W91YTZ-16-R-0004_AMENDMENT_1.docx

W91YTZ-16-R-0004

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

CREATIVE ART THERAPIST (NICoE/TBI)

WOMACK ARMY MEDICAL CENTER, FORT BRAGG, NC

1. GENERAL

1.1. Scope of Work. The Contractor shall provide the services of Creative Art Therapist to the US Army Medical Treatment Facility (MTF) at Womack Army Medical Center , Fort Bragg, NC and outlying MTFs. The provider shall provide services to eligible beneficiaries of the military health care system who present themselves to the Medical Treatment Facility [MTF] for treatment. The quality of care provided by the Contractor shall be of a quality meeting or exceeding currently recognized national standards as established by the Joint Commission (JC), American Hospital Association (AHA), American Medical Association (AMA), Department of Defense, and Army Medical Department, and established principles and ethics of the medical profession. The contract employee shall provide services in conjunction with other non-contract providers to include medical officers, nurse practitioners, and para-professional clinical personnel. Contract employees shall give the highest regard to patient dignity and observe the precepts of the American Hospital Association’s Bill of Rights for Patients. The contract employee shall abide by MTF rules, regulations and by laws, including Medical Staff By laws, as well as applicable Army regulations governing such things as medical records.

1.1.1. This contract is a personal services contract and is intended to create an employer-employee relationship between the Government and the individual contract health care providers only to the extent necessary for providing the healthcare services required under this contract.. The contract does not create an employer-employee relationship between the Government and any corporation, partnership, business association or other party or legal entity with which the contract health care provider may be associated. The performance of the healthcare services by the individual HCPs under a personal services contract are subject to the day-to-day supervision, clinical oversight, and control by healthcare facility personnel comparable to that exercised over military and civil service HCPs engaged in comparable healthcare services. The government will evaluate the quality of professional and administrative services provided, and retain control over the medical and professional aspects of services rendered (e.g., professional judgments, diagnosis for specific medical treatment). The Government designated official is the Chief, Department of Brain Injury Medicine, or his designated representative. The authority for this contract is 10 United Stated Code 1089 and 10 United States Code 1091.

1.1.1.1. PROFESSIONAL LIABILITY.

1.1.1.1.1. Pursuant to 10 USC 1089(a), DoD shall process any personal injury claim alleging negligence by the Health Care Provider (HCP) within the scope of the HCP’s performance under this contract as claims alleging negligence by DoD military or civil service HCP. The Contractor or HCP is not required to maintain medical malpractice liability insurance and the Government will not reimburse or otherwise pay for such insurance should any be purchased.

1.1.1.1.2. Responsibility and Procedures.

1.1.1.1.2.1. If any suit or action is filed or any claim is made against the contract HCP, which occurred as a result of work performed by the HCP under this contract, the HCP shall immediately notify the Contractor, the Contracting Officer and the Chief of the appropriate services and promptly furnish them copies of all pertinent documents received.

1.1.1.1.1.2. The Contractor and contract HCP shall cooperate with the government, without further compensation, in the processing, review, settlement, or defense of the suit, action, or claim; and authorize government representatives to settle or defend the claim and to represent the HCP in, or take charge of, any litigation involved in such an action. The contract HCP may, at the contract HCP’s own expense, participate in defense of such claim or litigation.

1.1.2. Performance Measures.

1.1.2.1. Outcome. The Contractor shall provide qualified personnel who shall provide care at a standard enabling the MTF to provide services at a high level of quality.

1.1.2.2. Standards. Acceptable measures include:

1.1.2.2.1. Full compliance with security measures 100% of the time.

1.1.2.2.2. Staffing Stability. No more than 2 per year.

1.1.2.2.3. Substantiated Patient Complaints. No more than 2 per provider.

1.1.2.2.4. Substantiated Staff Complaints. No more than 2 per provider.

1.1.2.2.5. Charting. Complete charting IAW with regulatory guidance. Complete charting IAW with regulatory guidance. All encounters charting will be completed within 72 hours from encounter. Records should include sufficient documentation to identify the patient, support the diagnosis, and justify treatment..

1.1.2.2.6. Possesses the ability to use automation to enter/check a minimum average of 60 orders per hour with no more than 2 errors per day, 4 errors per month, and no more than 24 failures to perform at this level during the one year rating period.

1.1.2.2.7 Possesses the ability to see 6-8 patients per day, 30 to 40 per week.

1.1.2.2.8. Other performance evaluation factors will be monitored that are not quantified by numerical measurements which include: complying with improvement initiatives, Contractor providing personnel exceeding the minimum qualification standards; patient customer service comments; provider and Contractor relationship with hospital staff/government contracting personnel; compliance with hospital policy and procedures; complete documentation in patient records of prescriptions or orders filled or checked; appropriate counseling of patients; timely patient follow-up when necessary; timely submission by Contractor of required reports and documentation. Timeliness in reporting for duty is of utmost importance and employee should be in their place of duty and ready to perform daily tasks at the start of the shift. A percentage greater than 2% in tardiness is considered failure in this standard.

1.1.2.3. How Measured. Department/section supervisory personnel will monitor provider performance through government information systems and records, patient records, peer review, customer service information, Contractor reports, and time sheets. The HCPs work will be monitored the same as other military and government providers with respect to hospital and department quality improvement processes.

1.2. QUALIFICATIONS

1.2.1. Personal services: All contractor personnel shall meet the education, licensing and experience requirements as described in this Performance Work Statement (PWS).

1.2.1.1. All contract HCPs shall be able to read, write, and speak English well enough to effectively communicate with patients, other Health Care Providers and employees of the MTF.

1.2.1.2. All contract HCPs shall be required to meet Continuing Medical Education (CME) requirements.

The Government will not reimburse for these costs. The COR may approve contractor HCPs to attend MTF CME classes on a space available basis provided it does not interfere with the work schedule. Attending MTF CME classes shall be done on the contract HCPs own time.

1.2.1.3. The Contractor shall ensure contract HCPs have received Occupational Safety and Health Administration (OSHA) required training for the position in which they will perform, and that training is maintained current. Documentation of such training shall be provided to the Contracting Officer’s Representative (COR).

1.2.1.4. Contractor(s) will (1) actively participate in the site’s safety and health management system and comply with OSHA standards; and (2) report all workplace hazards, accidents and near-miss events to the supervisor and Medical Department Activity Safety Manager.

1.2.1.5. Must be a U.S. citizen.

1.2.1.6. Certification/Recertification: All certification required elsewhere in this performance work statement shall remain current during the life of the contract.

1.2.2. PROFESSIONAL QUALIFICATIONS. Contract employee shall have the following qualifications/documentation:

1.2.2.1. Be a graduate of a Master Degree in Art Therapy from a school of Art Therapy accredited by the American Art Therapy Association (AATA).

1.2.2.2. Possess and maintain certifications as a Registered Art Therapist (ATR), or current /pending registration from the Art Therapy Credentials Board (ATCB).

1.2.2.3. All Contractor HCPs shall have, and maintain, current certification in Basic Cardiac Life Support (BCLS) as certified by the American Heart Association. Documentation of such training shall be provided to the Credentialing Department. The front and back of the BCLS shall be provided to the Credentialing Department. The Contractor shall be responsible for obtaining and maintaining re-certification.

1.2.2.4. Have a minimum one year of clinical experience as a Registered Creative Art Therapist.

1.2.2.5. Contract HCPs determined by the MTF to be involved in the delivery of healthcare to children under the age of 18 on a frequent and regular basis must meet the requirements of the Crime Prevention Act of 1990.

1.2.2.6 Knowledge/experience working with patients and families with TBI/PH issues is desirable. Knowledge/experience with research procedures and protocols, grants procedures, and biostatistics is desirable.

1.2.2.7 Established communication, customer service and support skills.

1.3. ADMINISTRATIVE.

1.3.1. The Contractor shall designate a Contractor Representative (CR) be available 24/7. The CR shall meet with the COR when requested to discuss and resolve problems involving contract staff. Unresolved problems will be referred to the Contracting Officer for resolution. At least ten calendar days prior to contract performance, the Contractor will designate in writing to the Contracting Officer the name and telephone number of an individual to act as the CR. The CR shall responsible for the overall management and coordination of the contract with the Contracting Officer and the COR at the MTF. The Contractor shall include in the designation letter any limitations on the representative’s authority to bind the Contractor to changes and/or adjustments in the contract. The Contractor shall notify the Contracting Officer in writing of any change in the Contractor’s representative name and phone number.

1.3.2 IDENTIFICATION OF PRIVACY ACT. This contract requires the development of a system of records in accordance with the Privacy Act of 1974.

1.3.3. PERSONAL APPEARANCE

1.3.3.1. Contract employees shall wear appropriate attire as to dresses, pants or slacks, shirts or blouses with collar and sleeves. All outer clothing shall be clean, well fitting and fresh each day. Tank tops, cut-off pants or similar items of apparel are strictly prohibited

1.3.3.2. Shoes shall cover the foot to meet sanitation and safety requirements. Open toed shoes, sandals, or shower shoes are prohibited.

1.3.3.3. Fingernails shall be clean and not extend one quarter of an inch beyond the flesh tips. No artificial nails or extensions.

1.3.3.4. Hair shall be neatly groomed. The length and bulk of hair shall not be unkempt or of extreme appearance.

1.3.4. ORIENTATION AND TRAINING

1.3.4.1.Prior to providing services, the contract HCPs will be given a Government sponsored orientation to familiarize the contract HCPs with the policies and procedures of the MTF. Orientation attendance will be required of all contract HCPs and will be scheduled by the COR or the department chief during the HCPs normal duty hours.

1.3.4.2.The Contractor shall ensure contract HCPs are knowledgeable of the policies and procedures of their specific place of duty and of the medical activity. The Contractor shall ensure contract HCPs receive all staff training required by the MTF as a precondition/condition to performance. Such training may include instruction on automation processing, quality assurance policies and local in-service and safety briefing. This training shall be conducted during the scheduled shift of the contract HCP.

1.3.4.3. Government Unique Training. The Government may elect to provide government training to contract HCP’s who are performing services under this contract. If the government elects to provide such training, the government will provide such training at no additional expense to the Contractor or to the contract HCP. When directed by the contracting officer, contract HCP’s shall attend all such training in a paid status as part of the normal service required and billed under the contract. Such training shall require a performance commitment by the Contractor and the Contractor shall reimburse the government (by means of a reduction in an invoice) if a contract HCP fails to satisfy the performance commitment after the contract HCP receives the unique government training. The amount of the reimbursement shall be the prorated cost of training, calculated based on the total cost of the training and the number of months by which the contract HCP fails to complete the performance commitment. The length of the performance commitment shall be 12 months or until the end of all performance under the contract, whichever occurs first.

1.3.4.3.1. The government shall reimburse the contractor for authorized travel required to meet government needs in accordance with the terms and conditions of this contract. Although the Joint Travel Regulation (JTR) is not applicable to contractor travel, the not-to-exceed (NTE) travel limitations identified in the JTR shall be used as a limitation cost ceiling which the government will not exceed for contractor reimbursed travel expenses. The Contractor shall establish an administrative system that will manage the reimbursements for travel and shall invoice the government for actual travel costs incurred and shall not exceed the JTR limitations. The request for reimbursement (invoice) shall include backup documentation to support expenses incurred for the travel to the COR. The COR will review the request for payment and supporting documentation prior to acceptance for payment. Contractor reimbursement for travel shall be limited to air fare, per diem, food and lodging and local transportation (taxi/rental car). Use of POV may be permitted, however reimbursement will be in accordance with JTR mileage and in no instance shall exceed the ceiling amount in the JTR.

1.3.4.4. Composite Health Care System (CHCS). The Government will provide training to contract HCPs in the CHCS and/or other specific procedures that the medical activity’s staff is required to use. Access to such patient data systems is an “Automated Data Processing Sensitive” position requiring compliance with AR 380-19 and AR 380-67.

1.3.4.5. Armed Forces Longitudinal Technological Application (AHLTA). Contract employees shall attend training in the use of AHLTA. The length of training will depend upon the computer skills of the individual contract employee. This training will be coordinated and scheduled by the Chief, Anesthesia Services or his designated representative. (Access to such patient data systems is an “Automated Data Processing Sensitive” position requiring compliance with AR 25-2 and AR 380-67.

1.3.5. SAFETY

1.3.5.1.The Contractor shall be responsible for ensuring contract HCPs comply with all installation safety regulations. Such regulations include but are not limited to, general safety, fire prevention, and waste disposal.

1.3.6. SECURITY REQUIREMENTS

1.3.6.1. The MTFs are restricted access military installations. HCPS shall not begin performance until the complete documentation for a Personnel Background Investigation has been submitted. An Identification (ID) badge and the Common Access Card (CAC) will not be issued until complete documentation has been submitted to the appropriate Installation, MTF, or other Security Manager(s), as required at the facility. The CAC card is required for access to Government computer databases and also is presented to the security guards when entering the military installation. If a background investigation results in an unfavorable finding, the contracting officer will notify the contractor and the contractor employee will not be granted access to the facility, will not be able to perform services at the facility, and must return all identification badges, CAC cards, and other items previously issued by the Government.

1.3.6.1.1. Upon award of the contract, the contractor will immediately contact the COR for processing procedures to meet the security requirements, for information needed to access the installation/MTF initially, as well as in-processing forms.

1. 3.6.1.2. SECURITY/ (IT) REQUIREMENTS.

1.3.6.1.2.1. In accordance with (IAW) Army Regulation 525-13, paragraph 5-19, all prospective contract HCPs will undergo a verification process to determine the trustworthiness and suitability prior to being granted access to federal property. Limited access with escort may be granted (at the installation's discretion) for an interim period while investigations are being conducted.

1.3.6.1.2.2 IAW AR 25-2 and HSPD-12, Installation Security Office will submit all background investigations on prospective contract HCPs requiring Common Access Cards (CAC), network access.

1.3.6. 1.2. 3. Upon notification, the Provost Marshal Office will conduct background checks on all other contract HCP personnel when there isn't a requirement for CAC and/or IT requirements in the contract.

1.3.6.1.2.4. Complete disclosure of any past incidents in the contract HCP professional duties or of incidents which might be considered to impact on his/her professional standing, such as charges (unless acquitted) involving either felonies or misdemeanors (other than minor traffic violations), is a necessary part of the competency process. This disclosure must also specifically include reports of any actions, claims, charges, of malpractice ever brought against the contract HCP (either individually or as a part of a group), as well as the outcome (or current status) of any such case. The MTF will evaluate any such incident and determine whether it should be disqualifying.

1.3.6.1.2.5. Contract HCP is advised to make full disclosure under this paragraph as a condition of employment.

Failure to make a full disclosure will result in a determination that the provider's services were unsatisfactory.

1.3.6.1.2.6. If at any time during the contract period it is discovered through a medical center investigation or any investigation, that the contract HCP is currently pending charges, or has previously been convicted of any of the aforementioned incidents, that contract HCP may be removed from service under the contract.

1.3.6.1.2.7. At level 1 Training: All contractor employees, to include subcontractor employees, requiring access to Army installations, facilities and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 days after completion of training by all employee and subcontractor personnel. AT Level 1 awareness training is available at the following website: https://atlevel1.dtic.mil/at.

1.3.6.1.2.8. Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

1.3.6.1.2.9. iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within XX calendar days of contract award and within YY calendar days of new employees commencing performance with the results reported to the COR NLT XX calendar days after contract award.

1.3.6.1.2.10. Contractor Employees Who Require Access to Government Information Systems. All contractor employees with access to a government info system must be registered in the ATCTS (Army Training Certification Tracking System) at commencement of services, and must successfully complete the DOD Information Assurance Awareness prior to access to the information systems and then annually thereafter.

1.3.6.1.2.11. For Contracts that Require an OPSEC Standing Operating Procedure/Plan. The contractor shall develop an OPSEC Standing Operating Procedure (SOP)/Plan within 90 calendar days of contract award, to be reviewed and approved by the responsible Government OPSEC officer, per AR 530-1, Operations Security. This SOP/Plan will include the government's critical information, why it needs to be protected, where it is located, who is responsible for it, and how to protect it. In addition, the contractor shall identify an individual who will be an OPSEC Coordinator. The contractor will ensure this individual becomes OPSEC Level II certified per AR 530-1.

1.3.6.1.2.12. For Contracts that Require OPSEC Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

1.3.6.12.13. For information assurance (IA)/information technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting IA/IT functions shall be appropriately certified upon contract award. The baseline certification as stipulated in DoD 8570.01-M must be completed upon contract award.

1.3.6.2. SECURITY ID BADGES

1.3.6.2.1. Contract HCPs shall comply with the local installation and MTF personnel identification and access requirements.

1.3.6.2.2. Each contract HCP shall wear a visible security ID badge, provided by the military installation or the MTF, on the front of his/her outer clothing.

1.3.6.2.3. The contractor shall be responsible for ensuring all HCPs timely renew ID, CAC, and access documents. Absences due to the loss or expiration of such badges shall not relieve the contractor of its obligation to perform the health care services required under this contract.

1.3.6.2.4. The contract HCP shall immediately report any lost or stolen security badges to the COR.

1.3.6.3. VEHICLE REGISTRATION

1.3.6.3.1 The contractor/contract HCP’s shall comply with the local installation requirements for vehicle registration and operation on the military installation. Fort Bragg is a restricted access military installation. Post vehicle registration and decal requirements are no longer required; however, all privately owned vehicles must continue to be licensed, registered, inspected, and insured (must have the minimum liability coverage required by the state) in accordance with state and local laws. Rental vehicles are considered private owned vehicles for the purposes of installation entry and access. The vehicle rental contract will suffice as proper licensing, registration and insurance for installation access.

1.3.6.3.2. All vehicles are subject to search. Contract employees may encounter long delays for vehicle inspection and identification checks upon entering and exiting the installation. The government will not reimburse the contractor for time spent at installation checkpoints. Contract HCP’s should plan accordingly and report to work at their scheduled duty time, at their appointed place of duty within MTF.

1.3.6.4. KEYS

1.3.6.4.1. The contractor shall be responsible for any keys issued by the Government to contract HCPs for use in the MTF. The keys shall not be duplicated. Lost keys and/or locks shall be reported to the issuing party, Department Chief or COR immediately upon discovery of the loss. The contractor shall be financially responsible for the replacement of any lost keys and any associated locks. No unauthorized personnel shall be allowed entry into the locked area. Contract HCPs shall lock all areas for which they possess a key when they are not using the area and at the close of the work period.

1.3.6.5. SAFEGUARDING MATERIAL AND CONFIDENTIALITY OF INFORMATION

1.3.6.5.1.The contractor shall be responsible for safeguarding all Government property provided or obtained in connection with this contract. The contractor shall safeguard information of a confidential or sensitive nature. Neither the contractor nor any of its contract HCPs shall disclose or cause to be disseminated any information concerning the operation of the MTF that could result in or increase the possibility of a breach in security or interrupt the continuity of operations or which breaches the requirements of the Federal Privacy Act of 1974. However the contractor may be required to provide testimony in legal or administrative procedures. Such participation must be consistent with the disclosure requirements imposed in this contract and coordinated with the contracting officer.

1.3.6.5.2. Unless otherwise specified, all financial, statistical, personnel, and/or technical data which is furnished, produced or otherwise available to the contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of health care services under this contract. The contractor shall not release any of the above information without prior written consent of the KO. The contractor and contract HCPs shall prepare medical records, forms and documents as required, in accordance with the regulations and established guidelines listed in the contract and those established by the MTF commander.

1.3.6.5.3. The contractor and contract HCPs shall abide by federal and local MTF regulations and requirements concerning the nature of privileged communication between patients and the HCP as may be necessary for security and personnel reliability programs. They shall also abide by federal and local MTF regulations concerning the confidentiality of patient records, to include but not limited to the Privacy Act of 1974 and the Health Insurance Portability & Accountability Act (HIPAA) of 1996. All regulations referenced are available for review from the COR, MTF, or the KO. All medical records and reports will remain the property of the Government.

1.3.6.6. PERSONAL SECURITY INVESTIGATION REQUIREMENTS

1.3.6.6.1. These positions are considered Sensitive positions. Compliance with DoD Directive 5200.28, DoD 5200.2-R, AR 25-2, and AR 380-67 is mandatory for Sensitive positions. Therefore, a National Agency Check with Inquiries (NACI) is required for each HCP under this contract. The contractor and contract HCPs determined by the MTF to be involved in the delivery of health care to children under the age of 18 on a frequent and regular basis must meet the requirements of the Crime Prevention Act of 1990, as specified in Supplement to PWS, Criminal History Background Check Requirements.

1.3.6.6.2. The contractor shall fully adhere with security requirements and the provisions of referenced publications by having each of their contract HCPs who are performing under the individual task order make an appointment (through the COR) with the appropriate security organization at the installation. Each individual will be fingerprinted and required to complete the appropriate forms, usually a Standard Form 85-P, Questionnaire for Public Trust Positions, and a SF 86, for NACLC checks. The contractor shall advise their HCP that a positive report is needed as a condition of employment under this contract.

1.3.6.6.3. The contractor and contract HCPs determined by the MTF to be involved in the delivery of healthcare to children under the age of 18 on a frequent and regular basis must meet the requirements of the Criminal Prevention Act of 1990.

1.3.6.6.4. Contractor Verification System (CVS). The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.3.6.6.5. The contractor shall ensure all subcontractors comply with agency personal identity verification procedures when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

1.3.6.6.6. The contractor shall ensure compliance with the provisions set forth below. For purposes of FAR Clause 52.204-9 and personal identity verification procedures, the Government will designate a Trusted Agent (TA), and the contractor shall designate a contractor security liaison, for this contract. The contractor security liaison does not have to perform only security duties, but can perform other functions for the contractor. The Government reserves the right to amend or supplement these provisions pursuant to the Changes clause in the contract.

1.3.6.7. IN PROCESSING REQUIREMENETS

1.3.6.7.1. Contractor HCPs are prohibited from performing services under this contract absent compliance with the in-processing requirements set forth below and each individual task order.

1.3. 6.7.2. For every HCP, the contractor security liaison shall provide the following information to the TA for input into the Defense Enrollment Eligibility Reporting System / Real-time Automated Personnel Identification System DEERS/RAPIDS System:

1.3.6.7.3. The contract service providers shall have an Army Knowledge Online (AKO) account in order to submit the application. AKO registration may be accessed via https://www.us.army.mil.

1.3.6.7.4. The DEERS/RAPIDS Systems will send a notice to the e-mail address provided IAW the above requirement, in which the contract service provider’s user ID and password are provided. In the event the e-mail message is sent to the FSO, the FSO shall notify the contractor of the contract service provider’s user ID and password.

1.3.6.7.5. The contract service provider shall log into the DEERS/RAPIDS System, and submit an application for acceptance into the System, using the user ID and password provided.

1.3.6.7.6. The application will be accepted, returned, or rejected by the TA. Notice as to whether the application has been accepted, returned or rejected will be provided to the individual’s e-mail address provided within 48 hours after submission. If the application is returned or rejected, the contract HCP shall contact the TA and comply with the TA’s guidance to attempt to correct and resolve the issues.

1.3.6.7.7. Upon approval of the CAC Card application, the contract service provider shall receive an e-mail sent to the address provided stating the Common Access Card (CAC) application was approved and to proceed to the Verifying Office (VO) with two photo IDs to obtain a CAC. For CAC issuance, a DD2842 must be completed and taken by individual with two forms of ID, one must be a picture ID. The e-mail will contain a Uniform Resource Locator (URL) to download the form. Acceptable forms of ID to include: Driver’s License, Social Security Card, Military ID, Contractor Company ID with picture and expiration date, charge card with picture imprinted, and a passport.

1.3.6.8. REVALIDATION REQUIREMENTS

1.3.6.8.1. The TA is required to revalidate all contract service providers, in the DEERS/RAPIDS System, every 6 months. In the event revalidation is denied, the CAC credentials shall be revoked and the CAC will not be useable to login and the HCP will be unable to perform contract requirements.

1.3.6.9. OUT-PROCESSING REQUIREMENTS

1.3.6.9.1. When a contract HCP’s performance under this contract /task order ceases; the contractor security liaison shall provide written notice to the TA. The TA will remove the contract HCP from the DEERS/RAPIDS System. The contractor shall ensure the contract HCP’s CAC and all Government issued badges and ID cards are turned in to the Government IAW the MTF’s out-processing procedures and further guidance from the KO.

1.3.6.9.2. MTF in/out-processing checklist: When commencing work under this contract, the contract HCPs shall obtain in-processing checklist(s) from the COR or designated office. All contract HCPs are required to complete the applicable items on the checklist and turn it in to the designated office. Upon termination or resignation, the contract HCPs shall complete an out-processing checklist and return it to the designated office.

1.4. HOURS OF PERFORMANCE

1.4.1. The Contractor shall provide services for work weeks averaging 40 work-hours per week. Services are required five (5) days each week (Monday through Friday), excluding federal holidays and Government designated training holidays. Normal duty hours are 0730 to 1630. Duty hours include a one hour lunch period, which is not paid by the Government. Hours are subject to change as directed by the department chief. A contract employee shall work a not-to-exceed 80 hours per two-week pay period. Compensatory time and Overtime is not authorized.

1.4.1.1. “RESERVED”

1.4.1.1.1 “RESERVED”

1.4.1.1.2. “RESERVED”

1.4.1.1.3. “RESERVED”

1.4.2. Contract HCP shall not have worked at another medical facility in the 8 hours prior to their shift at any MTF.

1.4.3. ABSENCES.

1.4.3.1. Scheduled absences shall be scheduled at least 45 calendar days in advance and mutually agreed upon by the Department Chief or his/her designated representative and the Contractor. The Department Chief or his/her designated representative requires this action to develop a work schedule for all department HCPs who will fill assigned shifts for the upcoming months.

1.4.3.2. Unscheduled absences shall be called into the Department Chief or his/her designated representative by the contract HCP within the first thirty (30) minutes of each duty day that he/she is unable to report to work.

1.4.4 CLOSURES.

1.4.4.1. Mission Essential: This position is not mission essential.

1.4.4.1.1. “RESERVED”

1.4.4.1.2. If determined, non-essential, Contractor services are not required. The Contractor shall not invoice the Government for services not performed and the Government will not be liable to the to the Contractor for any such closures.

1.4.5. Time in excess of scheduled hours must be requested and approved in writing by authorized military or civilian government service (GS) Department of Brain Injury Medicine personnel or Chief, Department of Brain Injury Medicine at the time of the request. Compensation for all unapproved requests for overtime will be denied. Signing in early does not increase chargeable time. Time worked in excess of the scheduled hours will be calculated as follows: 10 to 20 minutes = ¼ hour; 21 to 40 minutes = 1/2 hour; 41 to 59 minutes = ¾ and 60 minutes = 1 hour. Hours in excess of the 80 hours in a two week work week shall be at the same rate as the regular schedule hourly rate.

1.4.6. HOLIDAYS.

1.4.6.1. The following is a list of legal federal holidays as referred to elsewhere in the task order. HCP’s may be required to work on legal holidays as determined by the Department Chief. The provider will be paid regular hourly rate while working hours on Federal holidays.

NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday, holiday falling on Sunday will be observed the following Monday. Any holidays that are declared by Presidential Executive Order shall be observed in the same manner as the holidays listed above. If the area in which a contract employee is scheduled to work is closed due to the holiday declared by an Executive Order and the employee is not required to report in, payment will not be made for those hours. Closures of the installation due to inclement weather or other such acts of God shall be handled in the same manner.

1.4.6.2. The military may designate a weekday as a training holiday, if doing a four-day holiday weekend (e.g. Thanksgiving weekend, Friday is a military training holiday). This may result in the closure of some of the clinics or departments; negating the need for Contractor services on such days.

1.5 CONDUCT.

1.5.1 The contract HCP shall record the time worked according to procedures determined by the MTF.

1.5.2. The Chief of the department where services are being performed or his/her representative will define the scope of practice. Contract HCP shall not introduce new procedures or services without prior approval of the Department Chief or representative. In disagreements or deviations from established or new protocols, the Department Chief, or representative, will be the deciding authority.

1.5.3. Reserved.

1.5.4. Contract HCP shall abide by federal and local MTF regulations and requirements concerning the nature of limited privileged communication between patients and the HCP as may be necessary for security and personnel reliability programs. They shall also abide by federal and local MTF regulations concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Health Insurance Portability & Accountability Act of 1996. All regulations referenced are available for review from the COR, MTF, or the Contracting Officer. All medical records and reports will remain the property of the Government.

1.5.5. Contract HCP shall abide by MTF bylaws, JC, DoD and Medical Department regulations with regard to Utilization Review and Quality Assurance directives, including, but not limited to, in-service training maintenance of records, performance evaluation, release of medical information.

1.5.6. Contract HCP shall make use of all appropriate equipment; supplies and services made available by the Government and shall make referrals and seek consultations, as deemed necessary, for the optimal care of the patients.

1.5.7. Removal of Contract HCPs. At any time during the performance of this contract, the Contracting Officer or COR may direct the Contractor to immediately remove any contract HCP whose actions or impaired state raises reasonable suspicion that clear and present danger of physical harm exists to a patient, other contract HCPs and Government personnel or to the impaired individual. This provision will be used in emergency situations only and not for the purpose of bringing performance issues or other non-urgent concerns to the attention of the Contractor.

1.5.7.1. If the need for a removal occurs, the COR will contact the employee’s point of contact and direct the Contractor to remove that individual from the military facility and to not use that individual to perform any healthcare services required under this contract until the issue has been resolved by the Contracting Officer. The Contractor shall formally meet with the COR to discuss further action in accordance with the MTF Quality Assurance and Inspection (QA&I) Plan and AR 40-68. A review of the basis for removal will be made by the Contracting Officer within 3 working days after the COR directed the removal.

1.5.7.2 If, after any investigation deemed necessary by the Contracting Officer and discussions with the Contractor's representative, the Contracting Officer concludes that the contract HCP’s impairment requires permanent removal from performance under the contract, the Contracting Officer will notify the Contractor that permanent removal is required. In the event of disagreements between the government and the Contractor's representative concerning matters of impaired contract HCPs, the decision of the Contracting Officer will be final. During the period of time between the removal and the final decision of the Contracting Officer, the Contractor shall provide a backup/ replacement contract HCP in accordance with the terms and conditions of this contract.

1.5.8. The Commander has the prerogative to hold in abeyance, to deny, or to summarily suspend clinical privileges/practice when there is a reasonable cause to doubt the HCPs competence to practice or for any cause affecting the safety of patients or others. AR 40-68 outlines the adverse clinical privileging and practice actions for privileged personnel and adverse practice actions and peer review for non-privileged personnel.

1.5.9. Confidentiality.

1.5.9.1. The Contractor shall abide by AR 40-3 and AR 40-66 concerning the nature of limited privilege communication between the patient and HCP. The Contractor shall abide by AR 40-66 concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1976 and the Drug and Alcohol Act, Public Law 92-129. The Contractor shall direct all requests for medical information regarding patients to the Department Chief. The Contractor shall not release any medical or personal information regarding a patient without first receiving the written approval from the Government.

1.5.9.2 Confidentiality of Information. Unless otherwise specified, all financial, statistical, personnel, and/or technical data which is furnished, produced or otherwise available to the Contractor during the performance of this contract are considered confidential business information and shall not be used for purposes other than performance of work under this contract. The Contractor shall not release any of the above information without prior written consent of the Contracting Officer.

1.5.9.3. The Contractor shall not use patient care rendered pursuant to this agreement as part of a study, research grant, or publication without the prior written consent of the Contracting Officer.

1.5.9.4. Inquiries. The Contractor shall not respond to any media inquiries. Any inquiries from the media shall be immediately relayed to the COR who will relay them to the MTF Commander. There shall be no interviews, comments, or any other response without the knowledge and approval of the MTF Commander. Other than routine inquiries for external agencies all other inquiries and complaints shall be brought to the attention of the contract HCPs Government supervisor.

1.6. CONFLICT OF INTEREST.

1.6.1. The Contractor contract HCPs shall not bill the patient for services rendered under this contract. The Contractor/contract HCPs shall be prohibited from receiving compensation of any kind for patients treated, procedures performed, or any other actions performed, except under the terms and conditions of this contract, at the rate specified.

1.6.2. The Contractor or contract HCPs shall not, while performing services rendered under this contract, advice, recommend, or suggest to persons eligible to receive medical care at Government expense that such persons should receive care from the Contractors or contract HCPs at any place other than as designated under this contract.

1.6.3. Contract HCPs are not prohibited by reason of their employment under this contract from conducting private practice provided there is no conflict with the performance of services under this contract. The Contracting Officer will unilaterally resolve any issues concerning potential conflicts.

1.6.4. The Contractor or contract HCPs shall not use Government facilities or other Government property in connection with conducting a private practice.

1.6.5. Contractor HCP shall not be an employee of the United States Government if the employment would create a conflict of interest. The Contract HCP who is an employee of the Department of Defense, either military or civilian, shall not be employed unless such person seeks and receives approval in accordance with DoD 5500.7-R and MEDCOM Reg 600-3.

1.6.6. Contract HCP shall not introduce new medical procedures or services without prior approval of the Department Chief or representative. In disagreements or deviations from established or new protocols, the Department Chief, or representative, will be the deciding authority.

1.7. LICENSE AND CREDENTIALS REVIEW OR PRIVILEGING.

Refer to Army Regulation 40-68 for list of personnel that require credentialing.

1.7.1. Reserved.

1.7.2. No later than 30 days after contract award, Curriculum Vitae (CV) for the applicants must be submitted to the COR for approval. The Government has 48 hours to review the CV to determine if technically acceptable. When the Contractor is notified that the Provider has been accepted, the Contractor has 15 days to submit a completed credentialing package to :

Department of the Army Womack Army Medical Center - Stop A

Upon termination of an HCP or in the event the HCP decides to leave the Contractor’s employment, the Contractor shall have 30 days to submit a replacement provider should the MTF still require a provider.

1.7.3. Only complete credential applications will be accepted by the government for processing. Incomplete application, that is, those that do not fully comply with the requirements will be returned to the Contractor without action.

1.7.4. The Contractor must take specific action, including Primary Source Verification, to ensure that HCP applications submitted for privileging have the required prerequisites and do not have disqualifying impediments for privileges at the MTF. This is a non-delegable responsibility of the Contractor.

1.7.5. The Contractor shall submit applications for the credentialing process only for those HCPs who can reasonably be anticipated to render the actual, substantial performance on the contract. The submission of an unreasonable number of primary Contractor therapists for credentialing who lack the requisite qualification, who will not work at all, or who will work intermittently is unacceptable and will be considered a failure to perform.

1.7.6. The Contractor must affirmatively expend effort to review applications submitted to the MTF to ensure that they are complete and comply with the requirements of this section. An individual HCP may not submit an application directly to the COR, and absent the Contractor's assurance of review, the application will be returned without action.

1.7.7. The identical submission and requirements are required for Contractor HCPS, who are proposed as backup, replacements, or additional providers. Credentials applications for backup physical therapists will be submitted at least 30 days in advance of their assignment to the MTF. The failure to submit credentials applications 30 days in advance may result in the contract therapist not being privileged in time to perform and subsequent failure to perform.

1.7.8. The MTF Commander must grant privileges to ancillary service contract HCPs for whom credentialing is required prior to HCPs providing any services. The privileging process shall be in accordance with all requirements in AR 40-66 and 40-68, as amended. The privileges granted by the MTF will be sufficient to allow for performance of all specific tasks identified in this contract. Information on the credentialing/privileging process is contained in chapter 4 of AR 40-68. Any failure to meet these requirements is considered nonperformance and the basis for termination for cause.

1.7.9. The Contractor shall request from the Credentialing Department documentation requirements for privileging or for license verification (as required by the position) for each contract HCP. Required documentation shall be completed and returned within 15 work days of receipt of the credentialing package. The Contractor shall obtain all paperwork, letters of reference, approvals, work history, physical, etc. required by the MTF credentialing process. MTFs will not assist the Contractor in obtaining any needed information.

1.7.10. Incomplete credentials applications will be promptly returned to the Contractor by the Credentialing Department and will not be submitted to the Credentials Committee. A clear delineation of the deficiencies, which render the credentials application incomplete will be furnished to the Contractor by the Credentialing Department.

1.7.11. Return of an incomplete application for completion is not a waiver of the requirement to submit a complete application. Repetitive submissions of incomplete application will be considered a failure to perform.

1.7.12. The Contractor shall not employ any individual to provide direct…