W91YTZ16R0045AMENDMENT.docx

W91YTZ-16-R-0045

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

SECTION SF 1449 - CONTINUATION SHEET

SOLICITATION/CONTRACT FORM

The required response date/time has changed from 22-Jul-2016 01:00 PM to 27-Jul-2016 05:00 PM.

The following have been added by full text:

QUESTIONS AND ANSWERS

Question and Answers for solicitation W91YTZ-16-R-0045 Emergency Room Physicians:

1. We did not see how many Past Performances Questionnaires are to be provided.

Answer: There is not a set amount for submitting past performance questionnaires. Contractor must only prove relevancy and frequency of past performance. Please refer to the solicitation for the past performance ratings.

2. Also, can you inform how many Past Performance can be provided by Team Member/Subcontractor.

Answer: The solicitation does not limit or determine who can submit past performance either the prime or the subcontractor can submit past performance, it does however, state that in order to be considered a subcontractor the vendor must perform 25% of the contract effort.

3. Under the Freedom of Information Act, 5 U.S.C. subsection 552, I am requesting information on the total amount awarded for the incumbent contractor of the solicitation number W91YTZ16R0045 and the contractor who performed the services.

Answer: In order to request information under the Freedom Of Information Act (FOIA) please send your request to the following person: Sheryl Butler at sheryl.a.butler4.civ@mail.mil

4. Does the government have someone who will create a schedule for the Physicians on call and pass to the contractor? If so what is the schedule system in use

Answer: The government will be responsible for creating and executing the schedule for regular and on call hours. The schedule is created using an EXCEL spreadsheet. Schedules are sent to the contractor 45 days in advance for coordination of filling those shifts that the active duty and GS cannot fill.

5. Please clarify if the technical limit is 30 or 70 pages. We understand the price page limit is pages 1-12 of RFP and 1 page per provider in comp plan, but is there any limit on standard forms and reps and certs that are requested to be in this volume?

Answer: Technical limit is 30 pages. The 70 page limit is for the entire package submitted which include the Technical, Past performance and Cost/price. There is not limit for the reps and certs. .

6. Should the sanitized version include the cage code anywhere?

Answer: No

7. Am I to understand the requirement cannot be changed and the Contractor must be a US Citizen? That is what is written in Attachment #1. Would it be possible for you to agree to a non-US Citizen providing the health care services requested? They are fully licensed and will be able to obtain a work visa but are not a US Citizen. Is this acceptable?

Answer: Yes, the contractor has to be a US Citizen.

8. Are these requirements currently being performed by contractors?

Answer: Yes

9. Who is the incumbent vendor?

Answer: Magnificus

10. What was the annual value?

Answer: Please request the annual value of the contract thru the Freedom of Information Act, thru Sheryl Butler at sheryl.a.butler4.civ@mail.mil

11. Has there been satisfactory fill?

Answer: No

12. Can a vendor request a neutral rating if they have not/are not providing ER Physicians?

Answer: If a vendor does not submit past performance the rating will be neutral.

13. Also could you confirm that an unsantized version of Technical AND Compensation is required?

Answer: Yes a unsantized version for the technical and compensation plan is required.

14. Will the government allow the contractor to bill bi-weekly?

Answer: No, the government prefers bi monthly or monthly billing.

15. What is the current fill rate?

Answer: 73% is the current fill rate.

16. Section 1.12.3 the government requires complete credentialing packages to be submitted within 10 days after award. Is this work/business or calendar day?

Answer: Business days

17. Section 1.12.3 indicates that the COR will notify the contractor of acceptance or non-acceptance of proposed employees within 3 working days of the receipt of packets based on the contents evidencing that all qualification requirements are met. Is contractor’s candidate considered accepted if all qualifications requirements are met, and the COTR does not notify contractor of acceptance or non-acceptance of proposed employees with in the 3 working days?

Answer: NO. Must reach out to the COR/COTR and get final approval. If there has been no response within 3 working days then you will need to reach out to the contracting office.

18. Section 1.12.4 indicates that the failure to submit completed credentials application packets 45 days prior to commencement of performance may result in the contract health care provider not being privileged in time to perform. It typically takes 30 to 45 days gather and submit complete credentialing packages on credential provided, due to vetting process-i.e. Prime Source Verifications, notarized certificates, required original references letter, background screening etc. Does the government requiring the contractor to complete the entire credentialing process in 10 days or 45 days?

Answer: 10 days to submit a CV and 45 days to submit a credentials packet once the provider has been accepted.

19. What is the Government’s allotted credentialing timeline, once the contractor has submitted completed packages that meet the required qualifications?

Answer: The Government has 45 days once the completed packet has been delivered.

20. Will the government consider Physicians that are Board Eligible if they complete their certification within a designed short timeframe?

Answer: NO, Must be board certified.

21. Are there any other Active Duty or GS physicians or mid-levels presently providing coverage in the Emergency Department? If so, will this continue under this contract?

Answer: Yes, and this will continue under this contract.

22. It appears that the past performance relevance requirements are unduly restrictive for an 8(a) set-aside procurement (at least 10 FTE Emergency Medicine Physicians on a single contract or task order to receive a relevancy rating). Will the agency consider lowering the FTE requirements of “Relevant” and “Somewhat Relevant” to be less restrictive and provide greater competition?

Answer: No

23. The Past Performance Relevancy Ratings identify minimum numbers of Emergency Medicine Physicians necessary on a prior effort in order for that effort to reach a certain Relevancy Rating. However, the phrasing for each rating is different: a “Very Relevant” rating requires “Emergency Medicine Physicians on a single contract or task order for 15 FTEs”; a “Relevant” rating requires “(12) FTEs- Emergency Medicine Physicians on a single contract or task order”; and a “Somewhat Relevant” rating requires “10 Emergency Medicine Physicians on a single contract or task order”. Despite the different phrasings, which could be read to have different meanings, is it the Government’s intent that to receive a given relevancy rating, a past performance effort must have involved “X number of FTE (Full-Time Equivalent) Emergency Medicine Physicians”?

Answer: Yes

24. Can you please provide additional information on how the determination was made that 12 FTEs would be considered “relevant” and 10 would be considered “somewhat relevant”? Why is the cut off for “somewhat relevant” at 10 FTEs?

Answer: History has proven to the government that this requirement can be difficult to fill. To ensure performance of the requirement the government needs to be confident that the vendor has a history of being able to supply the required FTE’s; therefore, the government established the cut offs for the relevancy factors of 12 FTE’s for relevant and 10 FTE’s for somewhat relevant.

25. For purposes of the past performance evaluation, will individual task or delivery orders performed by an offeror under a single IDIQ contract be evaluated cumulatively or separately? Although the Past Performance Relevancy Ratings reference evaluating the number of Emergency Medicine FTEs “on a single contract or task order,” they also state that “[f]or IDIQ contracts, there must be evidence provided of all awarded task orders including pertinent information such as Emergency Medicine Physicians.” Given the potentially limited universe of past performance experience relevant to this procurement, we believe it would be in the government’s interest to evaluate task or delivery orders within a single IDIQ contract cumulatively.

Answer: Cumulatively

26. The last paragraph of the Past Performance Evaluation Criteria (Page 90) states, in part, that “[t]he Government reserves the right to down grade the Overall Past Performance rating of any Offeror based on lack of relevant performance information.” However, as recognized by the availability of an “Unknown Confidence (Neutral)” rating, offerors should not be penalized for a lack of relevant past performance. Please confirm that if the Government determines that an offeror does not have sufficiently relevant past performance to earn either a “Substantial Confidence” or “Satisfactory Confidence” rating then the offeror will receive an “Unknown Confidence (Neutral)” rating (as opposed to a negative “Limited Confidence” or “No Confidence” rating).

Answer: The government has amended the solicitation and the right to downgrade the overall performance has been deleted.

Answer:

27. Subfactor 2 of the Technical Volume is the Compensation and Retention Plan. Please confirm that this evaluation is based on completed Attachment 8 (Sample Compensation Plan) and that a completed Attachment 8 is the expectation for meeting this item.

Answer: Yes, the compensation plan is the expectation of meeting the item.

28. Also on page 77 in section 2.c, the compensation plan (Attachment 8) is listed separately from Volume III Cost/Price. Should the compensation plan be included in Volume III?

Answer: Yes

29. Does Part III. Price on page 76 define everything to be included in Volume III (as listed here)?

Part III. Price: The Contracting Officer may establish a competitive range in order to ensure an efficient source selection.

The following must also be submitted as part of the proposal package:

(i) Price Schedule. COMPLETE ALL CLINS. Price Proposal (Base and option years). Offerors must round the unit and total price to the penny.

(ii) Complete and sign SF 1449, page 1, Blocks 17a & b, 30a, b & c.

(iii) Signed amendments (if any).

(iv) Representations and Certifications found at FAR 52.212-3 ALT I, 52.209-2 and 52.209-7 must be completed.

(v) Compensation Plan must be completed for all specialties.

Answer: Yes

30. Are all positions currently being filled by the incumbent?

Answer: No

31. What is the trauma designation of Womack Army Medical Center?

Answer: Level III

32. What is the annual patient volume of Womack Army Medical Center?

Answer: 65,000 patients per year

33. Could the government please provide an estimate of the number of patients per hour received in the Emergency Room at Womack Army Medical Center?

Answer: An average of 7-9 patients our received per hour.

34. Will there be single or double coverage? If there is double coverage, when is there double coverage?

Answer: There is always double coverage in the ER Room.

35. Will the personnel under this contract be required to supervise PAs or NPs?

Answer: No

36. How many beds are there in the ER at Womack Army Medical Center?

Answer: 38 Rooms

37. What kind of support staff and how many (i.e., nurses, technicians) will assist the ER Physicians?

Answer: RN, LPN, Medics, MSA(Clerical staff) support the ER Physicians.

38. Who handles admissions for Womack Army Medical Center?

Answer: Admissions are handled by Family Practice or Internal Medicine department as well as the hospitalist if available.

39. Are psychiatric admissions required?

Answer: Yes

40. How many shifts can the MD work consecutively (maximum)?

Answer: One

41. Are any backup specialties available or lacking?

Answer: Yes most backup specialties are available, however, neurosurgical is lacking.

42. Does Womack Army Medical Center have Fast Track? If so, who covers it?

Answer: Yes, Womack Army Medical Center has a fast track, and normally the PA/NP’s cover this area. However, there are times that the MDs will have to assist when coverage is needed during times of unforeseen absences etc.

DEPARTMENT OF EMERGENCY MEDICINE

EMERGENCY MEDICAL OFFICER

PERFORMANCE WORK STATEMENT

WOMACK ARMY MEDICAL CENTER, FT BRAGG, NC

1. 0. INTRODUCTION.

1.0.1. The Contractor shall provide health care support for the Emergency Department, Womack Army Medical Center. The services will be of a nature and scope described in the paragraphs below. The contract Health Care Provider (HCP) will work in conjunction with other health care providers, professionals, and non-contract personnel. The Contractor HCP shall provide the non-personal services of an Emergency Medicine Physician licensed to perform services of the nature and scope described in this Performance Work Statement (PWS).

1.0.1.1. The quality of care provided by the Contractor HCP shall be of a quality meeting or exceeding currently recognized national standards as established by the Joint Commission (JC). Contractor HCP shall give the highest regard to patient dignity and observe the precepts of the American Hospital Association’s Bill of Rights for Patients. The Contractor HCP shall abide by the Medical Treatment Facility (MTF) rules, regulations and the Womack Army Medical Center Medical Staff Bylaws, regulations, memoranda, and policies as well as applicable Army regulations governing such things as medical records.

1.1. GENERAL.

1.1.1. This contract is a non-personal services contract under which the personnel rendering the services are not subject, either by the contract’s terms or by the manner of its administration, to the supervision and control usually prevailing in relationships between the government and its employees.

1.1.2. Professional Liability. The government will not be liable for malpractice allegations against contract HCP’s based upon performance of this contract. The contractor shall be required to carry malpractice insurance for its contract HCPs, at a level stated in the solicitation and included in any resulting contract for subject acquisition in tailored FAR Clause 52.237-7. If an apparent successful offeror, the contractor shall provide evidence of insurability concerning medical liability insurance prior to task order award. Upon task order award, the contractor shall provide evidence of insurance demonstrating the required coverage prior to commencement of performance. In accordance with Federal Acquisition Regulation (FAR) Clause 52.237-7, the contractor will indemnify the Government for any liability producing act or omission by the contractor, its contract HCPs and agents occurring during contract performance. If the contractor uses subcontractors in the performance of this contract, the contractor is required to ensure that its subcontracts for provisions of healthcare services contain the requirements of FAR 52.237-7, including the maintenance of medical liability insurance.

1.1.3. Responsibility and Procedures. If any suit or action is filed or any claim is made against the Contractor 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.

1.1.4. The contractor and Contractor 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 Contractor HCP may, at the Contractor HCP’s own expense, participate in defense of such claim or litigation.

1.1.5. Confidentiality / HIPAA. The Contractor HCP shall abide by AR 40-3 and AR 40-66 concerning the nature of limited privileged communication between patient and health care provider for security and personnel reliability programs. The Contractor HCP shall abide by AR 40-66 concerning the confidentiality of patient records, as embodied in federal statutes including the Privacy Act of 1974 and the Drug and Alcohol Act, Public Law 92-129 and HIPAA. The Contractor HCP shall direct all requests for medical information on patients to the Chief, Patient Administration Division. The Contractor HCP shall not release any medical or personal information on a patient without first receiving written approval from the government. Government will provide the regulations upon request by the Contractor HCP.

1.1.6. Removal of Contractor HCPs. At any time during the performance of this contract, the Contracting Officer or COR may direct the contractor to immediately remove any Contractor HCP whose actions or impaired state raises reasonable suspicion that clear and present danger of physical harm exists to a patient, other Contractor HCPs, 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.

1.1.6.1. The Contractor is required to remove immediately any contractor personnel whose actions or impaired state raises reasonable suspicion that clear and present danger or physical harm exists to a patient, other contractor employees, Government personnel or the impaired individual. If, after any investigation deemed necessary by government representatives and discussions with the contractor's representative, the Contracting Officer conclude that the contract HCPs 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 on a suspicion of impairment by government personnel and the final decision of the Contracting Officer, the contractor agrees to provide a backup/replacement contract HCP in accordance with the terms of this contract.

1.1.6.2. If the need for a removal occurs, the COR will contact the contractor'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.

1.1.6.3. If, after any investigation deemed necessary by the Contracting Officer and discussions with the contractor's representative, the Contracting Officer concludes that the Contractor 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 Contractor 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 Contractor HCP in accordance with the terms and conditions of this contract.

1.1.6.4. 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 health care provider’s 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 nonprivileged personnel.

1.1.7. Conflict of Interest.

1.1.7.1. Contractor HCP shall not use patient care rendered pursuant to this agreement as a part of a study, research grant, or publication without the prior written consent of the MTF Commander.

1.1.7.2. Contractor HCP shall not bill the patient, an insurer, or anyone else for services rendered. The Contractor HCP is prohibited from receiving compensation of any kind for eligible patients treated, procedures performed, or any other actions performed, except under the terms and conditions of this contract, at the rate specified in the contract.

1.1.7.3. Contractor HCP shall not, while performing services under this contract advise, recommend, or suggest to persons eligible to receive medical care at Army expense that such persons should receive care from the Contractor HCP at any place other than at the MTF. The Contractor HCP will not refer any patients to any company or service to which they have a direct or indirect involvement (including partnership programs and ancillary services not offered by the MTF).

1.1.7.4. Contractor HCP shall not introduce new medical procedures or changes in standing operating procedures without first coordinating with the Chief of Services.

1.1.7.5. Contractor HCP is not prohibited by reason of his employment under this contract from conducting private practice, if there is no conflict with the performance of services under this contract.

1.1.7.6. Contractor HCP shall not use Government facilities or other Government property in connection with conducting a private practice.

1.1.7.7. Contractor HCP shall not be an employee of the United States Government if the employment would create a conflict of interest. The Contractor 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.

1.1.8. Sexual Harassment/Assault Response and Prevention (SHARP)

1.1.8.1. The contractor shall comply with OTSG/MEDCOM Policy Memo 13-062, Policy for Reporting Incidents of Sexual Assault and Sexual Harassment under the Sexual Assault Prevention and Response Program (SHARP), 12 Nov 2013. The SHARP reporting requirements apply only to knowledge obtained by contractor personnel while performing services under this contract.

1.1.8.2. The contractor shall require all Contract Service Providers (CSP) with knowledge of an incident of sexual assault occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

1.1.8.3. The contractor shall require all CSPs with knowledge of an incident of sexual harassment occurring on a Government facility, to include a Government leased facility, where the contractor is providing services under this contract, to report the incident to the contractor who shall immediately (within 24 hours) report the incident in writing to the government's COR. All incidents shall be reported whether they involve contractor personnel or Government personnel, or other individuals.

1.2. SCOPE OF WORK: The Contractor shall provide qualified personnel, services, materials, equipment, supplies and facilities necessary to perform Emergency Medicine.

1.2.1. The Contractor shall comply with all applicable laws, rules and regulations, including but not limited to those included in Section 6 of the PWS.

1.3. SAFETY REQUIREMENTS: The Contractor HCP shall maintain safety and health standards compliant with requirements of the Occupational Safety and Health Administration (OSHA).

1.3.1. CRIME CONTROL ACT OF 1990

No performance under this contract will be allowed without full compliance with the Crime Control Act of 1990 and the Department of the Army Circular 690-92-1, 15 November 1992, Criminal History Background Checks on Individuals in Child Care Services. Contractor shall ensure that proposed providers cooperate with and assist the Government in conducting any necessary background checks.

1.3.2. COMPLIANCE WITH CRIME CONTROL ACT OF 1990. This position requires the contractor to comply with Public Law 101-647 (Crime Control Act) and submit to a criminal history background check performed by the government. The contractor shall schedule an appointment with the Security & Intelligence Office, MTF within 3 working days after start of performance under this contract. The contractor will be fingerprinted and complete a Standard Form SF85-P. If the contract employee is in a position that requires access to Critical Sensitive or Classified Information the contract agency Facility Security Office (FSO) is responsible for ensuring that the employee has the required SECURITY clearance to include submitting a SF86 EPSQ questionnaire to DSS and obtaining the necessary SECURITY clearance level through Defense Investigative Security Clearance Office (DISCO) as prescribed by the National Industrial Security Program Operating Manual (NISPOM) The contractor shall be advised that a FAVORABLE report is needed as a condition of employment under Army Contracts. Until the final background checks are completed, line of sight restriction shall apply and access to classified or Critical Sensitive information will be denied until a final SECURITY clearance or an interim SECURITY clearance has been granted by DISCO and the appropriate security verification and visitation letter has been received by the MTF Security and Intelligence office. The security office will notify each department head when line of sight requirement can be lifted.

Contract employees who previously received a background check and do not have a two-year break in service must get verification from Security and Intelligence Office. All employees are required to have a record re-verification and internal record check at a minimum of every five years.

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. Employees must adhere to the standard dress, appearance and hygiene established by the MEDCEN Memorandum 1-7 WAMC dress and appearance policy.

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.

1.4. SECURITY REQUIREMENTS. 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, department access badge, the Common Access Card (CAC) and the vehicle registration 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 issued previously by the government.

1.4.1. 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.

1.4.2. Security Identification Badges. Contractor HCP shall comply with the local installation and MTF personnel identification and access requirements.

1.4.3. 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.

1.4.4. 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.

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

1.4.6. The contract HCP shall turn in the MTF badge, Common Access Card (CAC), and Civilian ID Card to the COR upon termination of their services under this contract.

1.4.7. Contractor must adhere to and comply with the requirements of AR 190-13 and AR 680-10.

1.5. Vehicle Registration.

1.5.1. Vehicle registration is no longer a requirement at the Fort Bragg, NC MTF.

1.5.1.2. Vehicles, with or without a DoD decal, are subject to search. Contractor HCP 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. Contractor HCP should plan accordingly and report to work at their scheduled duty time, at their appointed place of duty within the MTF.

1.5.2. Safeguarding Material and Confidentiality of Information – ADP Security

1.5.2.1. 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.

1.5.2.2. The contract HCP under this contract shall have access to and/or process information requiring protection under the Privacy Act of 1974. These positions are considered “Automated Data Processing (ADP) Sensitive” positions. Compliance with DoD Directive 5200.2, DoD 5200.2-R, AR 25-2 and AR 380-67 (for Army), and applicable regulations for other services, is mandatory for ADP Sensitive positions.

1.5.2.3. 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.

1.5.2.4. 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.

1.6. Personal Security Investigation Requirements

1.6.1. 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.

1.6.2. The following procedures are required as part of the security requirements in C.3.6.1. HCPs under individual task orders will have access to and/or process information requiring protection under the Privacy Act of 1974. 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. For JTF CAPMED facilities and Navy facilities, a NACLC (National Agency Check with Local Check and Credit Check) will be required lieu of the NACI. 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. The contractor shall apply for the NACI/NACLC within three (3) workdays after start of performance for each contract HCP.

1.6.3. 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 the Supplement to the PWS, Criminal History Background Check Requirements.

1.6.4 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 Annual DoD Cyber Awareness Challenge prior to access to the information systems and then annually thereafter.

1.6.4.1. 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.

1.6.4.2. 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.

1.6.4.3 For Cyber Awareness (CA)/information technology (IT) certification. Per DoD 8570.01-M , DFARS 252.239.7001 and AR 25-2, the contractor employees supporting CA/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.

1.6.5 ANTITERRORISM (AT) TRAINING.

1.6.5.1. AT Level I Training. All Contract Service Providers (CSPs), to include subcontractor CSPs, requiring access to Army installations, facilities and controlled access areas shall complete AT Level I awareness training within 90 calendar days after contract start date. The contractor shall submit certificates of completion for each affected CSP and subcontractor CSP, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all CSPs and subcontractor CSP. AT Level I awareness training is available at the following website: https://atlevel1.dtic.mil/at.

1.6.5.2. IWATCH Training. The contractor and all associated sub-contractors shall brief all CSPs on the local iWATCH program (training standards provided by the MTF antiterrorism officer). This locally developed training will be used to inform CSPs of the types of behavior to watch for and instruct CSPs to report suspicious activity to the COR. This training shall be completed within 14 calendar days of contract award and within 14 calendar days of new CSPs commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.5.3 CSPs Who Require Access to Government Information Systems. All CSPs with access to a government information system must successfully complete the Annual DOD Cyber Awareness Challenge training prior to access to the information systems and then annually thereafter.

1.6.5.4 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.

1.7. MEDIA 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 contractor and contractor employee.

1.8. STANDARDS OF PERFORMANCE.

1.8.1. Contractor must daily comply with Joint Commission standards, WAMC Governing Body & Medical Staff ByLaws, Regulations, Memoranda, and policies. The government requires that the contractor shall provide technically competent emergency medicine providers to include decision making and interpersonal communication skills who will provide services at a standard enabling the MTF to provide a high level of quality health care.

1.8.2. JC Standards. Contractor shall take part in Department or MTF programs as required to meet JC standards.

1.8.3. Contractor performance evaluation factors will be monitored and quantified by numerical measurements which include: full compliance with security measures [100% of the time], staffing stability (no more than 2 per year), and substantiated patient/staff complaints (no more than 2 per year/per provider), this includes the APLSS scores as well as written complaints by the staff. Contractor performance in regards to personnel exceeding or not meeting the minimum qualification standards; provider and contractor relationship with hospital staff/government contracting personnel; compliance with hospital policy and procedures. All HCPs will be within 2 standard deviations of the average number of patients seen by department providers. HCPs must meet patient standard of care/guidelines and are subject to provider peer review. Complete charting IAW with regulatory guidance. Provider will be required to legibly complete the department’s documentation with history & physical, review of systems, diagnosis, disposition and signature. Charting will be complete at the end of each emergency visit and upon discharge of patient. Emergency visit will include a review of any/all laboratory and radiology results in support of treatment and diagnosis.

1.8.4. Performance Reports, will be provided by the COR annually to ensure acceptable performance of the contract; annual reports provided by COR to Contracting Officer after completion of each performance period will be reported to the DoD Past Performance Information Management System (PPIMS).

1.8.5. MTF Formulary. Contractor HCP authorized to prescribe pharmaceuticals shall do so according to the availability of drugs listed therein. The pharmacy services will provide instructions to all prescribing contract physicians on substitutions and generic drugs for prescribed drugs. The Contractor HCP shall follow the procedures of the MTF when prescribing drugs.

1.8.6. The Contractor shall be responsible for the security of all patient information.

1.8.7. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.8.8. 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 contracting officer representative (COR) and the contracting officer.

1.8.9. The Contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the Government, in writing, and updated as necessary throughout the contract period. The contractor must designate the point of contact prior to the start of contract performance.

1.8.10. 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 must be surrendered to the COR.

1.8.11. Contractor Verification System (CVS) for contractors at Army Facility

1.8.12.. 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.

1.8.13. The Contractor shall comply with agency personal identity verification procedures in all subcontracts when the subcontractor is required to have physical access to a federally-controlled facility or access to a Federal information system.

1.8.14. The contractor shall ensure compliance with the provisions set forth below. For purposes of FAR Clause 52.204-9, the Government will designate a Trusted Agent (TA), and the contractor shall designate a Facility Security Officer (FSO), for this contract. The Government reserves the right to amend or supplement these provisions pursuant to the changes clause in the contract.

1.8.15. In-processing Requirements. Contractor personnel are prohibited from performing services under this contract absent compliance with the in-processing requirements set forth below.

1.8.16. For every contract service provider, the FSO shall provide the following information to the TA for input into the DEERS/RAPIDS System:

(a) Last Name

(b) First Name

(c) Middle Name

(d) Social Security Number

(e) Date of Birth

(f) E-mail Address (may be either the e-mail address of the incoming individual or the FSO).

1.8.17. 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.

1.8.18. 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.

1.8.19. 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.

1.8.20. 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 service provider shall contact the TA and comply with the TA’s guidance to attempt to correct and resolve the issues.

1.8.21. Upon approval of the 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, the individual must present with two forms of ID, one must be a picture ID. The e-mail will contain a URL to download the form. Acceptable forms of ID to include: Driver’s License, Military ID, Contractor Company ID with picture and expiration date, charge card with picture imprinted, and passport.

1.8.22. Revalidation Requirements. 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.

1.8.23. Out-processing Requirements. When a contract service provider’s performance under this contract ceases, the contractor or FSO shall provide written notice to the TA. The TA will remove the contract service provider from the DEERS/RAPIDS System. The contractor shall ensure the contract service provider’s CAC is turned in to the Government IAW the out-processing procedures and further guidance from the contracting officer.

1.8.24. The contractor is responsible for absences of contract service providers due to expired identification and access documents. Such absences shall not relieve the contractor of its obligation to perform the health care services required under this contract.

1.8.25. The contract health care providers shall immediately report any lost or stolen badges to the COR.

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

1.8.27. A Quarterly review of the Contract Physicians will be conducted by the Chief of the Department. Reviews will be done on those standards of performance in this section as well as Attachment #5 Performance Requirement Summary.

1.9. SCHEDULE/PERIOD OF PERFORMANCE

1.9.1. Total clinical hours shall not be less than four (4) shifts per month. Clinical shifts tour of duty includes the following shifts 0700-1600, 0700-1900, 1000-2200, 1100-2300, 1400-0200, 1500-2400, 1900-0700, and 2200-0700 in order to meet the need and mission for the Emergency Department. Shift tour hours are 9 and 12 hours Sunday through Saturday to include days, evenings, nights, weekends and federal holidays. In addition to the four shifts a month the contractor HCP shall work at least one shift every 30 days in order to keep the CAC(Computer Access Card) active.

1.9.2. Absences. When anticipated Contractor HCP have not reported for duty, become ill, or are unable to work during a scheduled shift they must immediately contact the Government Supervisor and the COR.

1.9.3. Absences due to an emergency shall be called immediately to the Government Supervisor or designee and the COR.

1.9.4. Absences such as vacations shall be coordinated and approved at least 45 days in advance and mutually agreed upon by the Government Supervisor and the Contractor.

1.9.5. Contractor HCP working under this contract shall be paid only for hours actually worked at the hourly rates established in the contract. Payment to the Contractor will not be made for temporary work stoppage due to circumstances beyond the control of the Medical Treatment Facility, such as acts of god, inclement weather, power outages, or temporary closing of facilities.

1.9.5. Facility Closures. Department of Emergency Medicine HCPs is MISSION ESSENTIAL and may be added to department ALERT ROSTER. During anticipated closure of the facility due to Command declared training holidays or during unplanned closure of the facility due to natural disasters, military emergencies,…