W9124J-19-R-0032_0002_28_AUG_2019.pdf

0011364247

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

The purpose of this amendment is to:

a) Provide Government responses to questions recieved in response to Solicitation W9124J-19-R-0032. This amendment also incorporates changes to the Solicitation as a result of those answ ers.

b) No extension of the closing date w as made w ith this amendment.

1. CONTRACT ID CODE PAGE OF PAGES

S 1 52

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

16C. DATE SIGNED

BY 28-Aug-2019

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

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

8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X W9124J19R0032

X 9B. DATED (SEE ITEM 11)

08-Aug-2019

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, 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 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

28-Aug-2019

CODE

MICC - FSH

ATTN: MICC - FSH

2205 INFANTRY POST RD

210-466-2145

FORT SAM HOUSTON TX 78234-1361

W9124J 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W9124J19R0032

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION A - SOLICITATION/CONTRACT FORM

The standard size code has changed from $15,000,000 to 16,500,000.00.

SECTION C - DESCRIPTIONS AND SPECIFICATIONS

The following have been modified:

STATEMENT OF WORK

PERFORMANCE WORK STATEMENT (PWS)

IMCOM G9, Army Community Service

Exceptional Family Member Program (EFMP)

Respite Care Services

1. GENERAL/SCOPE: The primary purpose of this contract is to provide a network of Exceptional Family

Member Program (EFMP) Respite Care Providers (RCPs) who will provide temporary rest periods for Family members responsible for regular care of persons with disabilities. Respite care (RC) may be provided in the recipient’s home, at a Child and Youth Services (CYSS) facility, or a similar facility approved by the

Contracting Officer (KO). Qualifying Families are eligible to receive 25 hours of EFMP RC monthly for each enrolled Exceptional Family Member (EFM).

EFMP RC may not be used to offset necessary full time child care so the sponsor or spouse may work or attend school or to do housework or related chores in or around the EFM residence.

The RCP may not provide transportation for appointments/errands.

EFMP RC is only intended for the eligible EFM. EFMP RC is not for the children of adult EFMs or for siblings of

EFM children.

1.1. BACKGROUND: The Installation Management Command, G-9, Army Community Service (ACS), has an ongoing mission requirement to provide temporary rest periods for Family members responsible for regular care of persons with severe disabilities or diagnoses. In accordance with DoDI 1342.22, Military

Family Readiness, EFMP RC may be provided as part of the overall Exceptional Family Member Program.

There are currently 64,000 family members enrolled in the Army’s EFMP. Approximately, 300 (.00468%) of the enrolled individuals qualify for RC Services. These EFMs have special needs that require special care considerations. Finding and paying for special needs services can present significant challenges to military

Families. Consequently, there is a need to maintain an Army-wide special needs RC program for Family members enrolled in the EFMP.

1.2. OBJECTIVE: The objective of the EFMP RC Program is to assist all Army components to include Army

National Guard (ARNG) and the United States Army Reserve (USAR) Families with locating, selecting, and paying fees for quality RC service to support eligible Family members with special needs. The government will provide RC for individuals who meet the eligibility criteria for CONUS, Alaska, Puerto Rico and Hawaii enrollment and who have a severe disability or diagnoses. The Contractor shall provide personnel who are trained/qualified to provide one-on-one EFM RC services in the EFM’s home and/or in a Child and Youth

Services (CYS) facility.

1.3. PERSONNEL: The Contractor shall ensure that the level of qualified RCPs and technical key personnel assigned to the contract will be maintained throughout the term of the contract IAW para. 1.13. and 1.14. below.

Any substitutions shall possess equal or better credentials as the original. The Contractor shall provide qualified

RCPs who will provide temporary rest periods for Family members responsible for regular care of individuals with special needs.

1.3.1. The Contractor shall: 1) Establish, oversee, and maintain a pool of qualified RCPs to deliver quality RC; 2)

Conduct pre-employment screening IAW with Army Directive (AD) 2014-23; 3) Ensure the RC service provided does not exceed 25 hours per month (if, for any reason, the Family does not use all of their allocated RC hours in a given month, the hours will not carry over to a future month); 4) Notify the COR of all customer complaints within one (1) business day of receipt of complaint. Coordinate with the COR, or the COR’s designee, to determine appropriate steps to resolve/mitigate all complaints to protect the health, safety and welfare of EFMs and take appropriate action IAW para. 5.4. herein.

1.3.2. It is the Contractor’s responsibility to ensure all RCPs are qualified to provide RC. The Contractor shall maintain a RCP file for each employee (Direct hires/those from HHC Agencies/Care Center) that includes proof that all mandatory requirements have been met. The Contractor shall provide appropriately trained personnel to ensure no interruption in service delivery when an employee is absent (vacation, sick leave, or turnover of personnel etc.) and other periods of emergency to ensure adequate coverage. No forms of therapy (e.g., Physical/Occupational, Applied Behavior Analysis (ABA), Music Therapy) are authorized to be performed during RC. EFM parents/legal guardians providing care for EFM, Family members (brother, sister, grandparents etc.) or friends that reside in the same residence as the RC recipient, are NOT authorized to serve as RCPs.

1.3.3. The Government and the Contractor shall understand and agree that the services to be delivered are non-personal services and both parties recognize and agree that no employer-employee relationships exist between the Government and the Contractor and/or between the Government and the

Contractor’s employees. Contactor personnel performing under this contract shall not be placed in a position where they are employed by a Federal Officer or are under the supervision, direction, or evaluation of a Federal

Officer, military or civilian.

1.3.4. Contractor personnel shall conform to standards of conduct and code of ethics, which are consistent with those applicable to Government employees as provided in the Joint Ethics Regulation DoD 5500.7-R.

1.3.5. Identification of Contractor Employees: All contract personnel providing RC Services shall be identifiable by wearing a name badge that identifies them as being a contractor and the Agency in which they are employed.

This badge shall be worn when providing RC, when attending meetings, and when working in other situations where their contractor status is not obvious to third parties. Contractors are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

1.3.6. Background Check Requirements for Respite Care Providers:

a. The Contractor shall:

(1) Ensure that each individual hired under the contract as a RCP has a favorable background check prior to being assigned to an EFM. Prior to hiring any individual, the Contractor shall inform all potential RCPs of the background check requirements and processes (that can take 120 days or more) to include the Contractor’s pre-employment screening prior to the U.S. Army’s background check being conducted. The Contractor’s pre-employment screening shall consist of:

(a) Review of application / resume;

(b) Personal interview;

(c) Reference checks (minimum of two past employer references);

(d) Assessment of individual’s eligibility, qualifications, temperament and suitability for work with disabled children/adults.

(e) A check of the State Child Abuse Registry by using www.nsopw.gov (for those states that authorize this check) and the National Sex Offenders Registry.

(2) Once all pre-employment screening requirements have been completed (the Contractor should not forward a request for background checks if pre-employment screening reveals mandatory/automatic disqualifying offenses [see below]), the Contractor will forward the completed “Pre-Employment” packet to the Installation EFMP Manager for processing (POC Listing of Installation EFMP Managers will be provided upon contract award). The Contractor will ensure all forms are complete and legible prior to submission. The packet shall contain*:

(a) IMCOM Worksheet 30A, Work Order Ticket Checklist

(b) IMCOM Form 30, Background Check Work Order Ticket (Sections III & IV completed);

(c) DD 2981, Basic Criminal History and Statement of Admission – (Department of Defense Child and Youth

(C&Y) Programs);

(d) OF 306, Declaration for Federal Employment;

(e) DA Release/Consent Statement;

(f) DA Form 5018-R, ADAPCP Client’s Consent Statement for Release of Treatment Information;

(g) IMCOM Worksheet 29, Child Services SCHR Residency Information Sheet;

(h) Current resume;

(i) 2 past employer references checks completed with documentation;

(j) Proof of citizenship (Birth Certificate, Certificate of Citizenship-INS, and Certificate of Naturalization, DS-1350, FS-545, or FS 240);

(k) Position Description/Summary of Duties.

(l) SF 85 (if requested for contractors who RSI Interpol Checks)

*Specific forms required and form numbers/versions may differ throughout duration of contract. The COR will ensure that the Contractor is provided with all current forms upon contract award and will provide any updates for required forms to process background checks.

b. Installation EFMP Managers will:

(1) Review the Pre-Employment packet for legibility and completeness and coordinate with Contractor’s

Program Manager (or POC designated by Contractor) to correct any deficiencies. Email the Contractor within three business days with instructions for the individual to initiate the National Background Investigation Bureau (NBIB)

Child Care Tier 1 with State Criminal History Repository Check (SCHR) (formerly called Child Care National Agency

Check and Inquiries (CNACI)) or Tier 1 with SCHR (or equivalent TIER investigation without SCHRs in combination with the SCHR Special Agreement checks) and Interpol checks (as required). The individual must complete Electronic

Questionnaires for Investigations Processing (e-QIP) system within 1-2 days of receiving e-QIP link for the TIER 1 investigation and respond to any corrections requested within 1 day. Contractor will ensure individual’s timely completion of fingerprinting at their nearest Army Installation. The Contractor will provide the instructions to the individual and direct immediate compliance (within 7 days after being notified by the EFMP Manager). (May need to have prints re-taken if prints are unclassifiable. If reprinting is required, individual should report for re-printing within

3 days of notification.) If the individual fails to comply with the instructions provided within three business days of when the EFMP Manager initially provided instructions to the Contractor, the EFMP Manager will inform the

Contractor during their regularly scheduled teleconference. If the individual fails again to respond to the instructions within 48 hours after the Contractor has been notified, the EFMP Manager will inform HQ IMCOM, G9, EFMP (via email) to request a “Unsuitable based on Noncompliance” notification for that employee to be issued to the Contractor.

(2) Receive the results of the Tier I w/SCHR, FBI Fingerprint Check and the IRC and process accordingly.

c. The notifications to the Contractor shall be processed as follows:

(1) Favorable Final Suitability Adjudication Background Check Verification Checklist. The EFMP

Manager will provide a copy of the Background Check Verification Checklist documenting the final suitability determination to the Contractor within three business days of receiving the results. This checklist will indicate the completion dates of the all prescreening documents, IRCs, FBI Fingerprint Check, and the Tier 1 with SCHR (or equivalent TIER investigation without SCHRs in combination with the SCHR Special Agreement checks) and Interpol checks (as required). This checklist will indicate the completion dates of the IRCs and FBI Fingerprint Check and will be used to track the five year reverification date for the individual’s background checks. The EFMP Manager will also provide a letter notifying the Contractor that the individual is CLEARED to provide care under the contract. This letter will be maintained by the EFMP Manager for two years following the termination of the individual’s services.

(2) Derogatory Information – If the background checks and/or investigation reveal derogatory information, the

Contractor will be notified if the Department of the Army G-1 Consolidated Services Suitability Cell (CSSC) requires additional information or there is a mandatory disqualifier. Requests for additional information from the CSSC must be responded to within a timely manner (not longer than 10 days). (**Note** The actual background check results are property of the U.S. government and will not be released to the Contractor or anyone else to include the individual).

Individuals may be required to provide further information to the CSSC to receive a final adjudication. Individuals with any type of derogatory findings or discrepancies will not be authorized to work under this contract until a final favorable adjudication determination is made by the CSSC. At any time, the Contractor may elect not to proceed with the adjudication process and dismiss the individual from working under this contract. The Contractor can also elect to proceed with the adjudication process and await final adjudication. Once final adjudication has been made by the

CSSC, the EFMP Manager will provide a letter notifying the Contractor of the individual’s status of “suitable” or “unsuitable”. This suitability letter will be maintained by the COTR for two years following the termination of the individual’s services. All documentation forwarded to the Contractor in regards to background checks/investigations and the suitability determination shall be placed into the individual’s file maintained by the Contractor.

d. Background Check Reverification Requirements: All RCPs are required to reverify IRCs, and FBI

Fingerprint Checks annually, and SCHR Special Agreement Checks every five years. The background checks will expire 5 years from the date of the earliest returned background check document. RCPs will not be authorized to provide services under this contract if any portion of their background checks have expired. If derogatory information surfaces during reverification that could put children at risk the individual should be removed from contact with children until case is adjudicated and individual found suitable for continued employment. Contractor will maintain tracker of when reverification is due for all RCPs and will submit, to the EFMP Manager, the following reverification paperwork not later than 90 days prior to expiration:

(1) IMCOM Worksheet 30A, Work Order Ticket Checklist

(2) IMCOM Form 30, Background Check Work Order Ticket (Sections III & IV completed);

(3) DA Release/Consent Statement (Replaces IMCOM Form 23, Background Check Consent);

(4) DA Form 5018-R, ADAPCP Client’s Consent Statement for Release of Treatment Information;

(5) IMCOM Worksheet 29, Child Services SCHR Residency Information Sheet.

(6) SF 85 (if requested for contractors who RSI Interpol Checks)

e. Mandatory / Automatic Disqualification. No person, regardless of circumstances, will be approved to provide services under this contract if the individual has been convicted in either a civilian or military court (to include any general, special or summary court-martial conviction) or received non-judicial punishment under Article 15 of the

Uniform Code of Military Justice, of a sexual offense, a drug felony, or any criminal offense involving a child victim.

Additionally, an individual that has been held to be negligent in a civil adjudication or administrative proceeding concerning the death or serious injury to a child or dependent person entrusted to the individual’s care, is not eligible to provide care under this contract. Army Directive 2014-23 and DoDI 1402.05 provide detailed information regarding criteria for mandatory disqualification and criteria for presumptive disqualification.

1.4 . PERIOD OF PERFORMANCE: The Period of Performance is as follows: The period of performance will consist of 12 month base period and four (4) 12 month option periods.

1.4.1. Phase In Period and Start Up Support. Respite Care Services are currently provided under a

Nonappropriated Funds (NAF) contract. The services provided under this contract are vital and must be continued with minimal or no interruption. The successor Contractor will receive transition support from the incumbent

Contractor and ACS. Current enrolled EFMs shall gradually transition to the new Contractor. Newly enrolled EFMs shall be supported by the new Contractor only. Full transition shall be completed within sixty (60) days of award.

The successor Contractor shall make every reasonable attempt to keep current enrolled EFMs with their preferred provider. EFMs enrollment data will be provided upon award.

1.5. GENERAL INFORMATION:

1.5.1. Contract Work Location. The Contractor shall perform duties within CONUS, Alaska, Puerto Rio and Hawaii.

1.5.2. Identification of Privacy Act. This contract requires a system of records in accordance with the Privacy

Act of 1974.

1.5.2.1. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities or personal information pertaining to military

Families (receiving RC service or not). Such action(s) could result in violation of the contract and possible legal actions.

1.5.2.2. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the COR and the KO.

1.5.2.3. The Contractor shall only conduct business with designated government personnel listed as the KO, or

COR(s). Names of authorized personnel shall be provided to the Contractor by the government, in writing, and updated as necessary throughout the contract period.

1.5.2.4. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S.

Government. These files/results shall be surrendered to the COR or KO during the quarterly Quality Assurance

Evaluation (QAE) inspections and at the end cycle of the contract.

1.5.2.5. The Contractor shall be responsible for safeguarding all government equipment, information and property provided for the Contractor use during the duration of the contract. At the close of each work period, government facilities, equipment and materials shall be secured.

1.5.2.6. The Contractor shall meet all applicable requirements of DoD and Army Regulations, Federal, State, and local governments’ codes regarding operation of this type of service.

1.6. PHYSICAL REQUIREMENTS AND WORK ENVIRONMENT: The work is primarily performed in a residential setting, CYSS facility or a facility approved by the KO. An RCP must be able to lift a minimum of

40lbs. The Contractor shall be responsible for ensuring their employees are familiar with and follow normal safety precautions typical in home care.

1.7. TRAVEL: Travel reimbursement is NOT authorized for RCPs traveling to and from the EFM’s home. The only exception to this is where there are no RCPs to provide RC for an EFM in the local area. In such cases, upon approval from the KO (or COR if delegated by the KO), mileage reimbursement may be paid to an RCP to travel to provide care for an EFM. The compensation for mileage will be IAW the Joint Travel

Regulations (JTR). Contractor’s travel to the IMCOM G9 office in San Antonio will be required each quarter. The

Contractor shall be reimbursed for travel made in connection with the performance of this contract, including commercial transportation, per diem, lodging, incidental expenses and car rental in accordance with the current terms and conditions of the JTR. The Contractor will be reimbursed IAW the JTR to the same extent as would a government employee on official travel. The Contractor is responsible for making all travel arrangements.

Commercial transportation will be at the restricted fare rate. The Contractor will be reimbursed for restricted fare tickets that are unusable or for administrative surcharges imposed by the airlines to change restricted fare tickets when required due to Fund-imposed delivery schedule changes or cancellations.

1.8. OTHER DIRECT COSTS: This category includes printing, shipping expenses and direct mailing costs.

1.9. QUALITY CONTROL/QUALITY ASSURANCE:

1.9.1. Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The

Contractor’s Quality Control Plan (QCP) is the means by which he assures himself that his work complies with the requirements of the contract. The QCP shall be delivered to the COR for delivery to the KO within 30 days of contract award. In the event revisions are required the Contractor shall return the revised QCP within five (5) working days of receipt of notification to revise. After acceptance of the QCP, the Contractor shall receive the KO’s acceptance in writing of any proposed change to his QC system. The Contractor shall provide the COR a monthly report due the first business day of each month outlining records of inspections, noted discrepancies and the corrective measures taken to prevent future reoccurrences. The Contractor shall update the QCP as required and provide copies to the KO and COR.

1.9.2. Quality Assurance: The government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the

Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.10. HOURS AND DAYS OF OPERATION: The Contractor shall provide program support during normal office hours. The Contractor’s core operational hours are 0700-1700 Central Standard Time (CST). Support shall be provided via phone, email, or in-person. During after-hours an automated answering service shall be available and the Contractor shall respond to messages within 24 hours. The Contractor shall have an emergency response plan in place for Families and RCPs to call with an emergency after normal duty hours (ensure notification of the local Installation Family Advocacy

Program (FAP)) for purposes of addressing neglect and or abuse concerns. (POC Listing of Installation FAP

Managers will be provided upon contract award.)

RC services shall be available seven days a week to include evenings however, no overnight services are authorized. Provider’s services shall be performed during the hours agreed upon between the RCP and the Family receiving the services. No services will be provided after 2400 hours or before 0600 hrs. The Contractor shall accommodate parental requests for desired hours of care. Contractor is not required to perform RC services on

Federal government holidays.

List of recognized Federal Government holidays are as follow:

New Year’s Day Martin Luther King Jr.Day

Presidents Day Memorial Day

Independence Day Labor Day

Columbus Day Veterans Day

Thanksgiving Day Christmas Day

1.10.1. Emergency Requests for Respite Care: RC is not designed to accommodate emergency requests for care.

Care shall be coordinated and scheduled in advance to support the Soldier’s/Family member’s request for service.

Requests for care outside of the prearranged schedule must be approved by the KO. Services provided must be directly related to the client’s need and are not for the convenience of other members of the household or the RCP.

Overtime hours are normally required to respond to emergencies.

1.11. CONTRACTING OFFICER’S REPRESENTATIVE (COR): The Government will provide a COR who will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance;

maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor

Contractor's performance and notify both the KO and Contractor of any deficiencies; coordinate availability of government furnished property and facilitate site entry of Contractor personnel. A letter of designation issued to the

COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.12. POST AWARD CONFERENCE: The Contractor shall attend all post award conferences convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart

42.5. The purpose of this meeting is to discuss IMCOM’s expectations, contractual administrative procedures and processes, and to discuss contract tasks and the transition plan. IAW AR 70-13, para 4-4,b.(1) The COR will maintain an official working file in accordance with DFARS Procedures, Guidance, and Information (PGI) 201.6.

The contracting office will hold periodic status or progress meetings with the contracting officer, the COR, the contractor, and other personnel as necessary (at least quarterly) to discuss problems, progress of the contract, and contractor performance. The CORs must ensure that they receive copies of written minutes and other correspondence related to these meetings, including follow-up actions. The Contractor shall identify a single authorized point of contact, in writing, to interface with the COR, as well as two (2) authorized alternates. This meeting shall be at no additional cost to the government. The Government will prepare and distribute a signed report of the meeting to attendees within five (5) working days after the meeting. The Contractor shall annotate any area of non-concurrence, and submit a written explanation of the reason for its non-concurrence to the Contracting Officer no later than 3 working days after receipt of the report.

1.13 KEY PERSONNEL: The table below identifies Key Personnel required to perform this contract. The

Contractor shall provide complete resumes for key personnel and proposed substitutes including any additional information requested by the KO. The Contractor shall notify the KO in writing if any replacements for key personnel and provide the replacement name(s) and telephone number(s) within 14 calendar days. The KO will notify the Contractor within fourteen (14) calendar days after receipt of all required information to approve the key personnel replacements. The Government must review all key personnel resumes to ensure they meet the qualifications listed in the table below. The Program Manager or Alternate Program Manager upon Government approval must be able to attend in-person meetings at IMCOM Headquarters in San Antonio, TX. The Program

Manager or Alternate Program Manager may be required to attend meetings at IMCOM, on short notice. The

Program Manager or Alternate Program Manager shall be available between 0700 and 1700 EST, Monday thru

Friday except Federal holidays. The PM or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. All key personnel must have at least a bachelor’s degree from an accredited college or university with exception of the Administrative Assistant who requires one year of post-secondary education or Senior Professional Human Resources (SPHR) certification and the Program Manager.

Degree must be recognized by either the Council for Higher Education Accreditation or the U.S. Department of

Education. Higher education (i.e., a master’s degree) is not a substitute for work experience. The PM will have a

Master’s Degree in Mental Health Counseling, Health Care Administration, Psychology, or other healthcare related field. The PM will have a minimum of eight years of healthcare management. Experience as a healthcare administrator or provider managing healthcare programs. The PM will have excellent written and verbal communication skills.

Key

Personnel

Education Experience with Respite

Care

Experience working with

Army Families

Case

Management

Experience

Respite Care

Training

Program

Manager

MA – Mental

Health

Counseling/

Healthcare

Administration/

Psychology/ or other

Healthcare related field.

3-5 Years of experience providing similar support services and

Program

Admiration

3-5 Years

(within 5 years of date of solicitation) working with

Military

Families and

Army Programs

3-5 years(within 5 years of date of solicitation) of case management with special needs and/or behavioral health clients

Must have completed training on providing respite care.

Key

Personnel

Education Experience with Respite

Care

Experience working with

Army Families

Case

Management

Experience

Respite Care

Training

Alternate

Program

Manager

Minimum

Bachelor’s

Degree in

Education, Special Needs

Education, or

Nursing.

Minimum Five

(5) years

(within 5 years of date of solicitation) working on similar support services contract

Minimum Four

(4) years managing

Respite Care

Contract

3-5 years(within 5 years of date of solicitation of

Respite Care Case

Management

Minimum

Three (3)

Years providing in-home Respite

Care

Admin.

Assistant

Minimum One

(1) year post-secondary education or

SPHR

certification

Minimum

Three (3) years working on similar support services contract

Minimum One

(1) year working with

Army Programs

Regional

Coordinat or x3 degree in business administration or related field

Minimum

Three (3) years working on similar support services contract

Minimum

Three (3) years working with

Army Programs

Minimum Three

(3) years working distance managing employees

Minimum

Three (3) years working approving payroll

Recruiter

Degree in HR or related field

Minimum

Three (3) years sourcing professional candidates that require credentialing

Level III and IV

RCPs

*Experience shall be within five years of date of solicitation

1.13. KEY QUALIFICATIONS of RCPs: RCPs must meet experience and educational requirements as prescribed herein. The Contractor shall determine and document the maximum care level a RCP can provide based on his/her experience and education:

Level III Providers will have a minimum of two years of employment experience working with children/youth in child care settings or with children/youth/adults with special needs. An associates or bachelor’s degree in nursing, early childhood education, special education, elementary education, or relevant field of study may be substituted for the required two years of employment experience.

Certification as a Certified Nursing Assistant (CNA) with a minimum of one year relevant experience post certification may be substituted for the required 2 years of employment experience. Certification as a Licensed

Practical Nurse (LPN) or Registered Nurse (RN) may be substituted for the required two years of employment experience.

Level IV Providers will have a minimum of two years of employment experience working with children/youth/adults with special needs. A bachelor’s degree in nursing, early childhood education, special education, elementary education, or relevant field of study may be substituted for the required two years of employment experience. Certification as a Certified Nursing Assistant (CNA) with a minimum of one year relevant experience post certification may be substituted for the required two years of employment experience. Certification as a Licensed Practical Nurse (LPN) or Registered Nurse (RN) may be substituted for the required two years of employment experience.

The Contractor shall ensure RCPs have all required professional certifications/licenses (current and valid for the state where services are provided).

Additionally, all RCPs:

a. Must be at least 18 years old and in good physical and emotional health;

b. Must have a different physical residential address than the EFM;

c. Must have favorable background checks (IRC, FBI Fingerprint Check and CNACI);

(1) Must successfully pass all security requirements for accessing a U.S. Army installation;

(2) Must possess a favorable Child Abuse Registry check (meaning the provider is not registered in that database for crimes against children);

(3) Must possess a favorable Sex Offender Registry check (meaning the provider is not registered in that database for a sex crime);

d. Successfully pass a Tuberculosis (TB Tine) test annually. If the test results are positive for Tuberculosis, the appropriate documentation must be shown to include a treatment plan provided by a physician and kept in the Provider’s file. The cost of the Tuberculosis test is NOT a reimbursable cost under this contract;

e. Must possess a current Cardio-pulmonary Resuscitation (CPR) certificate. The standard practice for CPR and First Aid Certification is utilization of the American Heart Association or American Red Cross guidelines.

Certificates must use the “hands-on” classroom method to be acceptable. (**NOTE** Online class certifications do not meet the competency intent). Basic life support and First Aid certificates are preferred but not mandatory.

Certifications are NOT reimbursable costs under this contract. A current CPR certificate must be kept on file for each RCP. The Contractor shall develop a process to verify ongoing eligibility of participating RCPs.

f. Other Knowledge, Skills, and Abilities:

(1) Respite Care Level III: A RCP at Level III shall provide assistance with daily living skills such as bathing, feeding, toileting, lifting/positioning and dressing, as well as ensure the safety of the client with special needs as described by the EFM’s Family needs assessment. Respite care at this level is for EFMs who have significant medical conditions that require coordination of care by health care providers, ancillary services, or others in order to sustain a reasonable level of health. Conditions at this level of care include, but are not limited to, recurrent, unstable seizure activity that requires close monitoring for safety, uncontrolled, unstable insulin dependent diabetes in an individual, regardless of age, or a newly diagnosed insulin dependent diabetes in a child under five years of age, significantly advanced multiple sclerosis with ambulation and safety needs, and those who need special assistance with food intake via a feeding tube.

(2) Respite Care Level IV: A RCP at Level IV shall perform all duties of the Care Provider at Level III and is able to provide care for conditions such as, but not limited to, severe continuous seizure activity, tube feedings via a feeding pump, suctioning of tracheotomy with suction equipment, monitoring of home apnea monitor and home ventilator and conditions which require extensive family involvement in care giving.

(3) RCPs must have the ability to relate to special needs clients and communicate professionally with the

Family and the individuals receiving care. They must have the ability to assist clients with basic living skills as necessary. These skills shall include, but are not limited to, dressing, feeding to include feeding EFM using eating apparatuses such as feeding tubes (e.g., Nasogastric (NG) Tubes, Percutaneous Endoscopic Gastrostomy (PEG)

Tubes and Percutaneous Endoscopic Jejunostomy (PEJ) Tubes), toileting and bathing. RCPs who are assigned to provide services to EFMs that require specialized care such as feeding tubes or suctioning MUST have the skill set and/or already be trained and ready to perform those services by the Contractor or other relevant employment experience or education. The EFM Family will demonstrate to the RCP how to use the specific equipment that that EFM uses. If the Contractor requires that the RCP receive additional training on any particular equipment, technique, or medication administration, to include, but not limited to, feeding tubes, suctioning, etc., the Contractor shall be responsible for providing such training to the RCP at no expense to the Government. RCPs must have the ability to prepare, heat and serve light premade meals for the EFM’s consumption when required. RCPs must be able to administer prescribed medication to EFM when required (parent will provide medication prescribed by a physician). The medication must possess a typed prescription label with administering directions from a pharmacy written in the English language. The Soldier/spouse or guardian will provide instructions on administering medication to the EFM. RCPs will document all medications given to the

EFM. Documentation of medication administered will consist of date/time/amount of medication given.

(4) RCPs must have the ability to use sound judgment and find creative solutions to behavioral difficulties of clients. They must be able to stand, sit, bend, and lift for an extended periods of time.

They must be able to work in stressful environments including working with clients with behavioral disorders or individuals who may have difficulty communicating basic needs. RCPs must have the ability to read and understand basic care instructions in English to operate necessary equipment after receiving training from the Family. The

Contractor shall ensure that all employees present a professional appearance that is appropriate for their position and be easily identified by wearing an appropriate badge that contains the company name and employee’s name. All personnel performing work under this contract shall have a photo identification or other suitable identification that can be provided to the client upon request. All RCPs employed by Subcontractors shall meet the same requirements as described above.

1.14. DATA RIGHTS: The Government has unlimited rights to all documents/material produced under this contract. These documents and materials shall not be used or sold by the Contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.15. FILES: The Contractor shall maintain complete and accurate files of documentation, records, and reports required under the terms of this contract, IAW AR 25-400-2, The Army Records Information Management System.

The Contractor shall not allow access to the files by any Government agency, non- Governmental agency, or individual unless specifically authorized by the KO. Files shall be made available to the KO or designated representative upon request. The Contractor shall safeguard information of a confidential or sensitive nature (i.e.

containing personal data protected by the Federal Privacy Act of 1974). Information related to services being provided to any person shall not be disclosed to any other person who is not entitled to receive it. Failure to safeguard any privileged information to which the Contractor has access may subject the Contractor to criminal liability. The Contractor shall not disclose, or cause to be disseminated, any sensitive/confidential information in breach of the Federal Privacy Act of 1974. Freedom of Information Act requests, Privacy Act requests and

Congressional inquiries shall be forwarded to the COR. All confidential or sensitive information shall have double locked security.

1.16. PHASE IN/PHASE OUT PERIOD: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the ninety (90) day phase in/phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date. During the phase out period the Contractor shall provide training and assistance to the new Contractor. The Contractor shall offer those

RCPs (skill level III and IV) employed under the predecessor contract, whose employment will be otherwise terminated as a result of the award to a successor contract, a right of first refusal of employment under the successor contract in positions for which they are qualified.

1.18. ORGANIZATIONAL CONFLICT OF INTEREST. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI). The

Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.18.1 Organizational Conflict of Interest Specifics:

a. Purpose. The primary purpose of this clause is to aid in ensuring that:

(1) The Contractor does not obtain an unfair competitive advantage by establishing the ground rules for a future competition;

(2) The Contractor's objectivity and judgment are not biased because of its present or future interests (financial, contractual, organizational, or otherwise) which relate to work performed under this contract; and

(3) The Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public or proprietary information belonging to others.

b. Definitions.

(1) The term “Contractor” herein used means: (a) the organization (hereinafter referred to as "it" or "its") entering into this agreement with the Government; (b) all business organizations with which it may merge, join or affiliate now or in the future and in any manner whatsoever, or which hold or may obtain, by purchase or otherwise, direct or indirect control of it; (c) its parent organization if any and any of its present or future subsidiaries, associates, affiliates, or holding companies, and; (d) any organization or enterprise over which it has direct or indirect control now or in the future.

(2) The term "proprietary information" for purposes of this clause means any information considered so valuable by its owners that it is held secret by them and their licensees. Information furnished voluntarily by the owner without limitations on its use, or which is available without restrictions from other sources, is not considered proprietary.

c. Organizational Conflicts of Interest Examples. The following examples illustrate situations in which organizational conflicts of interest may arise. These examples are not all inclusive.

(1) Biased Ground Rules. This type of conflict may arise in situations where a company sets the ground rules for a future competition. For example, when a Contractor develops requirements then competes to provide products or services to satisfy those requirements, thus obtaining a competitive advantage.

(2) Impaired Objectivity. This type of conflict may exist where a Contractor’s obligations under a contract require objectivity, but another role of the Contractor casts doubt on its ability to be truly objective. An example of this type of conflict is where a Contractor’s work under one contract entails evaluating itself, its affiliates, or its competitors under a separate contract.

(3) Unequal Access to Information. This type of conflict may arise when a Contractor has access to nonpublic or proprietary information as part of its performance under a contract that gives it an unfair advantage in a competition for a later contract.

d. General Constraints. The provisions of FAR Subpart 9.5, Organizational and Consultant Conflicts of Interest, concerning organizational conflicts of interest govern this contract. Potential conflicts may exist in accordance with

FAR 9.505-1, Providing Systems Engineering and Technical Direction, through 9.505-4, Obtaining Access to

Proprietary Information. In this regard, the Contractor is responsible for identifying any actual or potential organizational conflicts of interest to the Contracting Officer that arise as the result of performance under this contract.

To avoid or mitigate a potential conflict related to performance under this contract, the Contracting Officer will impose appropriate constraints such as the constraints discussed below. Since it is impossible to foresee all of the circumstances that might give rise to organizational conflicts of interest, the constraints discussed below are not all inclusive and the Contracting Officer may impose constraints other than, or in addition to, the constraints listed below.

(1) The Contractor agrees that if it provides, under a contract or task order or delivery order, systems engineering and technical guidance for systems and programs, but does not have overall contractual responsibility, it will not be allowed to be awarded a contract or task or delivery order to supply the system or any of its major components or be a

Subcontractor or consultant to a supplier of the system or any of its major components

(2) The Contractor agrees that if it prepares complete specifications for non-developmental items or assists in the preparation of work statements for a system or services under a contract or task order or delivery order, it shall not be allowed to furnish these items, either as a prime Contractor, a Subcontractor or as a consultant.

(3) The Contractor agrees that it shall neither evaluate nor advise the Government with regard to its own products or activities. The Contractor shall objectively evaluate or advise the Government concerning products or activities of any prospective competitors.

(4) The Contractor agrees that if…