W911WN23Q30005 Amendment 0006.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

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

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

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

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

FAR (48 CFR) 53.243

RE: W911WN23Q3005 for LRP Medical Surveillance Services

The purpose of this amendment is to extend the quote due date, update PWS Sections 2.2.2 and 4.3.4 to accommodate potential exceptions to the 100-mile radius and online portal capability requirements, accept questions for up to 5 calendar days after this amendment is posted, as w ell as update the "Evaluation of Quotes" to best value and submission instructions.

See Summary of Changes for Details.

1. CONTRACT ID CODE PAGE OF PAGES

1 16

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

16C. DATE SIGNED

BY 27-Apr-2023

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W911WN23Q3005

X 9B. DATED (SEE ITEM 11)

10-Feb-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

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

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

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

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

12. ACCOUNTING AND APPROPRIATION DATA (If required)

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

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

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

CONTRACT ORDER NO. IN ITEM 10A.

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

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

D. OTHER (Specify type of modification and authority)

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

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

10A. MOD. OF CONTRACT/ORDER NO.

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

6. ISSUED BY

3. EFFECTIVE DATE

27-Apr-2023

CODE

U.S. ARMY ENGINEER DISTRICT, PITTSBURGH

ATTN CELRP-CT

W S MOORHEAD FEDERAL BUILDING

1000 LIBERTY AVENUE ROOM 2203

PITTSBURGH PA 15222-4186

W911WN 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

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W911WN23Q3005

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 30-Mar-2023 11:00 AM to 12-May-2023 11:00 AM.

The following have been modified:

ADDITIONAL INFORMATION

Provisions to fill-in and return with quote:

*FAR 52.204-24

*FAR 52.212-3: If your System for Award Management (SAM) registration is current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation) as of the date of your offer, only paragraph (b) needs to be filled in; otherwise complete the entire provision.

*FAR 52.229-11

*DFARS 252.204-7016

*DFARS 252.204-7017

Questions:

Contractual and Technical questions relating to the solicitation or procedures are to be submitted via email to:

LRP.contracting@usace.army.mil and ‘cc’ Emma Coble at Emma.N.Coble@usace.army.mil no later than 11:00 a.m. ET five (5) calendar days after the amendment is issued. No questions will be answered after that date. Use the solicitation number as the SUBJECT: W911WN23Q3005 (LRP Medical Surveillance). An amendment to the solicitation will be posted on SAM.gov to answer all questions received in a timely manner.

Price Schedule:

Do NOT add pricing on pages 3-51 of the solicitation document. An Excel spreadsheet is included and shall be used for pricing the requirements. DO NOT MAKE ANY CHANGES TO THE SPREADSHEET. DO NOT ADD ROWS OR COLUMNS. DO NOT DELETE FORMULAS. Information should be entered ONLY in Column F “Unit Price”. Verify totals in Column G. If you find any errors, notify Contracting right away. The Price Schedule shall be returned as an unprotected Excel attachment to the solicitation when providing your quote. The quoter shall use the standard US currency method of exactly two numerals to the right of the decimal point to calculate the extended price (i.e. use 12.34 not 12.3405289). The quoter is responsible for verifying all calculations.

FAR 52.217-8, Option to Extend Services is included in this solicitation and any resultant contract. The rates (as evaluated during the contract award process) to be used during the continued performance of any services will be the rates in effect at the time of the extension. The terms and conditions in effect at the time of the extension will also remain in effect.

Evaluation of Quotes:

Quote Evaluation: In accordance with FAR 13.106-1(a)(2)(i) Quotes will be evaluated on price, past performance and conformance to the PWS requirements. Exceptions to the distance and online portal requirements may be considered in determining best value. Along with the pricing submission, quoters must identify any nonconformances with the contract distance and online capability requirements. Award will be made to the responsible* offeror, whose quote represents the best value to the government. [*Responsible means a contractor that meets the standards in FAR 9.104-1 – available at www.acquisition.gov] The government reserves the right to

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SUBMITTAL INSTRUCTIONS

The entire solicitation need not be returned; only those pages on which you filled-in/completed information need to be submitted.

*SF 1449, page 1:

*Block 12 – if you offer discount terms, enter them here; otherwise the government terms are Net 30 days.

*Block 17a. Code – this is your CAGE Code (Facility Code is blank), Business Name, Address, Unique entity identification (previously DUNS); and phone number *Block 30a, b and c must be completed

*Provisions 52.204-24, 52.212-3, 52.229-11, DFARS 252.204-7016 and 252.204-7017 as explained above.

*If any amendment(s) is (are) issued [SF Form 30] it (they) must be acknowledge(d) and submitted with your quote.

*Quotes with the Excel pricing sheet must be emailed and received on or before the date and time shown on page 1, Block 8 of the Solicitation. It is not necessary to add pricing to pages 3-51 of the solicitation.

*Any exceptions to the PWS requirements must be documented, including but not limited to clearly indicating which:

a. USACE LRP facilities (identified in Attachment 1) are located outside of a 100-mile radius of your clinic or facility.

b. online portal capability requirements your system cannot support.

The email subject shall read: W911WN23Q3005, Company Name, Quote and emailed to:

LRP.contracting@usace.army.mil and ‘cc’ Emma Coble, Contract Specialist, at Emma.N.Coble@usace.army.mil.

PERFORMANCE WORK STATEMENT

1.0 GENERAL INFORMATION:

The Contractor is responsible for providing all necessary management, personnel, materials, equipment, supplies, and services to provide Occupational Health Services for a period of one year from date of award and with four additional option years to be exercised at the Government’s discretion for employees of the U.S. Army Corps of Engineers (USACE), Pittsburgh District (LRP).

1.1 LOCATIONS:

The USACE LRP employees requiring Exam Services of this contract are stationed across a geographic area including portions of West Virginia, Ohio, and Pennsylvania. Attachment 1 contains a map and list of LRP facilities where employees require Exam Services.

1.2 WORK HOURS:

The Contractor shall provide Exam Services during normal working hours of USACE LRP employees. Normal working hours are Monday through Friday from 7:30 AM until 4:00 PM Eastern Time (ET). The Contractor is not permitted to schedule any Exam Service outside of the normal working hours, on weekends (i.e., Saturday or Sunday), or on Federal holidays unless otherwise authorized by the Contracting Officer Representative (COR).

The following are the Federal holidays observed:

New Year's Day (January 1st) Martin Luther King Day (3rd Monday in January) President's Day (3rd Monday in February) Memorial Day (Last Monday in May) Juneteenth (June 19th) Independence Day (July 4th) Labor Day (1st Monday in September) Columbus Day (2nd Monday in October) Veterans Day (November 11th)

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Thanksgiving Day (4th Thursday in November) Christmas Day (December 25th)

When one of the above designated holidays falls on a Sunday, the following Monday is observed as a legal holiday.

When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday.

1.3 POINT OF CONTACT:

The primary point of contact for this contract is the Contracting Officer Representative (COR) and USACE LRP Occupational Health Program Manager (OHPM).

1.4 DISTRIBUTION:

The Contractor shall provide personnel at each Exam Facility with a copy of the contract and all attachments and appendices to ensure they are familiar with the contract’s requirements, and to provide complete and thorough service to the Government.

1.5 DEFINITIONS:

As used throughout this description/specification, the following terms shall have the meaning set forth below:

1.5.1 Completion Date. The date by which all work must be completed.

1.5.2 Contractor. The Contractor is the entity responsible for complying with the terms and conditions.

1.5.3 Contractor Quality Control Inspector (QCI). Person designated by the Contractor to perform oversight of the Contractor's Quality Control Plan. A QCI shall be responsible for implementing the Contractor Accident Prevention Plan and Quality Control Plan and shall have the authority to determine for the Contractor if work is ready for government inspection and make decisions for the Contractor on re-performance.

1.5.4 Contractor Representative (CR). Individual(s) selected to represent the interests of the Contractor with regards to all matters and activities involving this contract. Responsible for safety.

1.5.5 Contracting Officer (KO). A person with the authority to enter into, administer, and/or terminate contracts for the Government, and make related determinations and findings. The term includes certain authorized representatives of the KO that must act within the limits of their authority as delegated by the KO.

1.5.6 Contracting Officer’s Representative (COR). Individual designated and authorized in writing by the

KO to perform specific technical or administrative functions.

1.5.7 Nonpersonal Services Contract. A contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the Government and its employees.

1.5.8 Quality Assurance. A method used by the Government to provide a measure of control over the quality of services provided by the Contractor.

1.5.9 Quality Control. A method used by the Contractor to control the quality of services provided to the Government.

2.0 QUALIFICATIONS:

2.1 PERSONNEL:

The following are the qualifications required of personnel to perform the Occupational Health Services of this contract:

2.1.1 All Exam Services shall be provided by qualified health professionals to include the following:

a. Qualified Occupational Health Physician. A licensed and Board Eligible/Board Certified Doctor of Medicine (MD) or Osteopathy (DO) who, by virtue of education, specialized training, and experience, has acquired a minimum of five (5) years’ experience and is knowledgeable of regulations and resources relating to occupational medicine such as the Occupational Safety and Health Administration (OSHA), National Institute of Occupational Safety and Health (NIOSH), Department of Defense (DoD), Department of Army (DA), and the American College of Occupational and Environmental Medicine (ACOEM) practice guidelines.

b. Licensed Health Care Providers such as Physician’s Assistants and Certified Nurse Practitioners, provided they hold a state license that is in good standing in their area of practice. Certification in Occupational Health Medicine or Nursing is preferred. The Licensed Health Care Provider shall have been professionally employed in the practice of medicine for a minimum of three (3) years.

c. Dive Physicals. All diver physicals shall be conducted by a licensed physician who completed a Diving Medical Officer course, hyperbaric fellowship, or a Federal Aviation Administration (FAA) Aeromedical Examiner with diving medicine experience.

d. Crane Operator and Commercial Driver’s License (CDL) Physicals. All crane operator and CDL physicals shall be conducted by Medical Examiners as defined by the Federal Motor Carrier Safety Administration.

The Federal Motor Carrier Safety Administration defines a Medical Examiner as a person who is licensed, certified, and/or registered in accordance with applicable State laws and regulations to perform physical examinations. The term includes but is not limited to Doctors of Medicine (MD), Doctors of Osteopathic Medicine (DO), Physician Assistants (PA), Advanced Practice Nurses (APN), and Doctors of Chiropractic (DC). If the Medical Examiner who signs the operator physical examination is not an MD or DO, the Medical Examiner must be an active member of the FMCSA National Registry of Certified Medical Examiners. The website of the FMCSA National Registry of Certified Medical Examiners is https://www.fmcsa.dot.gov/national-registry-certified-medical-examiners-search.

e. Noise Exposure Examination. Audiometric tests for noise exposure examinations shall be performed by a licensed or certified audiologist, otolaryngologist, or other physician, or by a technician who is certified by the Council of Accreditation in Occupational Hearing Conservation, or who has satisfactorily demonstrated competence in administering audiometric examinations, obtaining valid audiograms, and properly using, maintaining, and checking calibration and proper functioning of the audiometers being used. A technician who operates microprocessor audiometers does not need to be certified. A technician who performs audiometric tests must be overseen by an audiologist, otolaryngologist, or physician.

2.1.2 Occupational Health Nurse. A person who, by virtue of education, specialized training, and experience, has acquired competence in occupational health nursing and is currently certified or board eligible by the American Board of Occupational Health Nurses or is a licensed registered nurse with a minimum of two (2) years occupational health background. For a Federal civilian employee, this would be a nurse who meets the requirements of the Office of Personnel Management’s (OPM) standard for the Occupational Health Nurse GS-610 series.

2.1.3 Occupational Health Medical Records Custodian(s). Any Contractor personnel responsible for maintaining medical records shall be Health Insurance Portability and Accountability Act (HIPAA)-certified.

2.2 EXAM FACILITIES:

2.2.1 The Contractor shall perform all Exam Services in a fully functional, staffed clinic or facility capable of performing the examination protocols contained in Attachment 2.

2.2.2 The clinics or facilities used to perform Exam Services must be within a 100-mile radius of the USACE LRP facilities identified in Attachment 1. Exception to this requirement will be considered on a case-by-case basis.

2.3 PERMITS AND LICENSES:

Any licenses or permits required to perform the aspects, requirements, or work under this contract shall be obtained at the Contractor’s expense. The Contractor shall comply with all current federal, state, and local laws and regulations and shall comply with any subsequent changes.

3.0 SUBMITTALS:

Unless otherwise specified, the Contractor shall submit the following information to the COR at the pre-work conference for this contract:

3.1.1 Proof of qualification for all personnel required to perform the Occupational Health Services of this contract as identified in Section 2.1 within 10 working days prior to award. The Contractor shall provide any changes in personnel and/or licensure in writing within five (5) working days of the official notification to the provider.

3.1.2 Names and telephone numbers of all individuals authorized to act on behalf of the Contractor or

Contractor Representatives shall be submitted in writing to the COR before work is performed.

3.1.3 Quality Control Plan. See Section 5.0.

3.1.4 Abbreviated Accident Prevention Plan (APP). See Section 7.2.

3.1.5 Activity Hazard Analyses (AHAs). See Section 7.3.

3.1.6 List of staff position titles and names for all personnel that will perform work in or on USACE LRP facilities. See Section 8.1.

3.1.7 Security. See Section 8.0.

3.1.8 Certificate of Insurance. See Section 9.0.

4.0 PERFORMANCE WORK STATEMENT:

The Contractor shall provide the following Occupational Health Services:

4.1 EXAM SERVICES:

Exam Services are used to ensure that employees are fit for duty, provide baseline physical parameters, detect early signs of exposures to workplace hazards, and provide early detection of any medical, physical, or mental conditions that could progress to states resulting in medical disability. The Contractor shall provide the following Exam Services for identified USACE LRP employees:

4.1.1 General Physical Examinations. The following are the general physical examinations to be performed:

a. Fit for Duty Examination.

b. Lock Operator/Maintenance Worker Physical.

c. Dive Physical.

d. Crane Operator Physical.

e. Commercial Driver’s License (CDL) Physical.

4.1.2 Medical Surveillance Examinations. Medical surveillance examinations are based on work-related exposures. The following are the medical surveillance examinations to be performed:

a. Asbestos Exposure Examination.

b. Noise Exposure Examination.

c. Respirator User Examination.

d. Bloodborne Pathogens.

e. Lead Exposure Examination.

f. Chromium VI Exposure Examination.

g. Chemical Exposure Examination.

h. Arbovirus Exposure Examination.

4.1.3 Estimated numbers for each type of Exam Service required by this contract are contained in Attachment 2.

4.1.4 Exam Scheduling:

a. The OHPM and/or a Supervisor/Point of Contact will request performance of all Exam services via the Contractor-provided online service portal described at 4.3.4. The COR will provide an updated list of USACE personnel authorized to schedule appointments quarterly.

b. The Contractor shall be responsible for scheduling specified Exam Services within seven (7) days for fit for duty examinations and within thirty (30) days for all other Exam Services. The location of the Exam Services shall be according to Section 2.2.2.

4.1.5 Exam Performance:

a. Prior to performing any examinations, the Contractor shall verify that the correct exams have been requested and scheduled for the employee based on occupation and exposures. The Government will not pay for any unauthorized examinations.

b. Specific examination protocols for each type of Exam Service required by this contract are contained in Attachment 2.

c. All Exam Services shall be provided by qualified health professionals (see Section 2.1.1). Any Exam Service performed by a Licensed Health Care Provider shall be reviewed and signed by a Qualified Occupational Health Physician.

d. Any Exam Service not covered in Section 4.1 but deemed medically necessary must be authorized by the KO or the COR in coordination with the OHPM prior to performance.

e. The Government will pay only for authorized exams based on the employee’s occupation and exposures at the time the services are performed. The Government will not pay for unauthorized exams.

4.1.6 Exam Results:

a. After completing an Exam Service, a Qualified Occupational Health Physician or Occupational Health Nurse shall verbally review the examination and any associated test results with the USACE LRP employee.

Such review shall include an explanation of any test results or conditions that require further examination, treatment, duty restrictions, or job limitations.

b. For non-work-related concerns, the qualified health professional will make referrals to the USACE LRP employee’s primary care physician, as necessary.

c. If necessary, the qualified health professional shall determine and recommend follow-up medical examinations and/or requests for medical information.

d. If additional medical information or examinations are required, this information is to be requested and provided only to the specific USACE LRP employee.

e. The Contractor shall notify the USACE LRP employee and the OHPM, in writing, of any employee exposure to occupational health hazards (for example, threshold hearing shift, elevated blood lead levels, etc.).

f. Upon completion of exams, original forms shall be provided to the Occupational Health Medical

Records Custodians.

4.1.7 Clearances. A Qualified Occupational Health Physician must provide notes and interpretation of the Exam Services performed to determine if the employee has any detected medical, physical, or mental condition that would place the employee at an increased risk of potentially endangering themselves or others.

a. A Medical Clearance Determination Form (Attachment 3) must be completed by a Qualified

Occupational Health Physician specifying the employee’s clearance for duty as one of the following. Other forms may be determined acceptable for use as approved by the OHPM.

(1) Cleared for duty with no limitations.

(2) Cleared for duty for a limited time period pending receipt of additional medical information or examination results requested. A date for the limited time period shall be provided as the date the clearance expires.

(3) Cleared for duty but with limitations. Such limitations/any job duties that cannot be performed shall be identified.

(4) Not fit for duty.

b. All medical clearance determinations must be signed by a Qualified Occupational Health

Physician.

c. The medical clearance determination shall note if abnormal findings are job or exposure related.

d. Diver Clearances. All diver clearances shall be documented on ENG Form 6227, Diver Medical

Instructions and Authorization (Attachment 4).

e. Crane Operator Clearances. All crane operator clearances must be signed by a Medical Examiner as defined by the Federal Motor Carrier Safety Administration (see Section 2.1.1.d) and must state that the operator received a physical examination and meets the medical requirements defined EM 385-1-1 Section 16.B.05.

Note: A DO2 Medical Examiners Certificate in accordance with the Federal Motor Carrier Regulation (49 CFR 391.41-391.49) does not meet the EM 381-1-1 and ASME B30.5 crane operator physical requirements.

f. CDL Clearances. All CDL clearances must be signed by a Medical Examiner as defined by the

Federal Motor Carrier Safety Administration (see Section 2.1.1.d).

g. Notification of Clearance Results.

(1) Not Fit for Duty or Limitations Identified. When an employee is identified as “not fit for duty” or “cleared for duty but with limitations” (see Attachment 3) the Contractor shall provide, at minimum, immediate verbal notification (i.e., within 24 hours) to the OHPM. Notification shall identify the employee’s name and the classification of “not fit for duty” or “cleared for duty but with limitations” and the identified limitations as well as a course of action to include follow-up examinations or referrals. After notification, the Contractor shall follow-up with a written medical clearance determination according to Sections 4.1.7.g(2)-(3) below.

(2) The Contractor shall provide medical clearance determinations to the OHPM through an online portal within fifteen (15) days of the initial Exam Service or following receipt of follow-up medical information.

(3) The Contractor shall provide a copy of the medical clearance determination to the USACE

LRP employee within fifteen (15) days of the initial Exam Service or following receipt of follow-up medical information.

4.2 OTHER MEDICAL SERVICES:

4.2.1 The Contractor shall provide medical consultation by telephone to the OHPM as requested.

4.2.2 The Contractor shall provide preventive services within the competence of the professional staff to include the following:

a. Appraise and report work environment health hazards to the OHPM as an aid in preventing and controlling health risks.

b. Provide specific disease screening examination and immunizations as determined necessary by the OHPM. When a need is identified, the contract will be modified to add necessary disease screening and immunizations at negotiated prices.

4.3 ADMINISTRATIVE SERVICES:

4.3.1 The Contractor shall be available for regular, quarterly “State of the Contract” meetings as well as more frequently on an “as-needed” basis. Meetings will be conducted virtually.

4.3.2 The Contractor shall generally be available to the OHPM during the work hours identified in Section

1.2 by telephone for consultation.

4.3.3 The Contractor shall coordinate with the OHPM to furnish requested supporting data for Office of

Workers’ Compensation Program (OWCP) claims.

4.3.4 Online Portal. The Contractor shall provide a single online portal to permit the following functions:

a. Exam Services Scheduling. The portal shall permit the OHPM and Supervisors/Points of Contact to schedule the Exam Services identified in Section 4.1.

b. Medical Clearance Determinations. The portal shall permit the OHPM to view USACE LRP employee medical clearance determinations in an electronic format. See Section 4.1.7.

c. Reports. The portal shall permit the OHPM to view the reports identified in Section 4.3.6.

Exceptions to Online Portal capability requirements for Scheduling, Medical Clearance Determinations and Reports will considered on a case-by-case basis.

4.3.5 Medical Records.

a. USACE LRP will furnish all available medical history records of each USACE LRP employee to the Contractor in an electronic format at the beginning of the contract term.

b. The Contractor shall be responsible for maintaining existing and new medical records for the duration of the contract or for each USACE LRP employee’s length of employment plus 30 years, whichever comes first.

(1) Upon completion of the period of performance and any executed options of this contract, the Contractor shall deliver all medical records in an electronic format as directed by the OHPM. USACE LRP may require the Contractor to return records to USACE LRP or a successor contractor.

(2) Whenever an employee’s record reaches the length of employment plus 30 years, the

Contractor shall provide notification to the OHPM for appropriate action.

c. All medical documentation recorded as a condition of this contract shall be recorded using applicable medical screening and/or medical history examination forms and shall be maintained according to the following:

(1) 5 CFR 293, Personnel Records

(2) 5 USC 552a, Privacy Act

(3) Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996

(4) Public Law 111-5, American Recovery and Reinvestment Act of 2009

(5) 29 CFR 1910.1020, Access to Employee Exposure and Medical Records

Additionally, the Contractor shall:

(1) Implement administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits on behalf of the medical surveillance requirement.

(2) Ensure that the adequate separation required by § 164.504(f)(2)(iii) [of the Privacy Rule] is supported by reasonable and appropriate security measures.

(3) Ensure that any agent, including a subcontractor, to whom it provides this information agrees to implement reasonable and appropriate security measures to protect the information.

(4) Report to USACE any security incident of which it becomes aware.

b. To the extent permitted by law, USACE LRP has unlimited data rights in the medical history records provided to the Contractor for record-keeping and in the medical records generated from performing the medical surveillance services of this contract. The Contractor has no data rights in either type of medical record.

c. Any sharing of medical information must be performed according to the requirements of the

HIPAA and Privacy Act.

d. Contractor personnel deemed responsible for maintaining medical records (i.e., Occupational

Health Medical Records Custodian) must be HIPAA-certified.

e. The Contractor shall provide to any USACE LRP employee a copy of their medical record within fifteen (15) working days, upon request.

f. All medical records are proprietary to USACE LRP.

4.3.6 Reports. The Contractor shall provide, at minimum, quarterly reports through an online portal to be accessed by the OHPM. Reports must include the following information:

g. Number of employees examined, their ages, type of Exam Service(s) performed, costs, job site totals, and summary of results (i.e., medical clearance determinations).

h. Number of employees potentially having job-related abnormalities and/or restrictions (total number and job site totals).

i. Trends of subsequent physicals to include recommendation(s) based on changes in employee evaluation results. Identify potential correlated occupational hazards and provide recommendation for corrective action to control exposure(s).

5.0 QUALITY:

The Contractor shall provide services IAW the performance standards described in the Performance Requirements Summary, Attachment 5.

5.1 Contractor Quality Control. The Contractor shall establish a Quality Control Plan to assure the requirements of the contract are provided as specified. The primary purpose of quality control is to identify and correct discrepancies in the quality of services performed before the level of performance becomes unacceptable. The Contractor’s signed plan shall be provided to the KO and COR for review in advance of the pre-work conference. A COR-approved Quality Control Plan must be in place prior to the start of work. A suggested outline of components for the Contractor’s Quality Control Plan is available in Appendix I.

5.1.1 The program shall include, but not be limited to the following:

a. An inspection system covering all services stated in the contract Performance Work Statement.

b. A method of identifying and correcting discrepancies in the quality of services performed before the level of performance is unacceptable.

Any changes made to the Quality Control Plan shall be provided to the KO and COR for review and COR approval.

5.1.2 The Contractor shall appoint a Quality Control Inspector(s) (QCI) to perform the Contractor’s Quality Control Plan.

5.1.3 The Contractor shall maintain a file of all inspections conducted by the Contractor and the corrective actions taken. These files shall be made available for inspection upon request by the COR.

5.1.4 Failure to provide appropriate quality control may result in issuance of a Contract Discrepancy Report

(CDR).

5.2 Quality Assurance. The Government will use a Quality Assurance Surveillance Plan (QASP) to monitor the Contractor’s performance to ensure compliance with the terms of the contract. The Government reserves the right to alter the QASP and/or use additional surveillance methods as deemed appropriate.

5.2.1 The Government will keep a record of all complaints received concerning Contractor performance.

Upon receipt of a complaint, the Government will attempt to verify the complaint and furnish a copy of the findings to the Contractor. Should the Government verification reveal a nonperformance by the Contractor, a CDR may be issued.

5.3 Discrepancies. If any of the work performed does not conform to the contract requirements, the Government may require the Contractor to perform the work again at no cost to the Government. When the defect in work cannot be corrected by re-performance, or cannot be corrected in the specified timeframe, the Government may, by separate contract or otherwise, perform the work and charge the Contractor any costs incurred by the Government that are directly related to the performance of such work. The actual cost includes but is not limited to labor costs including benefits, transportation, and materials.

6.0 TASK ORDERS:

6.1 All work under this contract will be ordered by issuance of individual Task Orders (SF 1449). No work shall be performed under this contract before an individual Task Order has been issued by the KO. The Task Order will list those items from the contract schedule that are to be performed, include funding for the ordered work, state the period of performance covered, and provide invoicing instructions. Only the KO, by issuance of a modification, may make any change to a Task Order.

6.2 Upon contract award, the Contractor shall establish a profile for the Procurement Integrated Enterprise Environment (PIEE) at https://pieetraining.eb.mil/wbt/xhtml/wbt/portal/overview/vendorRegister.xhtml. See Appendix II. The Government will establish a file for each new task order. Contractors shall access PIEE for COR Designation Letters and other documents associated with contract and Task Order administration.

6.3 On a monthly basis, the Contractor shall prepare a single, comprehensive invoice for services provided in accordance with FAR 52.212-4(g). A copy of this invoice shall be submitted both to the to the COR for review and USACE Finance Center (UFC), Millington, TN for payment no later than the 15th day of the month following the month the services are performed. The invoice shall be submitted to the COR electronically. The UFC’s invoice may be submitted via mail or electronically. Electronic submission requirements for the UFC are provided in Appendix IV. USACE does not use the Wide Area Workflow (WAWF) module in PIEE to pay invoices.

6.4 The Government pays only for those services performed and accepted.

6.5 If needed, after final payment has been made for services received on a Task Order, the KO will send an email notification with information addressing service(s) not used during the performance period. Subsequently, a modification will be issued by the KO to de-obligate funds for services not used and to reflect the services received by the government.

7.0 SAFETY:

7.1 General. The Contractor shall comply with the most recent edition of the USACE Engineering Manual (EM) 385-1-1, “Safety and Health Requirements Manual”, and all applicable federal, state, and local laws, ordinances, criteria, rules, and regulations. Where any requirements herein, applicable laws, criteria, ordinances, regulations, and referenced documents vary, the most stringent requirements govern. The latest version of the EM 385-1-1 is available online at: http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1- 1.pdf

7.2 Accident Prevention Plan (APP). The Contractor shall submit an Abbreviated APP that contains the Contractor’s safety policies and procedures applicable to the work to be performed under the contract. The Abbreviated APP shall be developed according to EM 385-1-1 Appendix A, Paragraph K. This APP and applicable appendices shall be submitted and accepted by the COR at least one week prior to the pre-work conference and prior to any commencement of work. The Abbreviated APP Form, Form A-01, of the EM 385-1-1 may be used by the Contractor to assist in the development of their Abbreviated APP.

7.2.1 The Contractor shall include an Infectious Disease Exposure Prevention, Preparedness, and Response Plan as an addition to their overall APP to describe how the Contractor will implement the best practices issued by federal, state, and local authorities in order to prevent the spread of COVID and/or other infectious diseases.

7.2.2 Once accepted by the COR, the APP and all attachments will be enforced as part of the contract.

Disregarding provisions of this contract or the accepted APP is a cause for stopping of that portion of the work at the direction of the COR until the matter has been rectified.

7.2.3 A copy of the accepted APP must be accessible to all Contractor employees.

7.2.4 The Contractor shall provide on-going evaluations of the APP throughout the life of the contract.

When there are changes to the Contractor’s safety policies and procedures or changed work conditions or hazards, the Contractor shall update the APP and submit for re-review and acceptance by the COR.

7.3 Risk Management. A risk management assessment tool, such as an activity hazard analysis (AHA), shall be developed by the Contractor performing the work for each type of activity the Contractor will perform as part of the contract. The assessment shall identify the job steps, specific anticipated hazards, site conditions, equipment, materials, personnel, and the control measures to be implemented to control the hazards. These risk assessments shall be developed in accordance with EM 385-1-1 Section 1, or as specified by the Contracting Officer. The Contractor may use the AHA form in Appendix III to assist with completion of their risk assessments.

7.3.1 Work shall not begin until the assessments have been accepted by the COR.

7.3.2 Each employee performing work as part of an activity or task shall review the risk assessment for the activity and sign the signature log designated for the assessment prior to beginning work. A signature log shall be maintained for each risk assessment.

7.3.3 Personal Protective Equipment (PPE) is governed in all areas by the nature of work personnel are performing based on conducted hazard evaluations. AHAs shall detail the PPE to be used that will provide appropriate protection for the work to be performed when required. All PPE shall be provided by the Contractor and used and maintained in a sanitary and reliable condition whenever the hazard dictates use.

7.4 Implementation of a Safety and Occupational Health (SOH) Program. In lieu of appointing a Site Safety and Health Officer (SSHO) at each Exam Facility, the Contractor may appoint a Designated Representative (DR) to function as a collateral duty safety person, provided that an individual meeting the requirements of an SSHO as stated in EM 385-1-1 Section 1, Paragraph A.17 supervises the functioning of the DR. The DR shall perform safety programs and tasks as prescribed by the SSHO and report safety findings to the SSHO. A SSHO or DR shall always be on site when work is being done.

Note: Any activities that have a risk assessment code (RAC) of high or extremely high noted on an AHA a retracts the allowance to only have a DR and shall have an SSHO on site.

7.5 Mishap Reporting. A mishap is any unplanned, undesired event that occurs while work is being performed, to include accidents, incidents, and near misses. All mishaps occurring to Contractors or USACE LRP employees during the course of work required by this contract shall be reported to the Contracting Officer within 24-hours after notification from the affected employee(s). Contractors are responsible for maintaining an OSHA Log of Work- Related Injuries and Illnesses (Form 300) and complying with all reporting and recordkeeping requirements specified in 29 Code of Federal Regulations (CFR) 1904, as applicable.

8.0 SECURITY:

8.1 Security.

8.1.1 Pre-screen Candidates Using E-Verify Program. Contractors shall comply with the requirements set forth in FAR clause 52.222-54 Employment Eligibility Verification and FAR Subpart 22.18 in using the E-Verify Program at (https://www.e-verify.gov/) (website subject to change) to meet the contract employment eligibility requirements. Contractors are encouraged to cooperate with Federal and State agencies responsible for enforcing labor requirements to include eligibility for employment under United States immigration laws in accordance with FAR 22.102-1(i). An initial list of verified/ eligible candidates shall be provided to the COR no later than three business days after the initial contract award. When contracts are with individuals, the individuals will be required to complete a Form I-9, Employment Eligibility Verification, and submit it to the Contracting Officer to become part of the official contract file.

9.0 INSURANCE AND INDEMNITY:

Insurance shall be procured and maintained at the Contractor’s expense during the entire performance period of this contract.

9.1 This is a nonpersonal health care services contract, as defined in FAR 37.101, under which the Contractor is an independent contractor. The Government may evaluate the quality of professional administrative services provided, but retains no control over the medical, professional aspects of the services rendered (.e.g., professional judgments, diagnosis for specific medical treatment).

9.2 The Contractor shall indemnify the Government for any liability producing act or omission by the contractor, its employees and agents occurring during contract performance.

9.3 The Contractor shall maintain medical liability insurance, in a coverage amount acceptable to the contracting officer, which is not less than the amount normally prevailing within the local community for the medical specialty concerned. The Contractor must also ensure that its subcontractors for provisions of health care services contain the requirements of the clause at FAR 52.237-7, including the maintenance of medical liability insurance.

10.0 ADDITIONAL REQUIREMENTS:

10.1 Damage or Loss of Contractor Supplies or Property. The Contractor is responsible for taking the necessary actions to protect their materials, supplies, equipment, and property, to include that of any Contractor employees, from loss, damage, or theft. The Government assumes no responsibility for loss, theft, or damage.

10.2 Contract Employees’ Conduct and Competency. All Contractor employees shall conduct themselves in a proper and courteous manner at all times. Contractor employees shall not consume or be under the influence of alcohol or controlled substances while on duty.

10.2.1 Employee Dismissal. The Contractor expressly agrees to dismiss any employee whose continued employment is deemed by the COR to be incompetent, endangers persons or property, or whose physical or mental condition would impair their ability to satisfactorily perform the work. Notification to the Contractor will be promptly made in writing if time and circumstances permit. Otherwise, notification will be verbal and confirmed in writing as soon as possible. No removal shall reduce the Contractor’s obligation to perform all work required under this contract nor be the basis for time extension. Immediate replacement of any such employees shall be made.

10.2.2 Combatting Trafficking in Persons. The United States has adopted a zero-tolerance policy (i.e., Federal Acquisition Regulation (FAR) 22.17) regarding trafficking in persons. Contractors and Contractor employees shall not engage in severe forms of trafficking in persons, procure commercial sex acts, or use forced labor during the period of performance of the contract. The Contractor shall notify its employees of this policy and the actions that will be taken against employees for violation of this policy, to include, but not limited to, removal from the contract, reduction in benefits, or termination of employment. The Contractor shall take appropriate action, up and including termination, against employees or subcontractors that violate this policy.

10.3 Minimum Manpower Requirements. The Contractor is responsible for providing an adequate number of fully qualified personnel to perform the work specified herein.

10.4 Contract Discrepancy Report (CDR). A CDR will be issued to the Contractor for any failure to perform services. The CDR will describe the discrepancy or defect and will be discussed with the Contractor Representative when it is issued.

10.4.1 The Contractor’s written response on the CDR shall be provided within 24 hours of issuance and must include the following:

a. Identify the cause and corrective action taken.

b. Identify Contractor’s action to prevent recurrence.

10.4.2 The COR will evaluate the Contractor’s response and record the corrective action to be taken, which make include the KO making necessary deductions according to the QASP. Should the Contractor not concur with any decision or finding, the Contractor may so state, in writing, and request a final decision by the KO. Upon finalization of the CDR, the Contractor and the COR shall sign the form. The Contractor will be given a copy of the completed form.

10.4.3 The KO will review all issued CDRs.

10.4.4 CDRs will become part of the permanent contract file.

10.5 Meetings. Meetings will be scheduled as determined necessary by the KO or COR to discuss contract work items. Specific topics of discussion may include issuing Task Orders, inspections, quality control, performance evaluation meeting, or discrepancies or defects. Meetings will be of a method, place, and time mutually agreeable between the KO or COR and the Contractor or Contractor Representative.

10.6 Forms. All forms required by the Government to be used under this contract will be provided by the Government during the contract period. The Government reserves the right to modify or supersede these forms during the contract period.

10.7 Veterans Employment Emphasis for U.S. Army Corps of Engineers Contracts. In addition to complying with the requirements outlined in FAR Part 22.13, FAR Clause 52.222-35, FAR Clause 52.222-37, DFARS 222.13 and Department of Labor regulations, USACE Contractors and subcontractors at all tiers are encouraged to promote the training and employment of U.S. veterans while performing under a USACE contract. While no set-aside, evaluation preference, or incentive applies to the solicitation or performance under the resultant contract, USACE Contractors are encouraged to seek out highly qualified veterans to perform services under this contract. The following resources are available to assist USACE Contractors in their outreach efforts:

U.S. Department of Labor Veterans’ Employment and Training Service (VETS):

https://www.dol.gov/vets/

Federal Veteran Employment Information: https://www.fedshirevets.gov/

Veterans Opportunity to Work (VOW) Program: https://www.benefits.va.gov/vow/

Hiring Our Heroes: https://www.uschamberfoundation.org/hiring-our-heroes

10.8 Wage Determination Wage Rate Increase. In accordance with FAR 52.222-43 – Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contract), any request for an increase under this clause must be within the terms of the clause.

11.0 HELPFUL LINKS:

Federal Acquisition Regulation (FAR): https://www.acquisition.gov/content/regulations

Code of Federal Regulations: www.eCFR.gov

Corps of Engineers Safety and Health Requirements Manual, EM 385 1 1:

https://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

Department of Labor, Wage and Hour Division: https://www.dol.gov/whd/

OSHA: https://www.osha.gov/recordkeeping/forms

(End of Summary of Changes)