involved in intelligence work.
13. Contract # FA561313-D-0009, under which the following labor categories were previously performed – Speech Language Pathologist Lakenheath U.K., Clinical Child Psychologist Lakenheath U.K., Early Childhood Special Educator Lakenheath U.K., Pediatric Occupational Therapist Lakenheath U.K., Pediatric Physical Therapist Lakenheath U.K., Early Childhood Special Educator Alconbury U.K., Pediatric Occupational Therapist Alconbury U.K. – was originally solicited under Solicitation # W9114F-13-R-0004.
Under Solicitation # W9114F-13-R-0004, the Government provided the following answer in the Q&A:
“Contractors performing under this requirement would not fall under the status of the Status of Forces Agreement between the US/U.K. Governments. Contractors and their employees would be required to comply with U.K. labor and taxation laws as applicable.”
If the current contract does not fall under the Status of Forces Agreement between the US/U.K. Governments, will the contractor and its employees under the upcoming contract be required to comply with U.K. labor and taxation laws as applicable?
ANSWER 13: Yes. See Answer 9.
14. The following EDIS providers in the U.K. were furnished, prior to 2013 under Contract # DADA10-01-D-0003. Speech Language Pathologist Lakenheath U.K., Clinical Child Psychologist Lakenheath U.K., Early Childhood Special Educator Lakenheath U.K., Pediatric Occupational Therapist Lakenheath U.K., Pediatric Physical Therapist Lakenheath U.K., Early Childhood Special Educator Alconbury U.K., Pediatric Occupational Therapist Alconbury U.K..
Contract # DADA10-01-D-0003, in paragraph C.1.6.1, made it very clear that a SOFA accreditation and/or a U.K. income tax exemption was not granted to EDIS contractor employees in the United Kingdom.
Paragraph C.1.6.1 of the Contract clarified that no SOFA Status and no exemption from U.K. taxes is granted, for individuals employed by U.S. contractors in the U.K.:
“C.1.6.1. Notwithstanding the above approval and/or accreditation requirements there are situations where EDIS services will be required within countries where Host Nation Troop Care and or Technical Expert approval/accreditation and/or tax exemption is not recognized or granted. Such a country is the United Kingdom of Great Britain. In these situations the U.S. Government may be not be exempt from a tax burden liability and therefore, may be required to reimburse the contractor for costs associated with a tax burden levied by the country where EDIS services are being provided. The British Government levies various taxes on all income generated in Britain, and on British residents' income abroad. All persons who are physically present and employed in Britain for more than six months in any tax year (from April to April) are regarded by the United Kingdom (U.K.) as residents for tax purposes. The "Double Taxation Treaty" between the United States and the United Kingdom currently does not appear to grant any relief/exempt status to the U.S. Government nor to U.S. Government contractor employees providing EDIS services within the U.K., and therefore, does not exempt the contractor from incurring a tax burden on behalf of EDIS providers delivering EDIS services within the U.K.”
Is any term of the current solicitation intended to instruct offerors that United Kingdom income taxes will not be levied on contractor healthcare employees under the upcoming contract, or that unlike under predecessor contract # DADA10-01-D-0003, the contractor healthcare employees will receive SOFA status or a U.K. tax exemption under the upcoming contract?
ANSWER 14: See Answer 9
15. All individuals residing and fulfilling employment in the U.K. are required, under U.K. law, to pay taxes on all earned income.
According to Her Majesty’s Revenue and Customs (“HMRC”), all income from full, part-time and temporary employment “counts as taxable income.” According to the HMRC website:
“What counts as taxable income? Income from employment. Includes income from full, part-time and temporary employment.”
(“Income Tax rates and Personal Allowances-GOV.U.K.,” website, http://www.gov.U.K./income-tax-rates)
The PAYE tax liability for each individual varies depending upon his/her taxable income.
PAYE taxes are assessed as follows in the U.K.:
| PAYE tax threshold | 11,500£ per year (exempt from taxes) | |
| Basic tax rate | 20% of annual earnings above PAYE tax threshold and up to |
45,000£
| Higher tax rate | 40% of annual earnings from 45,001£ to 150,000£ | |
| Additional tax rate | 45% of annual earnings above 150,000£ |
(“Rates and thresholds for employers,” HM Revenue & Customs website http://www.hmrc.gov.U.K./paye/rates-thresholds.htm)
Does the Government expect that the contractor will comply with United Kingdom income tax law with respect to its employees unless SOFA status was to apply and the employees were, due to grant of SOFA status, exempt from United Kingdom income taxes?
ANSWER 15: Yes. See Answer 9
16. The general obligations of employers to withhold U.K. income tax and U.K. National Insurance, for all individuals employed in the United Kingdom, are established in the following U.K. laws: Income Tax (Earnings and Pensions) Act 2003 and the Social Security Contributions and Benefits Act 1992.
As incumbent contractors furnishing healthcare staff in the United Kingdom, we do withhold required British income taxes on all U.K. employee earnings.
Will it be an expectation that the incoming contractor will comply with U.K. law in the tax treatment of its employees and withhold and pay British income taxes on the earnings of employees in the U.K.?
ANSWER 16: Yes. See Answer 9
17. It is our understanding that SOFA status is not provided in the U.K. for contract employees furnishing medical services and that U.K. work permits must be obtained, with British income tax deducted and paid, for such contract medical service employees.
Can you please confirm that this is the case under the current solicitation? In other words, can you please clarify if the successful contractor should comply with local U.K. law and pay British income tax and British Council Tax, as SOFA status will not furnished in the U.K. for contract medical service employees?
ANSWER 17 : See Answer 9. The successful contractor shall comply with local U.K. law and pay British income and council taxes, as SOFA status will not furnished in the U.K. for contract medical service employees.
18. Can individuals providing medical services on behalf of a Government contractor in the U.K. obtain SOFA status and, therefore, an exemption from British income and Council taxes on the employee’s earnings in the U.K.?
ANSWER 18: See Answer 9.
19. If a SOFA exemption is not available, must US Government contractors pay British income taxes on the earnings of their employees in the U.K.?
ANSWER 19: See Answer 9.
20. The general obligations of employers to withhold British income tax and British National Insurance, for all individuals employed in the United Kingdom, are established in the following U.K. laws: Income Tax (Earnings and Pensions) Act 2003 and the Social Security Contributions and Benefits Act 1992. As incumbent contractors for the current contract, we do withhold required British income taxes on all U.K. employee earnings.
Will it be an expectation that the incoming contractor will comply with U.K. law in the tax treatment of its employees and withhold and pay British income taxes on the earnings of employees in the U.K.?
ANSWER 20: See Answer 9.
21. If SOFA status is not available to individuals furnishing medical service on behalf of the US Government at U.S. military facilities in the U.K., will employees also be subject to payment of Council tax in the U.K.?
ANSWER 21: See Answer 9.
22. For Italy and Germany, the government has clearly outlined how visas/host nation approvals will be obtained. The only clause concerning immigration in the U.K. is 3.24.:
UNITED KINGDOM (U.K.) CIVILIAN COMPONENT STAMP. The Contractor shall be responsible for ensuring their company is registered with the Office of the Special United States Liaison Officer, American Embassy London, U.K. to establish eligibility for Status of Forces Agreement Civilian Component passport stampings, under the terms of the Special Memorandum of Understanding, dated 7 July 1987. If Civilian Component status is not achieved, the Contractor could be held responsible for payment of British income tax, British council tax, and import tax on privately owned vehicles. Other taxes could also pertain.
If individuals are employed in the U.K. and not engaged in “intelligence work” and not subject to SOFA status, would Section 3.2.4 apply, as passport stampings could not be obtained under the Special Memorandum?
ANSWER 22: See Answer 9.
23. Our understanding is that the incumbent employees for the following EDIS positions in the U.K. are fully enrolled on Her Majesty’s Revenue rolls for payment of U.K. income tax and are currently having their salary withheld for income tax payments in the U.K., each under their own United Kingdom tax identification number for U.K. income tax:
| Speech Language Pathologist | Lakenheath U.K. | |
| Clinical Child Psychologist | Lakenheath U.K. | |
| Early Childhood Special Educator | Lakenheath U.K. | |
| Pediatric Occupational Therapist | Lakenheath U.K. | |
| Pediatric Physical Therapist | Lakenheath U.K. | |
| Early Childhood Special Educator | Alconbury U.K. | |
| Pediatric Occupational Therapist | Alconbury U.K. |
None of these individuals currently furnishing service under the above positions received SOFA status in the U.K., and all are paying U.K. income taxes on their salaries in the United Kingdom.
Does Section 3.24 “UNITED KINGDOM (U.K.) CIVILIAN COMPONENT STAMP.” indicate that any of the incumbent employees, who are healthcare providers, and not “engaged in intelligence work”, will cease to be responsible for U.K. income taxes under the upcoming contract, if they do not receive SOFA status, and are currently fully enrolled in the U.K. income tax system, and are paying U.K. income taxes?
ANSWER 23: See Answer 9.
24. Our company is the current incumbent under Contract # W9114F-13-D-0002, for ADCMS Services, with 36 healthcare providers currently furnished under that Contract in the U.K. Many of these services, currently furnished under the ADCMS Contract, are now being solicited under the TBI Solicitation. We have never been able to obtain a Status of Forces Agreement Civilian Component passport stamping for any of the healthcare providers that we have furnished, and we have been informed by the Office of the Special United States Liaison Officer, American Embassy London, U.K., that such passport stampings are not available for healthcare providers. As a result, no healthcare providers placed by us in the U.K. have ever obtained SOFA status, and we have had to obtain ordinary work permits for all U.S. staff that has relocated to the U.K. for service as a healthcare provider.
Can the Government clarify whether any individual furnishing healthcare services has ever been able to obtain a Status of Forces Agreement Civilian Component passport stamping or SOFA status in the U.K.? If this has never occurred, can a contract provision be added indicating that United Kingdom work permits will need to be obtained if SOFA status in the United Kingdom cannot be granted?
ANSWER 24: See Answer 9.
25. Under the current ADCMS Contract, we are the incumbent contractor, and employer in the U.K., for the following labor categories and locations positions in the U.K. which are currently being solicited under the current TBI Solicitation. All of the providers staffing these positions in the U.K. are fully enrolled on Her Majesty’s Revenue rolls for payment of U.K. income tax and are currently having their salary withheld for income tax payments in the U.K., each under their own United Kingdom tax identification number for U.K. income tax:
| Specialty | Location | |||
| Psychologist – Behavioral Health | Lakenheath, U.K. | |||
| LCSW – Mental Health | Lakenheath, U.K. | |||
| Clinical Psychologist | Alconbury, U.K. | |||
| Mental Health Technician | Lakenheath, U.K. | |||
| ASACS Counselors | Lakenheath, U.K. | |||
| ASACS Counselors | Alconbury, U.K. |
None of these individuals currently furnishing service under the above positions received SOFA status in the U.K., and all are paying U.K. income taxes on their salaries in the United Kingdom.
Does Section 3.24 “UNITED KINGDOM (U.K.) CIVILIAN COMPONENT STAMP” indicate that any of the incumbent employees, who are healthcare providers, and not “engaged in intelligence work”, will cease to be responsible for U.K. income taxes under the upcoming contract?
ANSWER 25: See Answer 9.
26. The incumbent Speech Language Pathologists currently performing in Lakenheath, Spangdahlem, and Aviano are required to have specific experience in the provision of Speech Language services to children. Specifically, current providers must meet the following qualifications, as stated in the PWS:
“The Contractor shall ensure all HCPs possess the skills and applicable experience necessary to evaluate and treat infants, toddlers, and school-age children. Each prospective candidate shall have at least two (2) years of general experience with pediatric clients and at least one (1) year within the past five (5) years specializing with the age group for which employment is considered, including experience gained during a practicum, internship, or clinical fellowship year as part of a degree program.”
“1.6.2.7.1 Have, as a minimum, master’s degree in the field of speech pathology.
1.6.2.7.2 Have a certification of Clinical Competence (CCC-SLP) as awarded by the American Speech Language and Hearing Association (ASHA) or a current license in speech-languag1.6.2.7.3 Possess the basic knowledge of principles and practices of family-centered care as it relates to Early Intervention Services, and knowledge of theories and practices of delivering comprehensive services in the least restrictive setting.
1.6.2.7.4 Possess a basic knowledge of medical and social conditions that are associated with developmental disabilities in young children and how these conditions may be best remedied.
1.6.2.7.5 Possess a basic knowledge of typical infant/toddler growth and development and the impact of behavioral, biological, and environmental risks on such development.
1.6.2.7.6 Have the skills and ability to independently determine test instruments to be used for infants/toddlers; to administer, score, and interpret the test.
1.6.2.7.7 Have the skills and ability to provide competent face-to-face contact with infants/toddlers with disabilities, their families, other members of the team, childcare employees, preschool teachers, physicians, and county and state officials.
1.6.2.7.8 Have the interpersonal skills of compassion and empathy and the ability to assist emotionally distraught, depressed, or angry family members to develop a sense of competence regarding their child with disabilities.”
As stated in the current solicitation, the qualifications for Speech Language Pathologist that are included only cover adult Speech Language Pathologists and do not specifically include experience with children and developmental disabilities. The current requirement reads as follows:
“9 Speech Language Pathologist
9.1. Education: Master’s Degree in speech-language pathology.
9.2. Licensure/Registration: Currently licensed and unrestricted in one of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam or the U.S. Virgin Islands and be able to obtain clinical privileges to practice medicine with the applicable MTF Credentials Committee.
9.3. Experience: Shall have a minimum of 300 to 375 hours of supervised clinical experience and nine months of postgraduate professional clinical experience.
9.4. Life support training. The Contractor employees shall possess and maintain current course completion documentation for basic cardiac life support (BCLS) through an American Heart Association and/or Red Cross approved training program. The contract HCPs are responsible for maintaining these certifications in a current status at all time while performing services under this contract.”
Will the Speech Language Pathologists performing EDIS services at Lakenheath, U.K., Alconbury, U.K., Spangdahlem, Germany and Aviano, Italy under the solicitation and resulting contract be required to have expertise in working with children? Such requirement significantly impacts availability and recruitment of providers, and therefore pricing for this position.
Will the Government add an additional position description to cover the Pediatric Speech Language Pathologists, to be furnished at Lakenheath, U.K., Alconbury, U.K. and Aviano, Italy, in addition to the Adult Speech Language Pathologists, covered under Section 9.1?
ANSWER 26: Attachment 1 Specialty Qualifications. Add Para 9.3.1. through 9.3.1.5 for Speech Language Pathologists.
27. As the incumbent contractor for ASACS Counseling Services, we are currently providing a tracking database for ASACS Counseling Services.
Will the contractor selected under the current solicitation also be required to supply such a database, or will a tracking database for ASACS Counseling Services be provided by the Government at the start of Contract performance to replace the current contractor database for ASACS Counseling Services?
ANSWER 27: The ASACS Counseling services a non-personal services. The contractor shall provide any data required in the performance of the ASACS Counseling services.
28. If the contractor is required to provide a tracking database for ASACS Counseling Services under the upcoming contract, will the Government provide additional compensation for construction of ASACS Counseling Services database, or must the contractor provide such a database without additional charge?
ANSWER 28: See Answer 27
29. Assuming that the U.K. Civilian Component Passport Stamp referred to in Section 3.24, “UNITED KINGDOM (U.K.) CIVILIAN COMPONENT STAMP” is unavailable, a number of additional costs must be planned on by contractors. As incumbent contractors for 36 positions in the U.K., we have never been able to obtain a U.K. Civilian Component Stamp, as none of the providers who we employ are engaged in intelligence work, and as we compensate our providers directly. As a result, we not only are responsible for British income tax, British counsel tax and import tax on privately owned vehicles, but also the obtaining of regular work visas for all employees that are not accompanied by an active duty spouse, and must maintain payroll services in the U.K.
Are all additional expenses necessary to provide and administer British income tax withholding in the U.K. the responsibility of the contractor, if the United Kingdom Civilian Component Stamp, and SOFA status, is not available for the contractor’s employees?
ANSWER 29: See Answer 9.
30. We are aware that a number of the following positions being solicited under the upcoming TBI Solicitation relate to EDIS employees that have furnished service for an extended period of time in the United Kingdom and/or are married to U.K. spouses.
Such individuals include individuals staffing some of the following positions:
Pediatric Occupational Therapist, Lakenheath, U.K.
Speech Language Pathologist, Lakenheath, U.K.
Early Childhood Special Educator, Alconbury, U.K.
Pediatric Occupational Therapist, Alconbury, U.K.
Due to their length of service in the U.K., many of these providers are no longer eligible for U.S. Social Security contributions, over and above their U.K. income tax withholding. Due to their length of service as EDIS providers, many of these individuals now must be covered under the British social security system, which is referred to as the National Health Insurance (“NHI”) system in the U.K.
If one or more individuals are not eligible for U.S. Social Security, is the contractor responsible under the upcoming Contract for furnishing and administering host nation social security contributions in the U.K.?
ANSWER 30: See Answer 9.
31. Section 3.25 states as follows:
“The Contractor is responsible for ensuring all country clearances, passports, visas, and accreditations required by the Host Nation are obtained prior to employment of individuals under this contract. In the event a proposed contract employee is denied Host Nation approval, accreditation and/or permission, the Contractor shall submit like documentation for another nominee.”
If the contractor is responsible for ensuring all visas and accreditations required by the Host Nation, would this mean that the contractor must obtain a visa and work permit for employees being relocated by the contractor to the U.K., if SOFA status is not available in the U.K. for healthcare professionals to be relocated by the contractor?
Does the Government intend to provide assistance to the contractor in obtaining visas or work permits in the United Kingdom, since SOFA status is not available to employees relocated by the contractor that are not engaged in intelligence work?
ANSWER 31: No
32. Can the Government clarify whether the TBI providers being solicited in the U.K. are involved in intelligence work, as required for SOFA status in the U.K. under the Special Memorandum of Understanding between the United States and the United Kingdom of Great Britain and Northern Ireland, dated 7 July, 1987?
ANSWER 32: None of the BH and TBI specialties listed in this solicitation will be involved in intelligence work. See Answer 9.
33. If the TBI providers in the United Kingdom do not receive SOFA status, will the contractor or the Government be responsible for British income taxes on the salaries of these providers?
ANSWER 33: See Answer 9.
34. We note that Section 3.17 states as follows:
“Subcontracting. European countries are no longer granting exemptions for prime contractors to conclude contracts with subcontractors to fulfill contractual obligations. Therefore, the prime contractor shall provide all of the employees for support to the United States Forces stationed in Europe. Subcontracting is not authorized in accordance with Article 72 of the Supplemental Agreements to the NATO SOFA. Teaming arrangements or Joint Ventures are not considered subcontracting.”
Does this provision mean that subcontractors will not be permitted to subcontract staff to the prime contractor under the upcoming contract?
ANSWER 34: Yes
35. We are currently the incumbent provider under the current ADCMS Contract for the following labor categories in the UK that are being solicited under the current TBI Solicitation:
| Specialty | Location | |||
| Psychologist – Behavioral Health | Lakenheath, U.K. | |||
| LCSW – Mental Health | Lakenheath, U.K. | |||
| Clinical Psychologist | Alconbury, U.K. | |||
| Mental Health Technician | Lakenheath, U.K. | |||
| ASACS Counselors | Lakenheath, U.K. | |||
| ASACS Counselors | Alconbury, U.K. |
We do not receive a British income tax exemption for any of the providers currently furnishing service under these labor categories in the UK. As a result, British income tax is withheld and paid for these providers. In order to withhold and pay British income tax, we must furnish the tax amount withheld in UK pounds to Her Majesty’s Revenue and Custom Service. Her Majesty’s Revenue and Custom Service does not accept payment of withheld income taxes in U.S. Dollars, but these amounts must be converted to UK Pounds for payment.
If the incumbent providers in the UK being solicited under the TBI Solicitation continue to be subject to British income taxes, because they do not qualify for a British tax exemption under the Special Memorandum referred to in the Solicitation under Section 3.24, will the contractor or the Government be responsible for the payment of required British income tax on employee salaries?
If the incumbent providers in the UK being solicited under the TBI Solicitation continue to be subject to British income taxes, because they do not qualify for a British tax exemption under the Special Memorandum referred to in the Solicitation under Section 3.24, will the contractor or the Government be responsible for administrative expenses necessary to maintain payroll services in the UK and or implement a system of withholding British income tax?
ANSWER 35: See Answer 9.
36. Our subsidiary is currently the incumbent provider for EDIS services furnished in the UK, which services are now being solicited under the upcoming TBI Solicitation:
| SLIN | Specialty | Location | ||
| 0013AC | Speech Language Pathologist | Lakenheath U.K. | ||
| 0013AD | Clinical Child Psychologist | Lakenheath U.K. | ||
| 0013AE | Early Childhood Special Educator | Lakenheath U.K. | ||
| 0013AF | Pediatric Occupational Therapist | Lakenheath U.K. | ||
| 0013AG | Pediatric Physical Therapist | Lakenheath U.K. | ||
| 0013AJ | Early Childhood Special Educator | Alconbury U.K. | ||
| 0013AK Pediatric Occupational Therapist | Alconbury U.K. |
None of the providers in these specialties and locations indicated above currently receive a British income tax exemption in the UK. As a result, British income tax is withheld and paid for these providers. In order to withhold and pay British income tax, the tax amount withheld must be furnished to Her Majesty’s Revenue and Custom Service in UK pounds. Her Majesty’s Revenue and Custom Service does not accept payment of withheld income taxes in U.S. Dollars, but these amounts must be converted to UK Pounds for payment.
If the incumbent providers furnishing EDIS service in the UK continue to be subject to British income taxes, because they do not qualify for a British tax exemption under the Special Memorandum referred to in the Solicitation under Section 3.24, will the contractor or the Government be responsible for the payment of required British income tax on employee salaries?
If the incumbent providers under the ADCMS Contract continue to be subject to British income taxes, because they do not qualify for a British tax exemption under the Special Memorandum referred to in the Solicitation under Section 3.24, will the contractor or the Government be responsible for administrative expenses necessary to maintain payroll services in the UK and or implement a system of withholding British income tax?
ANSWER 36: See Answer 9.
37. We note that the requirement for EDIS providers, in the UK, Germany, and Italy is highly specialized, requiring placement of highly scarce, subspecialty pediatric providers.
As just one example of unique EDIS requirements, the Solicitation requires provision of Pediatric Occupational Therapists, in the UK, at Lakenheath and Alconbury, in Germany at Spangdalem, and in Italy at Aviano. Significantly, these Pediatric Occupational Therapists must not only possess pediatric experience, but specific subspecialty experience in working with a age group from birth to three years old, in particular.
The Statement of Work for Pediatric Occupational Therapist, in this regard, provides that the Pediatric Occupational Therapist must possess specific experience in working not only with pediatric patients generally, but subspecialty pediatric experience in working with a birth to three year old age group. Section 12.3 thus specifies that the Pediatric Occupational Therapist must possess the following experience and skills:
“12.3. Experience/Skills: Possess the basic knowledge of principles and practices of family-centered care, and theories and methods for delivering services in a fully inclusive school setting or embedded in the natural routines of the family. Have at least two (2) years of experience within the last five (5) years in pediatric occupational therapy for ages 0 to 36 months with special needs.”
Since these pediatric subspecialty providers are extremely scarce and rare, does the Government plan on waiving the highly difficult requirement for two years of experience working with ages 0 to 36 months with special needs?
If obtaining pediatric subspecialty providers, with specific experience working with ages 0 to 36 months requires additional compensation, is the contractor or the Government responsible for such compensation costs necessary to attract providers that have specifically worked for at least two years with ages 0 to 36 months?
ANSWER 37: The Government will not waive the requirement. The contractor is responsible for additional compensation costs.
38. We note that the requirement for EDIS providers, in the UK, Germany, and Italy is highly specialized, requiring placement of highly scarce, subspecialty pediatric providers.
As just one example of unique EDIS requirements, the Solicitation requires provision of Early Childhood Special Educators, in the UK, at Lakenheath and Alconbury, in Germany at Spangdalem, and in Italy at Aviano. Significantly, these Early Childhood Special Educators must not only possess pediatric experience, but specific subspecialty experience in working with a age group from birth to three years old, in particular.
The Statement of Work for Early Childhood Special Educator, in this regard, provides that the Early Childhood Special Educator must possess specific experience in working not only with pediatric patients generally, but subspecialty pediatric experience in working with a birth to three year old age group. Section 11.2 thus specifies that the Early Childhood Special Educator must possess the following experience and skills:
“11.2. Experience/Skills: Be an ECSE with a master’s degree or higher and shall have at least 2 years of direct ECSE experience within the last 5 years in IDEA related settings. Bachelor level candidates shall have at least three (3) consecutive years of direct experience during the past 5 years delivering Early Intervention Services in natural settings, and may only be placed at locations with two or more ECSE positions and one position is occupied by a master’s level HCP.”
Since these pediatric subspecialty providers are extremely scarce and rare, does the Government plan on waiving the highly difficult requirement for at least 2 years of direct Early Childhood Special Educator experience within the last 5 years in IDEA settings, if the individual possesses a master’s degree, or 3 consecutive years of direct experience delivering Early Intervention Services if the individual possesses a bachelor’s degree?
If obtaining pediatric subspecialty providers, in the specialty of Early Childhood Special Educator, with specific experience of at least two years for candidates with a master’s degree and three years for candidates with a bachelor’s degree working in IDEA settings requires additional compensation, is the contractor or the Government responsible for such compensation costs necessary to attract providers that have specifically worked in IDEA settings as specified in the Solicitation?
ANSWER 38: The Government does not plan to waive the Experience/Skills stated in the solicitation. The contractor is responsible for additional compensation costs.
39. The Government uses the term IDEA in specifying the requirements for several of the EDIS specialty providers. EDIS specialty providers required under the Solicitation include:
| SLIN | Specialty | Location | ||
| 0013AC | Speech Language Pathologist | Lakenheath U.K. | ||
| 0013AD | Clinical Child Psychologist | Lakenheath U.K. | ||
| 0013AE | Early Childhood Special Educator | Lakenheath U.K. | ||
| 0013AF | Pediatric Occupational Therapist | Lakenheath U.K. | ||
| 0013AG | Pediatric Physical Therapist | Lakenheath U.K. | ||
| 0013AJ | Early Childhood Special Educator | Alconbury U.K. | ||
| 0013AK Pediatric Occupational Therapist | Alconbury U.K. |
a. Will the Government define IDEA?
b. Does the Government intend that specialties with required experience in an IDEA related setting in fact possess that experience, or may general experience in a specialty be routinely substituted for these EDIS providers?
| ANSWER 39: (a) IDEA is defined as Individuals with Disabilities Education Act | |
| (b) Refer to PWS Paragraph 11.2 |
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The required response date/time has changed from 10-Jan-2018 02:00 PM to 12-Jan-2018 05:00 PM.
SUPPLIES OR SERVICES AND PRICES
SUBCLIN 0001AA
The CLIN extended description has changed from:
The contractor shall provide personal services of a Registered Nurse Case Manager at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
To:
The contractor shall provide personal services of a Registered Nurse Case Manager at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 0001AF
The contractor shall provide personal services of a Child Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Child Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 0001AJ
The contractor shall provide personal services of a Psychiatric Nurse Practitioner at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Psychiatric Nurse Practitioner at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 0001AM
The contractor shall provide personal services of a Psychiatric Nurse – Clinical at LRMC in accordance with Performance Work Statement. (2 FTEs @1920 Hours)
The contractor shall provide personal services of a Psychiatric Nurse – Clinical at LRMC in accordance with Performance Work Statement.This position is identified as mission essential IAW PWS Para. 3.6.5. (2 FTEs @1920 Hours).
SUBCLIN 0001AQ
The contractor shall provide personal services of a Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. (2 FTEs @1920 Hours)
The contractor shall provide personal services of a Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (2 FTEs @1920 Hours).
SUBCLIN 0001AT
The contractor shall provide personal services of a Psychologist at LRMC in accordance with Performance Work Statement. (2 FTEs @1920 Hours)
The contractor shall provide personal services of a Psychologist at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (2 FTEs @1920 Hours).
SUBCLIN 0001AW
The contractor shall provide personal services of a Child Psychologist at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Child Psychologist at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 0001AZ
The contractor shall provide personal services of a Licensed Clinical Social Worker at LRMC in accordance with Performance Work Statement. (3 FTEs @1920 Hours Each)
The contractor shall provide personal services of a Licensed Clinical Social Worker at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (3 FTEs @1920 Hours Each).
SUBCLIN 1001AA
The contractor shall provide personal services of a Registered Nurse Case Manager at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Registered Nurse Case Manager at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 1001AF
The contractor shall provide personal services of a Child Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Child Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 1001AJ
The contractor shall provide personal services of a Psychiatric Nurse Practitioner at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Psychiatric Nurse Practitioner at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 1001AM
The contractor shall provide personal services of a Psychiatric Nurse – Clinical at LRMC in accordance with Performance Work Statement. (2 FTEs @1920 Hours)
The contractor shall provide personal services of a Psychiatric Nurse – Clinical at LRMC in accordance with Performance Work Statement.This position is identified as mission essential IAW PWS Para. 3.6.5. (2 FTEs @1920 Hours).
SUBCLIN 1001AQ
The contractor shall provide personal services of a Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. (2 FTEs @1920 Hours)
The contractor shall provide personal services of a Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (2 FTEs @1920 Hours).
SUBCLIN 1001AT
The contractor shall provide personal services of a Psychologist at LRMC in accordance with Performance Work Statement. (2 FTEs @1920 Hours)
The contractor shall provide personal services of a Psychologist at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (2 FTEs @1920 Hours).
SUBCLIN 1001AW
The contractor shall provide personal services of a Child Psychologist at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Child Psychologist at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 1001AZ
The contractor shall provide personal services of a Licensed Clinical Social Worker at LRMC in accordance with Performance Work Statement. (3 FTEs @1920 Hours Each)
The contractor shall provide personal services of a Licensed Clinical Social Worker at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (3 FTEs @1920 Hours Each).
SUBCLIN 2001AA
The contractor shall provide personal services of a Registered Nurse Case Manager at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Registered Nurse Case Manager at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 2001AF
The contractor shall provide personal services of a Child Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. (1 FTE @1920 Hours)
The contractor shall provide personal services of a Child Psychiatrist – Board Certified at LRMC in accordance with Performance Work Statement. This position is identified as mission essential IAW PWS Para. 3.6.5. (1 FTE @1920 Hours).
SUBCLIN 2001AJ
The contractor shall provide personal services of a Psychiatric Nurse Practitioner at…
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