W91YTZ-16-R-0073_0003.docx

W91YTZ-16-R-0073

W91YTZ-16-R-0073

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 09-Sep-2016 02:00 PM to 21-Feb-2017 10:00 AM.

The Issued By organization below has been deleted:

W40M NORTHERN REGION CONTRACT OFC

NORTHERN REG CONTR OFC NRCO

6021 5TH ST BLDG 1467

FORT BELVOIR VA 22060-5580

The following have been added by reference:

The following have been added by full text:

ADDENDUM TO 52.212-1

ADDENDUM TO 52.212-1

FAR 52.212-1 is hereby amended to reflect the changes shown below as to the specific paragraph revised

Para (a) Submission of Offers. The following amends this paragraph with respect to the information and documents required for submission in response to this solicitation and requirements for oral presentation of those proposals determined to be in the competitive range.

(1) ELECTRONIC OFFERS. Offerors may submit electronic offers in response to this solicitation. The offer must arrive by the time specified in the solicitation to the following email address:

wesley.j.harris15.civ@mail.mil

(2) Offeror must email Wesley J. Harris to verify receipt of the offer. The Government will not be responsible for any failure of transmission or receipt of the offer, or any failure of the offeror to verify receipt of the emailed offer. All questions pertaining to this requirement must be received electronically by COB February 15 2017.

(3) The Government intends to award a firm fixed-price personal services contract under the authority of 10 U.S.C. 1089 and 10 U.S.C. 1091.

(4) SUBMISSION OF OFFERS. The solicitation should be completed, signed and received at this office not later than the date/time specified in Block 8 of the solicitation (Standard Form [SF] 1449). Please note that your offer must include all of the following information. Submit proposal in two separate parts as follows:

PART I: TECHNICAL INFORMATION. The contractor shall provide a written Compensation/Retention Plan. The following will be outlined in the Compensation/Retention Plan submitted as Attachment #1: 1) The Compensation/Retention Plan will include the offeror’s compensation plan for its health care providers; and 2) shall specifically provide, by CLIN, a breakout of the health care provider’s base salary, fringe and other benefits, as well as the contractor’s indirect costs. Offerors must propose a base salary which is at least commensurate with salaries paid for similar health care providers in the local area in order to be technically acceptable. If the salary is less than the amount paid in the local area, the offeror must demonstrate that its compensation and retention plan is adequate to retain quality health care providers and ensure uninterrupted performance of services throughout the life of the contract.

PART II: PAST PERFORMANCE. Offeror is required to submit information, on a single page, identifying federal, state and local government and private contracts performed within the past three years, which are similar in scope, type of work, and complexity to the effort described in this solicitation. If none, offeror should so state and provide information on references. All offerors must submit a copy of the past performance questionnaire submitted as Attachment #8 to each individual listed in the past performance proposal. The questionnaire should be emailed or faxed directly to wesley.j.harris15.civ@mail.mil ON OR BEFORE 11:00AM (Eastern Standard Time) 15 February 2017. The offeror should instruct POCs not to send a copy back to the offeror, but to the POC listed on the questionnaire. Information provided by the contractor shall state:

a) The type of service provided (should be similar to services being requested).

b) Name, telephone and fax numbers of a point of contact in the administering contracting office, -award/contract number, the term of the contract, the total amount, and number and types of personnel furnished.

It is the offeror’s responsibility to ensure that their references submit the Questionnaire to the Government. The Government is not responsible for the failure of any source to respond to a request for a past performance assessment on a timely basis.

PART II: PRICE. If the prices are the same for each contract period, provide one schedule and state that the schedule applies to all contract periods. The information provided in this schedule will be used to assist in the cost fairness and reasonable analysis described in EVALUATION OF THE PROPOSED PRICES, in ADDENDUM TO FAR 52.212-2, EVALUATION – COMMERCIAL ITEMS.

A complete proposal package must include the following:

4) Signed amendments (if any).

5) Representations and Certifications found at FAR 52.212-3 Alt 1, 52.209-7 and 52.219-28 MUST be completed and returned as part of the proposal submission.

6) PROCESS FOR AWARD. The Government will make a best value lowest price technically acceptable (LPTA) award consistent with the evaluation criteria discussed in the FAR 52.212-2 and the Addendum to FAR 52.212-2. Discussions may be conducted whenever the Contracting Officer deems it appropriate. This contract will be awarded strictly in accordance with the criteria and process established in FAR Part 12.

(7) BASIS FOR AWARD. Award will be made to the offeror provided its technical proposal conforms to the requirements of the solicitation; its price is determined to be fair and reasonable by the contracting officer; and the contracting officer determines the offeror is responsible.

(8) SUBMISSION OF OFFERS. The solicitation should be completed, signed and received at this office not later than the date/time specified in Block 8 of the solicitation (Standard Form [SF] 1449).

(9) ELECTRONIC SUBMISSION OF DOCUMENTS: The contractor is also required to provide one each (1) sanitized copies (without company logo, names, individual's names, CAGE Code, etc) of the Part I Technical volume (only) of the proposal and Compensation Plan, and one (1) unsanitized copy of each emailed no later than the solicitation date and time.

1. Introduction. The offeror’s electronic proposal shall be submitted as set forth below.

The proposal shall consist of three (3) volumes. The Part I – Technical, Part II –Past Performance, and Price III – Price.

Offerors are cautioned that “parroting” of the Technical requirements or the PWS with a statement of intent to perform does not reflect an understanding of the requirement or capability to perform. Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each proposal. Proprietary information shall be clearly marked.

2. PROPOSAL SUBMISSION REQUIREMENTS

a. Each volume shall be submitted in an electronic format to wesley.j.harris15.civ@mail.mil. Any revisions will be clearly marked (as a result of negotiations or proposal revisions). Each file shall be clearly identified i.e. Part 1 Technical, Part II Past Performance, Part III Price. In addition to the above, one "sanitized" copy of the Part I Technical volume ONLY of the proposal and the Compensation Plan shall be submitted via email to the contract specialist prior to the closing date and time of the solicitation.

b. Paragraph shall be separated by at least one blank line. A standard, 12-point minimum font size applies. Arial or New Times Roman fonts are required. Tables and illustrations may use a reduced font size no less than 8-point and may be landscape.

c. The following volumes of material shall be submitted:

VOLUME TITLE COPIES PAGES

Compensation Plan Original electronically+1 sanitized email 1 for each Provider type

* Not to exceed 15 pages including sub-factors.

Para (b) Contract award. This is amended to provide that the Government may conduct discussions prior to contract award at its sole discretion.

Para (c) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said codes and registration in the System Award Management (SAM) and the Online Representations and Certifications, if you are a US firm is mandatory. Award cannot and shall not be made to an offeror without these codes.

Para (d) Proposal Preparation Costs. The Government will not pay any costs incurred in the submission of an offer, in making any necessary studies for the preparation thereof, or for any visit(s) the Contracting Officer may request for the purpose of clarification of the offer.

Para (e) The offeror is responsible for ensuring that its proposal is complete. The proposal shall be clear, concise, and shall include sufficient detail for effective evaluation and for substantiating the validity of any stated claims. The proposal shall not simply rephrase or restate the Government's requirements, but rather shall provide convincing rationale to address how the offeror intends to perform the requirement. Offerors shall assume that the government has no prior knowledge of their experience and will base its evaluation solely on the information presented in the offeror's proposal.

Para (f) Protests received at a level higher than the contracting officer will be referred to the contracting officer. Protestor may request a review by the contracting officer or an independent review at a level higher than the contracting officer. Requests for appeals or independent review will be addressed to the contracting officer for referral to the review authority. Questions on this process will be referred to the cognizant contracting officer identified in the solicitation.

Para (g) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL provisions included herein are incorporated into this solicitation either by reference or in full text. If incorporated by reference, see provision 52.252-1 herein for locations where full text can be found.

(End of Provision)

ADDENDUM TO 52.212-2

ADDENDUM TO 52.212-2

Award will be made using the lowest price technically acceptable (LPTA) source selection process. Award will be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Award maybe made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

Paragraph (a) is hereby supplemented with the following:

The Government will evaluate each proposal strictly in accordance with its contents. A proposal that is unrealistic in terms of technical quality will be deemed reflective of an inherent lack of technical competence or indicative of failure to comprehend the complexity and risks of the contractual requirements. Such proposals may be determined unacceptable.

The government will initially list proposals from lowest to highest price.

The government will evaluate the Technical Acceptability of the 5 lowest priced proposals first. If one of those proposals is rated Technically Acceptable, the government will not evaluate any other proposals. If those proposals are determined technically unacceptable, the government will evaluate the next 5 lowest priced proposals and continue in that manner until a proposal is rated Technically Acceptable. If a proposal is rated Technically Unacceptable, the government will not evaluate any other factor.

ALL PROPOSALS MAY NOT BE EVALUATED

Award will be made using the lowest price technically acceptable (LPTA) source selection process. Award will be made to the responsible offeror on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. Award maybe made without discussions with offerors (except communications conducted for the purpose of minor clarification). Therefore, each initial offer should contain the offeror's best terms from a technical and price standpoint. However, the Government reserves the right to conduct discussions if it is later determined by the contracting officer to be necessary.

PART I: TECHNICAL EVALUATION.

The Compensation and Retention Plan will be evaluated to determine the adequacy of the offeror’s proposed compensation and retention plan to recruit and retain quality individual health care providers (HCPs). The primary determinant will be the base salary paid to the individual HCP. Offerors must propose a base salary which is at least commensurate with salaries paid for similar health care providers in the local area in order to be technically acceptable. This salary in almost all instances exceeds the prevailing wage rates in the Department of Labor’s wage determination for a locality. The Government has developed an independent government estimate (IGE) based upon its assessment of base salaries paid in the local area as well as salaries paid on current contracts. The IGE will be used as the baseline in determining the adequacy of the salaries proposed by the offerors. Compensation/Retention Plans will be evaluated as realistic in terms of its impact upon recruitment and retention. A low, or no Compensation/Retention Plan, may be viewed as evidence of failure to comprehend the complexity of the contract requirements or appropriate compensation levels for geographic area where performance will take place. Offerors which propose low base salaries, particularly below rates paid in the local area, will have the burden of establishing that their plans will result in the retention of quality personnel and the uninterrupted performance of services throughout the life of the contract.

Technical will be evaluated as either Acceptable or Unacceptable. Best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

Definitions are as follows:

Technical Acceptable/Unacceptable Ratings

requirements of the solicitation.

requirements of the solicitation.

Note: To receive consideration for award, a rating of acceptable must be achieved for the technical factor.

PART II. Past Performance. The offeror’s performance will be rated in terms of performance risk. A performance risk rating (acceptable or unacceptable) will be assigned dependent upon the evaluator’s assessment of the level of confidence in the offeror’s performance record . Past Performance will be evaluated based on assessments of the performance under current and prior contracts for the last three years.

The information which will be used for evaluation will be obtained from those presented in the Offer’s past performance documentation, the Contractor Performance Assessment Reporting Systems (CPARS) http://www.cpars.csd.disa.mil/cparsmain.htm, and any other sources. The Government may reject a proposal if it is found that any information that has a negative impact on the offeror’s past performance record has been deleted, misrepresented, or withheld. Past performance surveys should be based upon performance of like services to those in this solicitation.

The following adjectival ratings will be used in evaluating each offeror’s past performance proposal.

Past Performance Evaluation Ratings

Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability/unacceptability, “unknown” shall be considered “acceptable.”

Evaluation of past and present performance will be subjective based on consideration of all relevant facts and circumstances. The currency, content, general trends, and relevance of the information in contractor's performance will be considered. Providing incorrect references and phone numbers may render your proposal as unacceptable.

The government may also consider and use any additional information from its own files, databases such as the Past Performance Information Retrieval System, references provided by the offeror, or from any source it deems appropriate. The Government may survey references to verify information provided and may survey other sources known to the Government.

If adverse past and present performance information is obtained, the respective point of contact may be contacted to obtain additional information about the circumstances surrounding the situation. Offerors will be given an opportunity to address unfavorable reports of past and present performance to which the offeror has not had a previous opportunity to respond. The offeror's response, or lack thereof, will be taken into consideration. If an offeror does not have a past and present performance history relating to the solicitation, the offeror will not be evaluated favorably or unfavorably, and a neutral rating will be given for this factor. Offerors receiving a rating of neutral will be considered for award.

PART II: PRICE. Price will be evaluated separately from the technical factor and will be evaluated for fairness and reasonability in terms of:

A. All vendors’ prices must be deemed to be fair and reasonable to qualify for award.

B. Given that FAR 52.217-8 provides that the Government may exercise the Option to Extend Services at the rates specified in the contract (i.e., the rates in effect when the Extension of Services option is exercised), for purposes of evaluating the Option to Extend Services, the Contracting Officer will consider the prices submitted for the base year and each option year, since those are the binding prices should the Option to Extend be exercised.

C. Price analysis techniques will be used to evaluate an offeror’s proposal, but price will not be scored. Pricing will be evaluated for fairness and reasonableness in terms of the Government’s requirements. The Government is interested in proposals that meet the requirements with acceptable risk, at a fair and reasonable price.

(End of provision)

ADDENDUM TO 52.212-4

ADDENDUM TO 52.212-4

(w) The non-FAR Part 12 discretionary FAR and DFARS clauses included herein are incorporated into this contract either by reference or in full text. If incorporated by reference, see clause 52.252-2 herein for locations where full text can be found.

(End of Addendum)

52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN CERTIFIED COST OR PRICING DATA (OCT 2010)

(a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offerors may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable.

(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.

(ii) Commercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include--

(A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities;

(B) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market;

(C) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.

(2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the offeror's determination of the prices to be offered in the catalog or marketplace.

(b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:

(1) The offeror shall prepare and submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I.

As soon as practicable after agreement on price, but before contract award (except for unpriced actions such as letter contracts), the offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.

(End of provision)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)

(a) Definitions. As used in this clause (in accordance with 29 CFR 13.2)--

Child, domestic partner, and domestic violence have the meaning given in 29 CFR 13.2.

Employee--(1)(i) Means any person engaged in performing work on or in connection with a contract covered by Executive Order (E.O.) 13706; and

(A) Whose wages under such contract are governed by the Service Contract Labor Standards statute (41 U.S.C. chapter 67), the Wage Rate Requirements (Construction) statute (40 U.S.C. chapter 31, subchapter IV), or the Fair Labor Standards Act (29 U.S.C. chapter 8);

(B) Including employees who qualify for an exemption from the Fair Labor Standards Act's minimum wage and overtime provisions;

(C) Regardless of the contractual relationship alleged to exist between the individual and the employer; and

(ii) Includes any person performing work on or in connection with the contract and individually registered in a bona fide apprenticeship or training program registered with the Department of Labor's Employment and Training Administration, Office of Apprenticeship, or with a State Apprenticeship Agency recognized by the Office of Apprenticeship.

(2)(i) An employee performs ``on'' a contract if the employee directly performs the specific services called for by the contract; and

(ii) An employee performs ``in connection with'' a contract if the employee's work activities are necessary to the performance of a contract but are not the specific services called for by the contract.

Individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship has the meaning given in 29 CFR 13.2.

Multiemployer plan means a plan to which more than one employer is required to contribute and which is maintained pursuant to one or more collective bargaining agreements between one or more employee organizations and more than one employer.

Paid sick leave means compensated absence from employment that is required by E.O. 13706 and 29 CFR part 13.

Parent, sexual assault, spouse, and stalking have the meaning given in 29 CFR 13.2.

United States means the 50 States and the District of Columbia.

(b) Executive Order 13706. (1) This contract is subject to E.O. 13706 and the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the E.O.

(2) If this contract is not performed wholly within the United States, this clause only applies with respect to that part of the contract that is performed within the United States.

(c) Paid sick leave. The Contractor shall--

(1) Permit each employee engaged in performing work on or in connection with this contract to earn not less than 1 hour of paid sick leave for every 30 hours worked;

(2) Allow accrual and use of paid sick leave as required by E.O. 13706 and 29 CFR part 13;

(3) Comply with the accrual, use, and other requirements set forth in 29 CFR 13.5 and 13.6, which are incorporated by reference in this contract;

(4) Provide paid sick leave to all employees when due free and clear and without subsequent deduction (except as otherwise provided by 29 CFR 13.24), rebate, or kickback on any account;

(5) Provide pay and benefits for paid sick leave used no later than one pay period following the end of the regular pay period in which the paid sick leave was taken; and

(6) Be responsible for the compliance by any subcontractor with the requirements of E.O. 13706, 29 CFR part 13, and this clause.

(d) Contractors may fulfill their obligations under E.O. 13706 and 29 CFR part 13 jointly with other contractors through a multiemployer plan, or may fulfill their obligations through an individual fund, plan, or program (see 29 CFR 13.8).

(e) Withholding. The Contracting Officer will, upon his or her own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the Contractor under this or any other Federal contract with the same Contractor, so much of the accrued payments or advances as may be considered necessary to pay employees the full amount owed to compensate for any violation of the requirements of E.O. 13706, 29 CFR part 13, or this clause, including--

(1) Any pay and/or benefits denied or lost by reason of the violation;

(2) Other actual monetary losses sustained as a direct result of the violation; and

(3) Liquidated damages.

(f) Payment suspension/contract termination/contractor debarment. (1) In the event of a failure to comply with E.O. 13706, 29 CFR part 13, or this clause, the contracting agency may, on its own action or after authorization or by direction of the Department of Labor and written notification to the Contractor take action to cause suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(2) Any failure to comply with the requirements of this clause may be grounds for termination for default or cause.

(3) A breach of the contract clause may be grounds for debarment as a contractor and subcontractor as provided in 29 CFR 13.52.

(g) The paid sick leave required by E.O. 13706, 29 CFR part 13, and this clause is in addition to the Contractor's obligations under the Service Contract Labor Standards statute and Wage Rate Requirements (Construction) statute, and the Contractor may not receive credit toward its prevailing wage or fringe benefit obligations under those Acts for any paid sick leave provided in satisfaction of the requirements of E.O. 13706 and 29 CFR part 13.

(h) Nothing in E.O. 13706 or 29 CFR part 13 shall excuse noncompliance with or supersede any applicable Federal or State law, any applicable law or municipal ordinance, or a collective bargaining agreement requiring greater paid sick leave or leave rights than those established under E.O. 13706 and 29 CFR part 13.

(i) Recordkeeping. (1) The Contractor shall make and maintain, for no less than three (3) years from the completion of the work on the contract, records containing the following information for each employee, which the Contractor shall make available upon request for inspection, copying, and transcription by authorized representatives of the Administrator of the Wage and Hour Division of the Department of Labor:

(i) Name, address, and social security number of each employee.

(ii) The employee's occupation(s) or classification(s).

(iii) The rate or rates of wages paid (including all pay and benefits provided).

(iv) The number of daily and weekly hours worked.

(v) Any deductions made.

(vi) The total wages paid (including all pay and benefits provided) each pay period.

(vii) A copy of notifications to employees of the amount of paid sick leave the employee has accrued, as required under 29 CFR 13.5(a)(2).

(viii) A copy of employees' requests to use paid sick leave, if in writing, or, if not in writing, any other records reflecting such employee requests.

(ix) Dates and amounts of paid sick leave taken by employees (unless the Contractor's paid time off policy satisfies the requirements of E.O. 13706 and 29 CFR part 13 as described in 29 CFR 13.5(f)(5), leave shall be designated in records as paid sick leave pursuant to E.O. 13706).

(x) A copy of any written responses to employees' requests to use paid sick leave, including explanations for any denials of such requests, as required under 29 CFR 13.5(d)(3).

(xi) Any records reflecting the certification and documentation the Contractor may require an employee to provide under 29 CFR 13.5(e), including copies of any certification or documentation provided by an employee.

(xii) Any other records showing any tracking of or calculations related to an employee's accrual or use of paid sick leave.

(xiii) The relevant contract.

(xiv) The regular pay and benefits provided to an employee for each use of paid sick leave.

(xv) Any financial payment made for unused paid sick leave upon a separation from employment intended, pursuant to 29 CFR 13.5(b)(5), to relieve the Contractor from the obligation to reinstate such paid sick leave as otherwise required by 29 CFR 13.5(b)(4).

(2)(i) If the Contractor wishes to distinguish between an employee's covered and noncovered work, the Contractor shall keep records or other proof reflecting such distinctions. Only if the Contractor adequately segregates the employee's time will time spent on noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. Similarly, only if the Contractor adequately segregates the employee's time may the Contractor properly refuse an employee's request to use paid sick leave on the ground that the employee was scheduled to perform noncovered work during the time he or she asked to use paid sick leave.

(ii) If the Contractor estimates covered hours worked by an employee who performs work in connection with contracts covered by the E.O. pursuant to 29 CFR 13.5(a)(1)(i) or (iii), the Contractor shall keep records or other proof of the verifiable information on which such estimates are reasonably based. Only if the Contractor relies on an estimate that is reasonable and based on verifiable information will an employee's time spent in connection with noncovered work be excluded from hours worked counted toward the accrual of paid sick leave. If the Contractor estimates the amount of time an employee spends performing in connection with contracts covered by the E.O., the Contractor shall permit the employee to use his or her paid sick leave during any work time for the Contractor.

(3) In the event the Contractor is not obligated by the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, or the Fair Labor Standards Act to keep records of an employee's hours worked, such as because the employee is exempt from the Fair Labor Standards Act's minimum wage and overtime requirements, and the Contractor chooses to use the assumption permitted by 29 CFR 13.5(a)(1)(iii), the Contractor is excused from the requirement in paragraph (i)(1)(iv) of this clause and 29 CFR 13.25(a)(4) to keep records of the employee's number of daily and weekly hours worked.

(4)(i) Records relating to medical histories or domestic violence, sexual assault, or stalking, created for purposes of E.O. 13706, whether of an employee or an employee's child, parent, spouse, domestic partner, or other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship, shall be maintained as confidential records in separate files/records from the usual personnel files.

(ii) If the confidentiality requirements of the Genetic Information Nondiscrimination Act of 2008 (GINA), section 503 of the Rehabilitation Act of 1973, and/or the Americans with Disabilities Act (ADA) apply to records or documents created to comply with the recordkeeping requirements in this contract clause, the records and documents shall also be maintained in compliance with the confidentiality requirements of the GINA, section 503 of the Rehabilitation Act of 1973, and/or ADA as described in 29 CFR 1635.9, 41 CFR 60-741.23(d), and 29 CFR 1630.14(c)(1), respectively.

(iii) The Contractor shall not disclose any documentation used to verify the need to use 3 or more consecutive days of paid sick leave for the purposes listed in 29 CFR 13.5(c)(1)(iv) (as described in 29 CFR 13.5(e)(1)(ii)) and shall maintain confidentiality about any domestic abuse, sexual assault, or stalking, unless the employee consents or when disclosure is required by law.

(5) The Contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours.

(6) Nothing in this contract clause limits or otherwise modifies the Contractor's recordkeeping obligations, if any, under the Service Contract Labor Standards statute, the Wage Rate Requirements (Construction) statute, the Fair Labor Standards Act, the Family and Medical Leave Act, E.O. 13658, their respective implementing regulations, or any other applicable law.

(j) Interference/discrimination.

(1) The Contractor shall not in any manner interfere with an employee's accrual or use of paid sick leave as required by E.O. 13706 or 29 CFR part 13. Interference includes, but is not limited to--

(i) Miscalculating the amount of paid sick leave an employee has accrued;

(ii) Denying or unreasonably delaying a response to a proper request to use paid sick leave;

(iii) Discouraging an employee from using paid sick leave;

(iv) Reducing an employee's accrued paid sick leave by more than the amount of such leave used;

(v) Transferring an employee to work on contracts not covered by the E.O. to prevent the accrual or use of paid sick leave;

(vi) Disclosing confidential information contained in certification or other documentation provided to verify the need to use paid sick leave; or

(vii) Making the use of paid sick leave contingent on the employee's finding a replacement worker or the fulfillment of the Contractor's operational needs.

(2) The Contractor shall not discharge or in any other manner discriminate against any employee for--

(i) Using, or attempting to use, paid sick leave as provided for under E.O. 13706 and 29 CFR part 13;

(ii) Filing any complaint, initiating any proceeding, or otherwise asserting any right or claim under E.O. 13706 and 29 CFR part 13;

(iii) Cooperating in any investigation or testifying in any proceeding under E.O. 13706 and 29 CFR part 13; or

(iv) Informing any other person about his or her rights under E.O. 13706 and 29 CFR part 13.

(k) Notice. The Contractor shall notify all employees performing work on or in connection with a contract covered by the E.O. of the paid sick leave requirements of E.O. 13706, 29 CFR part 13, and this clause by posting a notice provided by the Department of Labor in a prominent and accessible place at the worksite so it may be readily seen by employees. Contractors that customarily post notices to employees electronically may post the notice electronically, provided such electronic posting is displayed prominently on any Web site that is maintained by the Contractor, whether external or internal, and customarily used for notices to employees about terms and conditions of employment.

(l) Disputes concerning labor standards. Disputes related to the application of E.O. 13706 to this contract shall not be subject to the general disputes clause of the contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 13. Disputes within the meaning of this contract clause include disputes between the Contractor (or any of its subcontractors) and the contracting agency, the Department of Labor, or the employees or their representatives.

(m) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (m), in all subcontracts, regardless of dollar value, that are subject to the Service Contract Labor Standards statute or the Wage Rate Requirements (Construction) statute, and are to be performed in whole or in part in the United States.

(End of clause)

252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)

(a) Definitions. As used in this clause-

(1) Essential contractor service means a service provided by a firm or individual under contract to DoD to support mission-essential functions, such as support of vital systems, including ships owned, leased, or operated in support of military missions or roles at sea; associated support activities, including installation, garrison, and base support services; and similar services provided to foreign military sales customers under the Security Assistance Program. Services are essential if the effectiveness of defense systems or operations has the potential to be seriously impaired by the interruption of these services, as determined by the appropriate functional commander or civilian equivalent.

(2) Mission-essential functions means those organizational activities that must be performed under all circumstances to achieve DoD component missions or responsibilities, as determined by the appropriate functional commander or civilian equivalent. Failure to perform or sustain these functions would significantly affect DoD's ability to provide vital services or exercise authority, direction, and control.

(b) The Government has identified all or a portion of the contractor services performed under this contract as essential contractor services in support of mission-essential functions. These services are listed in attachment --, Mission-Essential Contractor Services, dated --------.

(c)(1) The Mission-Essential Contractor Services Plan submitted by the Contractor, is incorporated in this contract.

(2) The Contractor shall maintain and update its plan as necessary. The Contractor shall provide all plan updates to the Contracting Officer for approval.

(3) As directed by the Contracting Officer, the Contractor shall participate in training events, exercises, and drills associated with Government efforts to test the effectiveness of continuity of operations procedures and practices.

(d)(1) Notwithstanding any other clause of this contract, the Contractor shall be responsible to perform those services identified as essential contractor services during crisis situations (as directed by the Contracting Officer), in accordance with its Mission-Essential Contractor Services Plan.

(2) In the event the Contractor anticipates not being able to perform any of the essential contractor services identified in accordance with paragraph (b) of this clause during a crisis situation, the Contractor shall notify the Contracting Officer or other designated representative as expeditiously as possible and use its best efforts to cooperate with the Government in the Government's efforts to maintain the continuity of operations.

(e) The Government reserves the right in such crisis situations to use Federal employees, military personnel, or contract support from other contractors, or to enter into new contracts for essential contractor services.

(f) Changes. The Contractor shall segregate and separately identify all costs incurred in continuing performance of essential services in a crisis situation. The Contractor shall notify the Contracting Officer of an increase or decrease in costs within ninety days after continued performance has been directed by the Contracting Officer, or within any additional period that the Contracting Officer approves in writing, but not later than the date of final payment under the contract. The Contractor's notice shall include the Contractor's proposal for an equitable adjustment and any data supporting the increase or decrease in the form prescribed by the Contracting Officer. The parties shall negotiate an equitable price adjustment to the contract price, delivery schedule, or both as soon as is practicable after receipt of the Contractor's proposal.

(g) The Contractor shall include the substance of this clause, including this paragraph (g), in subcontracts for the essential services.

(End of clause)

The following have been modified:

PERFORMANCE WORK STATMENT

PERFORMANCE WORK STATEMENT

CLINICAL PHARMACIST & PHARMACY TECHNICIAN

KENNER ARMY HEALTH CLINIC, FORT LEE, VA

TABLE OF CONTENTS

TITLE

1.0. Introduction

1.1. General

1.2. Standard of Performance

1.3. Schedules/Period of Performance

1.4. Personal Appearance

1.5. Health and Immunization Requirements

1.6. Credentialed Personnel

1.7. Mobilization and Other Contingency Planning

1.8. Contractor HCP Furnished Supplies/Services

1.9. Government Furnished Services / Supplies

1.10. Government Furnished Services

1.11. Description of Work. (See Attachment 1)

1.12. Deliverables

2.0. Definitions/Acronyms

2.1. Definitions

2.2. Acronyms

3.0. Applicable Technical Orders, Manuals, Regulations, Directives and Forms

4.0. Attachment/Technical Exhibit List

1. 0. INTRODUCTION.

1.0.1. The Contractor shall provide individual healthcare support for Kenner Army Health Clinic (KAHC) Ft Lee VA. The services will be of a nature and scope described in the paragraphs below. The Contractor will work in conjunction with other healthcare providers, professionals, and non-contract personnel. The Contractor shall provide the personal services of a Clinical Pharmacist to perform services of the nature and scope described in the applicable 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 by laws, including Medical Staff By laws, as well as applicable Army regulations governing such things as medical records.

1.1. GENERAL.

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 performance of healthcare services by the individual contract health care providers under a personal services contract are subject to day-to-day supervision and control by healthcare facility personnel comparable to that exercised over military and civil service health care providers engaged in comparable healthcare services. Any personal injury claims alleging negligence by the individual contract health care providers within the scope of the health care provider’s performance of the personal services contract shall be processed by Department of Defense (DoD) in the same manner as claims alleging negligence by DoD military or civil service health care providers. 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 authority for this contract is 10 United States Code 1089 and 10 United States Code 1091.

1.1.2. Professional Liability. Pursuant to 10 USC 1089(a), DoD shall process any personal injury claim alleging negligence by the 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.

1.1.3. 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. 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.

1.1.6.2. 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.

1.1.6.3. 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 non-privileged personnel.

1.1.7.