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blon,
L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
Employment Law I Government Contracts I Business Law I Civil Litigation I ABC Law I Criminal Defense I Family Law
March 17, 2016
Cyrus E. Phillips IV
Headquarters/Arlington Office
(757) 378-2917 Direct Line
(703) 312-0415 Facsimile
(703) 819-5944 Mobile
[email protected]
VIA ELECTRONIC MAIL
Office of General Counsel
U.S. Government Accountability Office-PLCG
441 G. Street, N.W.
Washington, D.C. 20548
Re: Second Post-Award Procurement Protest of D.H. Porter Enterprises, LLC (dba
Staffing Etc.) Under Defense Health Agency Request for Quotations Number HT001416-Q-OOOI.
Gentlemen:
This is the second Post-Award Procurement Protest filed on behalf ofD.H. Porter Enterprises, LLC (dba Staffing Etc.), a Maryland for-profit Corporation whose Office is at 9410
Annapolis Road, Suite 200, Lanham, Maryland 20706 (Staffing Etc.). This second PostAward Procurement Protest succeeds the matter before your Office as B-412799. B-412799
was filed on March ist, 2016 and voluntarily withdrawn on March lPh, 2016.
Staffing Etc. challenges the Award to The Royster Group, Atlanta, Georgia (Royster) of a
$54,856,437.73 Task Order for delivery of twenty-four Anesthesiologist positions at the Walter Reed National Military Medical Center (WRNMMC). The Award is made under Defense
Health Agency Request for Quotations HT0014-16-Q-0001, a Solicitation for a Task Order
issued, under Federal Acquisition Regulation (FAR) 8.405-5(a)(l}(i), to qualifying 8(a) Small
Businesses holding Federal Supply Schedule Contracts.
The Solicitation document is Attachment 1 to this second Post-Award Procurement Protest. Award was made on a Lowest-Price Technically-Acceptable (LPTA) basis. Technical
acceptability and price were equal in value. Attachment 1, Request for Quotations Number
HT0014-16-Q-0001, page 102 of 135. Although an Award without discussions was intended,
Defense Health Agency reserved the right to initiate discussions/negotiations, but there were
no communications with Staffing Etc. before the Award to Royster. Id., at page 117 of 135.
Request for Quotations Number HT0014-16-Q-0001 created subcategories of Anesthesiologist positions that exist in none of the Offeror' s Federal Supply Schedule Contracts. These
include a "General Anesthesiologist," a "Pain Anesthesiologist," a "Neuro Anesthesiologist,"
a "Cardio-Thoracic Anesthesiologist," a Regional Pain Anesthesiologist," and a "Pediatric
Anesthesiologist". Id., at pages 3 through 23 of 135. The qualifications and duties/tasks for
these subcategories of Anesthesiologist positions are set out in Request for Quotations Number HT0014-16-Q-0001. Id., at pages 76 through 85 of 135. The qualifications and duties/tasks for these subcategories of Anesthesiologist positions likewise exist in none of the
Offeror's Federal Supply Schedule Contracts.
The Solicitation continues deliveries of three Anesthesiologist positions at WRNMMC
being furnished by Staffing Etc. under a Contract with Defense Health Agency. This Contract
is in effect from June 2014 through April 2016, and it succeeds an earlier Contract in effect
from February 2012 through May 2014. Staffing Etc. began in August 2003 providing health
care services at WRNMMC.
Staffing Etc. received on Tuesday, March 8th, 2016 a written FAR 8.405-2(d) Debriefing
from Defense Health Agency. This written Debriefing is Attachment 2. Defense Health
Agency asserts, in this written Debriefing, that Staffing Etc.'s compensation rates were unacceptable. Here is that reasoning:
Specifically, the Government evaluated the wage rates (base salary+ fringe benefits)
proposed to ensure the hourly salary for the Anesthesiologists was realistic in terms
of attracting and retaining these essential services for WRNMMC Department of
Surgery. Your proposed wage rates (base salary + fringe benefits) ranged between
14% - 24% less than the Independent Government Cost Estimate's rates. In addition, the wage rates (base salary+ fringe benefits) proposed were the same for all
labor categories for all periods at $189 per hour and did not reflect a differential for
-2-
the specialized positions with their associated qualifications, which were identified
in the performance work statement.
This office's assessment was that your proposed rates were not realistic, that the
rates proposed were insufficient and that such rates would not successfully attract
and retain qualified Anesthesiologists nor minimize employee turnover. Thus, the
technical evaluation was that your proposal was unacceptable.
Attachment 2, page 2 of 2.
As for its First Ground of Protest, Staffing Etc. asserts that FAR Subpart 8.4-Federal
Supply Schedules requires that all Items quoted by an Offeror and ordered by an Agency
must be available on the Offeror's Schedule Contract. Staffing Etc. has one commercial Price
set out for the Anesthesiologist position in its Federal Supply Schedule Contract, and it
cannot be technically-unacceptable for Staffing Etc. to, as required by that Federal Supply
Schedule Contract, to have used uniformly that commercial Price for each one of the subcategories of Anesthesiologist positions set out only in Request for Quotations Number HT0014-16-Q-0001. Your Office has explained:
We note as well that GSA's underlying premise-that SOSI could identify a labor
category under its FSS contract that did not meet all of the requirements of the PWS,
but could somehow enhance or alter the narrative description and qualifications of
that labor category through the technical portion of its quotation-reflects a fundamental misunderstanding of the nature of FSS contracting. The labor categories
identified and described in each firm's underlying FSS contract are fixed, discrete,
specific labor category descriptions that are contractually binding and not subject
to alteration, just as the technical specifications for products available under a firm's
FSS contract are fixed, discrete, specific, contractually binding, and not subject to
alteration. See American Systems Consulting, Inc., B-294644, Dec. 13, 2004, 2004
Comp. Gen. Proc. Dec.! 247 at 10-11.
To the extent a quoted labor category description under a firm's FSS contract does
not, in the words of GSA, "align precisely" with the requirements of a given solicitation, the firm may not properly alter the underlying labor category description
through the terms of its quotation. Rather, where a firm's quoted labor category
description does not align with the requirements of the solicitation, it means that
-3-
the quoted labor category does not meet the requirements of the solicitation, and
therefore cannot serve as the basis for issuing a task order to the firm. American
Systems Consulting, Inc., supra. at 10-11. ...
AllWorld Language Consultants, Inc., B-411481.3, January 6th, 2016, 2016 U.S. Comp. Gen.
LEXIS 19, *11-*12.
As for its Second Ground of Protest, Staffing Etc. asserts that it was arbitrary, capricious
and unreasonable for Defense Health Agency to have concluded that Staffing Etc.'s pricing
was unrealistic "in terms of attracting and retaining these essential services" without first
considering whether Staffing Etc. was experiencing, or had experienced, staffing and retention problems for the three Anesthesiologist positions which Staffing Etc. is already providing to Defense Health Agency at WRNMMC.
Defense Health Agency could have asked. Had it done so, Staffing Etc. would have explained that Staffing Etc.'s compensation structure (base salary+ fringe benefits) was based
on Staffing Etc.'s knowledge of the market and current pricing for Anesthesiologist services
at WRNMMC. As an incumbent provider, Staffing Etc. utilized its current compensation
plan that has allowed it to maintain a one-hundred percent retention rate on its current Anesthesiologist Contract with Defense Health Agency. Staffing Etc.'s market research demonstrated that all of the subcategories of Anesthesiologist positions set out in Request for Quotations Number HT0014-16-Q-0001 were priced at similar rates. Again, neither Staffing Etc.
nor Royster, nor any other Offeror, offer different commercial pricing on their Federal Supply Schedules for the subcategories of Anesthesiologist positions which are set out only in
Request for Quotations Number HT0014-16-Q-0001.
Staffing Etc. placed its compensation rate above the fiftieth percentile for Anesthesiology
positions in the Bethesda, Maryland area (the location of Task Order performance). Staffing
Etc. discounted its Federal Supply Schedule pricing based upon decreasing its overall profit
margin but not decreasing compensation or fringe benefits to its current incumbent providers. Under Staffing Etc.'sQuotation, these Anesthesiologists would be compensated at the
same rate as their current compensation and in the same manner, and benefits would remain
the same.
-4-
JURISDICTION
Your Office has been given, under 31 U.S.C. § 3552(a), Jurisdiction over Post-Award
Procurement Protests concerning Awards, 31 U.S.C. § 3551(1)(C), made by Federal Agencies, 31 U.S.C. § 3551(3), which are challenged by an Interested Party, 31 U.S.C. § 3551(2)(A).
The term "Federal Agency" in 31 U.S.C. § 3551(3) encompasses, per 40 U.S.C. § 102(5), "an
executive agency or establishment in the legislative or judicial branch of the Government ..
.. " Defense Health Agency is one such Federal Agency. Staffing Etc. is an Interested Party
already furnishing Anesthesiologist services whose continuation was competed under Request for Quotations Number HT0014-16-Q-0001. Staffing Etc. submitted a Quotation and
has a direct economic interest which is affected by Award to Royster of the promised Task
Order.
Your Office's Protest Jurisdiction extends to violations of "a procurement statute or regulation." 31 U.S.C. § 3552(a). The Award of the promised Task Order to Royster violates FAR
Subpart 8.4-Federal Supply Schedules.
TIMELINESS
This second Post-Award Procurement Protest is timely filed under 4 C.F.R. § 21.2(a)(2)
because it is filed before 5:00 p.m. on Friday, March 18th, 2016 and within ten calendar days
after the date the required Debriefing was provided to Staffing Etc.
SUSPENSION OF AWARD
Defense Health Agency has agreed that it will maintain the "status quo ante" of the three
Anesthesiologist positions which Staffing Etc. is furnishing at WRNMCC while this second
Post-Award Procurement Protest is before your Office.
NOTICE TO CONTRACTING OFFICER
The Defense Health Agency's Contracting Officer's name, address, telephone numbers,
and electronic mail address are set out below. Under 4 C.F.R. § 21.l(e) an electronic copy of
this Post-Award Procurement Protest and its Attachments, all in Adobe Acrobat Portable
Document Format, is being furnished by electronic mail today to the Contracting Officer.
-5-
REQUESTS FOR PRODUCTION OF DOCUMENTS
Under 4 C.F.R. § 21.l(d)(2), Staffing Etc. requests that Defense Health Agency produce,
besides the documents described in 4 C.F.R. § 21.3(d), all documents touching upon the assertion in the written Debriefing that Staffing Etc.'s Quotation is not technically-acceptable.
REQUEST FOR RELIEF
Staffing, Etc. requests a ruling on the matters by the Comptroller General of the United
States, and Staffing Etc. requests that the Comptroller General of the United States decide
that the Award to Royster of the promised Task Order is unreasonable, else arbitrary or capricious. The Comptroller General should recommend that the Task Order awarded to Royster
be terminated.
Additionally, Staffing Etc. requests a ruling it is entitled to an Award of its protest costs
and attorney fees, 4 C.F.R. § 21.S(d)(l), and should the Request for Quotations be cancelled
or substantially revised, to an Award of its proposal preparation costs, 4 C.F.R. § 21.8(d)(2).
Kind regards,
ALBO & OBLON, L.L.P.
Attachments (as stated)
-6-
Cc:
Martin Rios
Contracting Officer
DHA-CODNCR
2900 Crystal Drive, Suite 210
Arlington, Virginia 22202
Phone:
(301) 319-2761
Electronic Mail: martin.rios l [email protected]
(W/cys of attachments)
(Via electronic mail)
Bridget E. Lyons
Associate General Counsel
Office of the General Counsel
Office of the Assistant Secretary of Defense
Health Affairs
7700 Arlington Boulevard, Suite 5101
Falls Church, Virginia 22042-5101
Phone:
(703) 325-0616
Electronic Mail: [email protected]
(W/cys of attachments)
(Via electronic mail)
-7-
ATTACHMENT 1
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
1. REQUISITION NUMBER
PAGE 1 OF
135
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
7. FOR SOLICITATION
INFORMATION CALL:
9. ISSUED BY
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
HT0014-16-Q-0001
23-Dec-2015
a. NAME
b. TELEPHONE NUMBER (No Collect Calls)
8. OFFER DUE DATE/LOCAL TIME
EDGAR DUCHEMIN
703-882-3946
09:00 AM 06 Jan 2016
CODE
4. ORDER NUMBER
HT0014
10. THIS ACQUISITION IS
DEFENSE HEALTH AGENCY (COD NCR)
2900 CRYSTAL DRIVE
SUITE 210
CRYSTAL CITY VA 22202
FAX:
11. DELIVERY FOR FOB DESTINA-
X SET ASIDE:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
EDWOSB
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
TEL: 703-325-0700
UNRESTRICTED OR
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
NAICS:
561320
SIZE STANDARD:
X 8(A)
$27,500,000
13b. RATING
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
TION UNLESS BLOCK IS
MARKED
14. METHOD OF SOLICITATION
SEE SCHEDULE
X RFQ
15. DELIVER TO
HT0017
CODE
100 % FOR:
IFB
RFP
16. ADMINISTERED BY
CODE
18a. PAYMENT WILL BE MADE BY
CODE
WALTER REED NATIONAL MILITARY MEDICAL
LANA CLOUSER
8901 WISCONSIN AVE
BETHESDA MD 20889
TEL: 301-400-0644 FAX:
17a.CONTRACTOR/
OFFEROR
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
SUCH ADDRESS IN OFFER
19.
ITEM NO.
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
BELOW IS CHECKED
SEE ADDENDUM
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
SEE SCHEDULE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
25. ACCOUNTING AND APPROPRIATION DATA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
X
1
ADDENDA
X ARE
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED.
ADDENDA
ARE
ARE NOT ATTACHED
X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
1
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFER DATED
. YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
31a.UNITED STATES OF AMERICA
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER
29. AWARD OF CONTRACT: REF.
30c. DATE SIGNED
(SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER
(TYPE OR PRINT)
31c. DATE SIGNED
(TYPE OR PRINT)
TEL:
EMAIL:
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
PAGE 2 OF 135
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
SEE SCHEDULE
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED
INSPECTED
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
32c. DATE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
REPRESENTATIVE
32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER
34. VOUCHER NUMBER
35. AMOUNT VERIFIED
CORRECT FOR
36. PAYMENT
37. CHECK NUMBER
COMPLETE
PARTIAL
PARTIAL
FINAL
FINAL
38. S/R ACCOUNT NUMBER
39. S/R VOUCHER NUMBER
40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT 42a. RECEIVED BY (Print)
41c. DATE
41b. SIGNATURE AND TITLE OF CERTIFY ING OFFICER
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD)
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
HT0014-16-Q-0001
Page 3 of 135
Section SF 1449 - CONTINUATION SHEET
ITEM NO
0001
SUPPLIES/SERVICES
QUANTITY
4,160
UNIT
Hours
UNIT PRICE
AMOUNT
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) General Anesthesiologists
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN. Period of performance is 01-FEB-2016 TO 31-JAN2017.
FOB: Destination
NET AMT
ITEM NO
0002
SUPPLIES/SERVICES
QUANTITY
2,080
UNIT
Hours
UNIT PRICE
Pain Anesthesiologst
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Pain Anesthesiologst under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN. Period of performance is 01-FEB-2016 TO 31-JAN-2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 4 of 135
ITEM NO
0003
SUPPLIES/SERVICES
QUANTITY
2,080
UNIT
Hours
UNIT PRICE
AMOUNT
Neuro Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Neuro Anesthesiologist under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN. Period of performance is 01-FEB-2016 TO 31-JAN-2017.
FOB: Destination
NET AMT
ITEM NO
0004
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Cardio-Thoracic Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Cardio-Thoracic
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN. Period of performance is 01-FEB-2016
TO 31-JAN-2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 5 of 135
ITEM NO
0005
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
2,080
Hours
Regional Pain Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Regional Pain
Anesthesiologist under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN. Period of performance is 01-FEB-2016
TO 31-JAN-2017.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
0006
SUPPLIES/SERVICES
QUANTITY
1,733
UNIT
Hours
UNIT PRICE
Pediatric Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Pediatric Anesthesiologist
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN. Period of performance is 01-APR-2016 TO 31-JAN2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 6 of 135
ITEM NO
0007
SUPPLIES/SERVICES
QUANTITY
10,398
UNIT
Hours
UNIT PRICE
AMOUNT
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for for six (6) Full Time Equivalent (FTE) General Anesthesiologists
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN. Period of performance is 01-APR-2016 TO 31-JAN2017.
.
FOB: Destination
NET AMT
ITEM NO
0008
SUPPLIES/SERVICES
QUANTITY
3,120
UNIT
Hours
UNIT PRICE
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) General Anesthesiologists
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN. Period of performance is 01-MAY-2016 TO 31-JAN2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 7 of 135
ITEM NO
0009
SUPPLIES/SERVICES
QUANTITY
1,386
UNIT
Hours
UNIT PRICE
AMOUNT
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) General Anesthesiologists under the authority of 10 U.S.C.
2304 and 41 U.S.C. 253. Overtime is not authorized for this CLIN. Period of
performance is 01-OCT-2016 TO 31-JAN-2017.
FOB: Destination
NET AMT
ITEM NO
0010
SUPPLIES/SERVICES
QUANTITY
4,044
UNIT
Hours
UNIT PRICE
Pain Anesthesiologst
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2).3 Full Time Equivalent (FTE) Pain Anesthesiologsts under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN. Period of performance is 01-APR-2016 TO 31-JAN-2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 8 of 135
ITEM NO
0011
SUPPLIES/SERVICES
QUANTITY
693
UNIT
Hours
UNIT PRICE
AMOUNT
Pain Anesthesiologst
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Pain Anesthesiologst under the authority of 10 U.S.C.
2304 and 41 U.S.C. 253. Overtime is not authorized for this CLIN. Period of
performance is 01-OCT-2016 TO 31-JAN-2017.
FOB: Destination
NET AMT
ITEM NO
0012
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
1,733
Hours
Regional Pain Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Regional Pain
Anesthesiologist under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN. Period of performance is 01-APR-2016
TO 31-JAN-2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 9 of 135
ITEM NO
0013
SUPPLIES/SERVICES
QUANTITY
1,560
UNIT
Hours
UNIT PRICE
AMOUNT
Pediatric Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Pediatric Anesthesiologist
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN. Period of performance is 01-MAY-2016 TO 31-JAN2017.
FOB: Destination
NET AMT
ITEM NO
0014
SUPPLIES/SERVICES
QUANTITY
693
UNIT
Hours
UNIT PRICE
Pediatric Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Pediatric Anesthesiologist under the authority of 10 U.S.C.
2304 and 41 U.S.C. 253. Overtime is not authorized for this CLIN. Period of
performance is 01-OCT-2016 TO 31-JAN-2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 10 of 135
ITEM NO
0015
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
1
Each
CONTRACTOR MANPOWER REPORTING
FFP
Mandatory Contractor Manpower Reporting in accordance with Performance
Work Statement (PWS). This CMR is to collect information for services performed
between 1 FEB – 30 SEP 2016.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
1001
SUPPLIES/SERVICES
QUANTITY
24,960
UNIT
Hours
UNIT PRICE
OPTION
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for 12 Full Time Equivalent (FTE) General Anesthesiologists under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 11 of 135
ITEM NO
1002
SUPPLIES/SERVICES
QUANTITY
9,013
UNIT
Hours
UNIT PRICE
OPTION
Pain Anesthesiologst
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for four (4).3 Full Time Equivalent (FTE) Pain Anesthesiologsts
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
1003
SUPPLIES/SERVICES
QUANTITY
2,080
UNIT
Hours
UNIT PRICE
OPTION
Neuro Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Neuro Anesthesiologist under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 12 of 135
ITEM NO
1004
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Cardio-Thoracic Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Cardio-Thoracic
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
1005
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Regional Pain Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Regional Pain
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 13 of 135
ITEM NO
1006
SUPPLIES/SERVICES
QUANTITY
6,240
UNIT
Hours
UNIT PRICE
OPTION
Pediatric Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for three (3) Full Time Equivalent (FTE) Pediatric Anesthesiologists
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
1007
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
1
Each
CONTRACTOR MANPOWER REPORTING
FFP
Mandatory Contractor Manpower Reporting in accordance with Performance
Work Statement (PWS). This CMR is to collect information for services performed
between 1 OCT 2016 – 30 SEP 2017.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 14 of 135
ITEM NO
2001
SUPPLIES/SERVICES
QUANTITY
24,960
UNIT
Hours
UNIT PRICE
OPTION
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for 12 Full Time Equivalent (FTE) General Anesthesiologists under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
2002
SUPPLIES/SERVICES
QUANTITY
9,013
UNIT
Hours
UNIT PRICE
OPTION
Pain Anesthesiologst
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for four (4).3 Full Time Equivalent (FTE) Pain Anesthesiologsts
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 15 of 135
ITEM NO
2003
SUPPLIES/SERVICES
QUANTITY
2,080
UNIT
Hours
UNIT PRICE
OPTION
Neuro Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Neuro Anesthesiologist under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
2004
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Cardio-Thoracic Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Cardio-Thoracic
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 16 of 135
ITEM NO
2005
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Regional Pain Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Regional Pain
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
2006
SUPPLIES/SERVICES
QUANTITY
6,240
UNIT
Hours
UNIT PRICE
OPTION
Pediatric Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for three (3) Full Time Equivalent (FTE) Pediatric Anesthesiologists
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 17 of 135
ITEM NO
2007
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
1
Each
CONTRACTOR MANPOWER REPORTING
FFP
Mandatory Contractor Manpower Reporting in accordance with Performance
Work Statement (PWS). This CMR is to collect information for services performed
between 1 OCT 2017 – 30 SEP 2018.
AMOUNT
FOB: Destination
NET AMT
ITEM NO
3001
SUPPLIES/SERVICES
QUANTITY
24,960
UNIT
Hours
UNIT PRICE
OPTION
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for 12 Full Time Equivalent (FTE) General Anesthesiologists under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 18 of 135
ITEM NO
3002
SUPPLIES/SERVICES
QUANTITY
9,013
UNIT
Hours
UNIT PRICE
OPTION
Pain Anesthesiologst
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for four (4).3 Full Time Equivalent (FTE) Pain Anesthesiologsts
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
3003
SUPPLIES/SERVICES
QUANTITY
2,080
UNIT
Hours
UNIT PRICE
OPTION
Neuro Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Neuro Anesthesiologist under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 19 of 135
ITEM NO
3004
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Cardio-Thoracic Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Cardio-Thoracic
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
3005
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Regional Pain Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Regional Pain
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 20 of 135
ITEM NO
3006
SUPPLIES/SERVICES
QUANTITY
6,240
UNIT
Hours
UNIT PRICE
OPTION
Pediatric Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for three (3) Full Time Equivalent (FTE) Pediatric Anesthesiologists
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
3007
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
1
Each
CONTRACTOR MANPOWER REPORTING
FFP
Mandatory Contractor Manpower Reporting in accordance with Performance
Work Statement (PWS). This CMR is to collect information for services performed
between 1 OCT 2018 – 30 SEP 2019.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 21 of 135
ITEM NO
4001
SUPPLIES/SERVICES
QUANTITY
24,960
UNIT
Hours
UNIT PRICE
OPTION
General Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for 12 Full Time Equivalent (FTE) General Anesthesiologists under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
4002
SUPPLIES/SERVICES
QUANTITY
9,013
UNIT
Hours
UNIT PRICE
OPTION
Pain Anesthesiologst
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for four (4).3 Full Time Equivalent (FTE) Pain Anesthesiologsts
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 22 of 135
ITEM NO
4003
SUPPLIES/SERVICES
QUANTITY
2,080
UNIT
Hours
UNIT PRICE
OPTION
Neuro Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for one (1) Full Time Equivalent (FTE) Neuro Anesthesiologist under
the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not authorized for
this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
4004
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Cardio-Thoracic Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Cardio-Thoracic
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 23 of 135
ITEM NO
4005
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
4,160
Hours
Regional Pain Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for two (2) Full Time Equivalent (FTE) Regional Pain
Anesthesiologists under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253.
Overtime is not authorized for this CLIN.
FOB: Destination
AMOUNT
NET AMT
ITEM NO
4006
SUPPLIES/SERVICES
QUANTITY
6,240
UNIT
Hours
UNIT PRICE
OPTION
Pediatric Anesthesiologist
FFP
This is a non-personal services contract line item number (CLIN) as defined in
FAR 37.101 for three (3) Full Time Equivalent (FTE) Pediatric Anesthesiologists
under the authority of 10 U.S.C. 2304 and 41 U.S.C. 253. Overtime is not
authorized for this CLIN.
FOB: Destination
NET AMT
AMOUNT
HT0014-16-Q-0001
Page 24 of 135
ITEM NO
4007
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
1
Each
CONTRACTOR MANPOWER REPORTING
FFP
Mandatory Contractor Manpower Reporting in accordance with Performance
Work Statement (PWS). This CMR is to collect information for services performed
between 1 OCT 2019 – 30 SEP 2020.
AMOUNT
FOB: Destination
NET AMT
ITEM NO
4008
OPTION
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
1
Each
CONTRACTOR MANPOWER REPORTING
FFP
Mandatory Contractor Manpower Reporting in accordance with Performance
Work Statement (PWS). This CMR is to collect information for services performed
between 1 OCT 2020 – 31 JAN 2021.
FOB: Destination
NET AMT
DELIVERY INFORMATION
AMOUNT
HT0014-16-Q-0001
Page 25 of 135
CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC
0001
POP 01-FEB-2016 TO
31-JAN-2017
N/A
WALTER REED NATIONAL MILITARY
MEDICAL
LANA CLOUSER
8901 WISCONSIN AVE
BETHESDA MD 20889
301-400-0644
FOB: Destination
HT0017
0002
POP 01-FEB-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0003
POP 01-FEB-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0004
POP 01-FEB-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0005
POP 01-FEB-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0006
POP 01-APR-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0007
POP 01-APR-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0008
POP 01-MAY-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0009
POP 01-OCT-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0010
POP 01-APR-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0011
POP 01-OCT-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0012
POP 01-APR-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0013
POP 01-MAY-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
0014
POP 01-OCT-2016 TO
31-JAN-2017
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
HT0014-16-Q-0001
Page 26 of 135
0015
31-OCT-2016
1
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
1001
POP 01-FEB-2017 TO
31-JAN-2018
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
1002
POP 01-FEB-2017 TO
31-JAN-2018
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
1003
POP 01-FEB-2017 TO
31-JAN-2018
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
1004
POP 01-FEB-2017 TO
31-JAN-2018
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
1005
POP 01-FEB-2017 TO
31-JAN-2018
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
1006
POP 01-FEB-2017 TO
31-JAN-2018
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
1007
31-OCT-2017
1
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
2001
POP 01-FEB-2018 TO
31-JAN-2019
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
2002
POP 01-FEB-2018 TO
31-JAN-2019
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
2003
POP 01-FEB-2018 TO
31-JAN-2019
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
2004
POP 01-FEB-2018 TO
31-JAN-2019
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
2005
POP 01-FEB-2018 TO
31-JAN-2019
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
2006
POP 01-FEB-2018 TO
01-FEB-2019
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
2007
31-OCT-2018
1
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
3001
POP 01-FEB-2019 TO
31-JAN-2020
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
3002
POP 01-FEB-2019 TO
31-JAN-2020
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
HT0014-16-Q-0001
Page 27 of 135
3003
POP 01-FEB-2019 TO
31-JAN-2020
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
3004
POP 01-FEB-2019 TO
31-JAN-2020
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
3005
POP 01-FEB-2019 TO
31-JAN-2020
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
3006
POP 01-FEB-2019 TO
31-JAN-2020
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
3007
31-OCT-2019
1
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4001
POP 01-FEB-2020 TO
31-JAN-2021
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4002
POP 01-FEB-2020 TO
31-JAN-2021
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4003
POP 01-FEB-2020 TO
31-JAN-2021
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4004
POP 01-FEB-2020 TO
31-JAN-2021
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4005
POP 01-FEB-2020 TO
31-JAN-2021
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4006
POP 01-FEB-2020 TO
31-JAN-2021
N/A
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4007
31-OCT-2020
1
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
4008
31-OCT-2021
1
(SAME AS PREVIOUS LOCATION)
FOB: Destination
HT0017
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
HT0014-16-Q-0001
Page 28 of 135
CLIN
0001
0002
0003
0004
0005
0006
0007
0008
0009
0010
0011
0012
0013
0014
0015
1001
1002
1003
1004
1005
1006
1007
2001
2002
2003
2004
2005
2006
2007
3001
3002
3003
3004
3005
3006
3007
4001
4002
4003
4004
4005
4006
4007
4008
INSPECT AT
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
INSPECT BY
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
CLAUSES INCORPORATED BY REFERENCE
ACCEPT AT
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
Destination
ACCEPT BY
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
Government
HT0014-16-Q-0001
Page 29 of 135
52.212-4
Contract Terms and Conditions--Commercial Items
MAY 2015
ADDENDUM TO 52.212-4
(w) The non-FAR Part 12 discretionary FAR, DFARS, AFARS, and LOCAL 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.
CLAUSES INCORPORATED BY REFERENCE
52.203-3
52.203-6 Alt I
52.203-12
52.203-17
52.204-4
52.204-9
52.204-10
52.209-2
52.209-6
52.209-10
52.219-6
52.219-8
52.222-21
52.222-26
52.222-35
52.222-36
52.222-37
52.222-50
52.222-54
52.223-2
52.223-3
52.223-5
Gratuities
APR 1984
Restrictions On Subcontractor Sales To The Government
OCT 1995
(Sep 2006) -- Alternate I
Limitation On Payments To Influence Certain Federal
OCT 2010
Transactions
Contractor Employee Whistleblower Rights and Requirement APR 2014
To Inform Employees of Whistleblower Rights
Printed or Copied Double-Sided on Postconsumer Fiber
MAY 2011
Content Paper
Personal Identity Verification of Contractor Personnel
JAN 2011
Reporting Executive Compensation and First-Tier
OCT 2015
Subcontract Awards
Prohibition on Contracting with Inverted Domestic
NOV 2015
Corporations--Representation
Protecting the Government's Interest When Subcontracting OCT 2015
With Contractors Debarred, Suspended, or Proposed for
Debarment
Prohibition on Contracting With Inverted Domestic
NOV 2015
Corporations
Notice Of Total Small Business Set-Aside
NOV 2011
Utilization of Small Business Concerns
OCT 2014
Prohibition Of Segregated Facilities
APR 2015
Equal Opportunity
APR 2015
Equal Opportunity for Veterans
OCT 2015
Equal Opportunity for Workers with Disabilities
JUL 2014
Employment Reports on Veterans
OCT 2015
Combating Trafficking in Persons
MAR 2015
Employment Eligibility Verification
OCT 2015
Affirmative Procurement of Biobased Products Under Service SEP 2013
and Construction Contracts
Hazardous Material Identification And Material Safety Data JAN 1997
Pollution Prevention and Right-to-Know Information
MAY 2011
HT0014-16-Q-0001
Page 30 of 135
52.223-18
52.224-1
52.224-2
52.225-13
52.228-5
52.232-33
52.232-39
52.232-40
52.233-3
52.233-4
52.237-2
52.237-3
52.242-13
252.201-7000
252.203-7000
252.203-7002
252.203-7003
252.204-7000
252.204-7003
252.209-7004
252.211-7008
252.225-7012
252.225-7048
252.232-7003
252.232-7010
252.243-7001
252.243-7002
Encouraging Contractor Policies To Ban Text Messaging
AUG 2011
While Driving
Privacy Act Notification
APR 1984
Privacy Act
APR 1984
Restrictions on Certain Foreign Purchases
JUN 2008
Insurance - Work On A Government Installation
JAN 1997
Payment by Electronic Funds Transfer--System for Award
JUL 2013
Management
Unenforceability of Unauthorized Obligations
JUN 2013
Providing Accelerated Payments to Small Business
DEC 2013
Subcontractors
Protest After Award
AUG 1996
Applicable Law for Breach of Contract Claim
OCT 2004
Protection Of Government Buildings, Equipment, And
APR 1984
Vegetation
Continuity Of Services
JAN 1991
Bankruptcy
JUL 1995
Contracting Officer's Representative
DEC 1991
Requirements Relating to Compensation of Former DoD
SEP 2011
Officials
Requirement to Inform Employees of Whistleblower Rights SEP 2013
Agency Office of the Inspector General
DEC 2012
Disclosure Of Information
AUG 2013
Control Of Government Personnel Work Product
APR 1992
Subcontracting With Firms That Are Owned or Controlled By OCT 2015
The Government of a Country that is a State Sponsor of
Terrorism
Use of Government-Assigned Serial Numbers
SEP 2010
Preference For Certain Domestic Commodities
FEB 2013
Export-Controlled Items
JUN 2013
Electronic Submission of Payment Requests and Receiving JUN 2012
Reports
Levies on Contract Payments
DEC 2006
Pricing Of Contract Modifications
DEC 1991
Requests for Equitable Adjustment
DEC 2012
CLAUSES INCORPORATED BY FULL TEXT
52.203-13
CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(a) Definitions. As used in this clause-Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized
to act on behalf of the organization.
Full cooperation—
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(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and
extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete
response to Government auditors' and investigators' request for documents and access to employees with
information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product
doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her
attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from-(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business
segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a
prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime
contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer
establishes a longer time period, the Contractor shall-(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall-(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance
with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a
copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract
or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or
subcontractor of the Contractor has committed--
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(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in
Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained
pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or
“proprietary” by the company. To the extent permitted by law and regulation, such information will not be released
by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without
prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any
department or agency within the Executive Branch if the information relates to matters within the organization's
jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not
apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if
this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the
following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the
Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and
compliance program and internal control system, by conducting effective training programs and otherwise
disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as
appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall-(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with
Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the
business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as
having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
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(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with
the Contractor's code of business ethics and conduct and the special requirements of Government contracting,
including-(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal
control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the
business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of
criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which
employees may report suspected instances of improper conduct, and instructions that encourage employees to make
such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper
conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in
connection with the award, performance, or closeout of any Government contract performed by the Contractor or a
subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of
the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or
gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the
agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a
multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument
intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the
agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the
contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that have a
value in excess of $5.5 million and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act
or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the
Contracting Officer.
(End of clause)
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52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JULY 2013)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information
System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in
the System for Award Management database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information
posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS
consists of two segments-(1) The non-public segment, into which Government officials and the Contractor post information, which can only
be viewed by-(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically
transferred after a waiting period of 14 calendar days, except for-(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted
it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the
information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure
exemption under the Freedom of Information Act, the Government official who posted the information must within
7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of
Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request
removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by
the Government. The comments will be retained as long as the associated information is retained, i.e., for a total
period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011,
except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of
Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
(End of clause)
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CLAUSES INCORPORATED BY FULL TEXT
52.217-8
OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in
the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance
hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor no later than 30 days before the contract expires.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.217-9
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor no later than 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60
days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66
months.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.219-18
NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration
(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission
of offer-(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any
remedial action directed by the SBA.
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(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this
clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will
subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this
solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the
contract, only end items manufactured or produced by small business concerns in the United States or its outlying
areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract
does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph
does not apply to construction or service contracts.
(2) The insert name of SBA's contractor
:______________________ will notify the Defense Health Agency
Contract Operating Division – National Capital Region Contracting Officer in writing immediately upon entering
an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(End of clause)
52.219-28
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause-Long-term contract means a contract of more than five years in duration, including options. However, the term does
not include contracts that exceed five years in duration because the period of performance has been extended for a
cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other
appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not
dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a
kind of business activity in which a number of business concerns are primarily engaged. In determining whether
dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of
employees, financial resources, competitive status or position, ownership or control of materials, processes, patents,
license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor
shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause,
upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to
include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification
of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the
contract.
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(3) For long-term contracts-(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this
rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to
this contract. The small business size standard corresponding to this NAICS code can be found at
http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a
contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by
paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications
section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they
reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this
clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in
SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following
rerepresentation and submit it to the contracting office, along with the contract number and the date on which the
rerepresentation was completed:
The Contractor represents that it ( X) is, ( ) is not a small business concern under NAICS Code 561320- assigned to
contract numberHT0014-16-Q-0001.
Contractor to sign and date and insert authorized signer's name and title:
(End of clause)
52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)
(a) Service employee, as used in this clause, means any person engaged in the performance of a service contract
other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are
defined in 29 CFR part 541. The term ``service employee'' includes all such persons regardless of any contractual
relationship that may be alleged to exist between a contractor or subcontractor and such persons.
(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service
employees employed under the predecessor contract whose employment will be terminated as a result of award of
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this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of
employment under this contract in positions for which the service employees are qualified.
(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient
performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in
connection with performance of the work.
(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and
the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having
complied fully with this obligation.
(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each
service employee as provided herein and shall state the time within which the service employee must accept such
offer, but in no case shall the period within which the service employee must accept the offer of employment be less
than 10 days.
(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee's
qualifications based upon the individual's education and employment history, with particular emphasis on the
employee's experience on the predecessor contract, and the Contractor may utilize employment screening
processes only when such processes are provided for by the contracting agency, are conditions of the service
contract, and are consistent with Executive Order 13495.
(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service
employees, the obligation to offer employment shall continue for 90 days after the successor contractor's first date of
performance on the contract.
(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the
employee previously held, but is one for which the employee is qualified, and even if it is subject to different
employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description
of a bonafide offer of employment).
(c)(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any
subcontractors (i) may employ under this contract any service employee who has worked for the contractor or
subcontractor for at least three months immediately preceding the commencement of this contract and who
would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service
employee(s) of the predecessor contractor who are not service employees within the meaning of the Service
Contract Labor Standards statute, 41 U.S.C. 6701(3), and (iii) are not required to offer a right of first refusal to any
service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably
believes, based on the particular service employee's past performance, has failed to perform suitably on the job (see
29 CFR 9.12(c)(4) for additional information). The successor Contractor bears the responsibility of demonstrating
the appropriateness of claiming any of these exceptions.
(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as
a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of
the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a
HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the
requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program's
requirements.
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(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any
provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR
subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans'
Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive
Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to,
the requirements of Executive Order 13495, 29 CFR part 9, and this clause.
(d)(1) The Contractor shall, not less than 30 days before completion of the Contractor's performance of services on
the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under
this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of
employment of each service employee under this contract and its predecessor contracts with either the current or
predecessor contractors or their subcontractors. Where changes to the workforce are made after the
submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of
this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer
with an updated certified list of the names of all service employees employed within the last month of contract
performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of
separation of each service employee under the contract and its predecessor contracts with either the current or
predecessor Contractors or their subcontractors.
(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting
officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of
the predecessor contractor or subcontractors or their authorized representatives.
(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR
chapter 9) to service employees of their possible right to an offer of employment with the successor contractor.
Where a significant portion of the predecessor Contractor's workforce is not fluent in English, the notice shall be
provided in English and the language(s) with which service employees are more familiar. The written notice
shall be—
(i) Posted in a conspicuous place at the worksite; or (ii) Delivered to the service employees individually. If such
delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation
that the intended recipient received the notice.
(e)(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before
completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees
working under this contract and its subcontracts during the last month of contract performance. The list shall also
contain anniversary dates of employment of each service employee under this contract and its predecessor contracts
either with the current or predecessor Contractors or their subcontractors. If there are no changes to the
workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a
revised list 10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there
are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised
certified list not less than 10 days prior to performance completion.
(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting
officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of
the predecessor contractor or subcontractors or their authorized representatives.
(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or
electronic) of its compliance with this clause for not less than a period of three years from the date the records were
created.
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(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of
employment, including the date, location, and attendance roster of any service employee meeting(s) at which the
offers were extended, a summary of each meeting, a copy of any written notice that may have been
distributed, and the names of the service employees from the predecessor contract to whom an offer was made.
(2) A copy of any record that forms the basis for any exemption claimed under this part.
(3) A copy of the service employee list provided to or received from the contracting agency.
(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the
supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by
such payment, and the date of payment, and a copy of any receipt form provided by or authorized by
the Wage and Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file
the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator
or an authorized representative within 10 days after payment is made.
(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1)
of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set
forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the
following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees
under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes
to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts
Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington,
DC 20210. Contact email: [email protected].
(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible
violations of the provisions of this clause and shall make such records requested by such official(s) available for
inspection, copying, or transcription upon request.
(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its
subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary,
appropriate sanctions may be imposed and remedies invoked against the Contractor
or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or
as otherwise provided by law.
(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of
Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However,
if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened
with such involvement, the Contractor may request that the United States, through the
Secretary, enter into such litigation to protect the interests of the United States.
(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other
Government contract with the same prime Contractor, such sums as an authorized official of the Department of
Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative
Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result
of the violations are due to service employees or that other monetary relief is appropriate. If the Contracting Officer
or the Administrator, upon final order of the Secretary, finds that the Contractor has failed to provide a list of the
names of service employees working under the contract, the Contracting Officer may, in his or her discretion, or
upon request by the Administrator, take such action as may be necessary to cause the suspension of the
payment of contract funds until such time as the list is provided to the Contracting Officer.
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(l) Subcontracts. In every subcontract over the simplified acquisition threshold entered into in order to perform
services under this contract, the Contractor shall include a provision that
ensures—
(1) That each subcontractor will honor the requirements of paragraphs (b) through (c) of this clause with respect to
the service employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a
predecessor Contractor and its subcontractors;
(2) That the subcontractor will provide the Contractor with the information about the service employees of the
subcontractor needed by the Contractor to comply with paragraphs (d) and (e) of this clause; and
(3) The recordkeeping requirements of paragraph (f) of this clause.
CLAUSES INCORPORATED BY FULL TEXT
52.232-18
AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent
upon the availability of appropriated funds from which payment for contract purposes can be made. No legal
liability on the part of the Government for any payment may arise until funds are made available to the Contracting
Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by
the Contracting Officer.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to
its small business subcontractors under this contract, to the maximum extent practicable and prior to when such
payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all
other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business
concerns, including subcontracts with small business concerns for the acquisition of commercial items.
(End of clause)
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52.237-7
INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)
(a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal
Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are
rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and
administrative services provided, but retains no control over professional aspects of the services rendered, including
by example, the Contractor's professional medical judgment, diagnosis, or specific medical treatments. The
Contractor shall be solely liable for and expressly agrees to indemnify the Government with respect to any liability
producing acts or omissions by it or by its employees or agents. The Contractor shall maintain during the term of
this contract liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per
specialty per occurrence:
$1,000,000.00 per occurrence / $3,000,000.00 aggregate.
(b) An apparently successful offeror, upon request by the Contracting Officer, shall furnish prior to contract award
evidence of its insurability concerning the medical liability insurance required by paragraph (a) of this clause.
(c) Liability insurance may be on either an occurrences basis or on a claims-made basis. If the policy is on a claimsmade basis, an extended reporting endorsement (tail) for a period of not less than 3 years after the end of the
contract term must also be provided.
(d) Evidence of insurance documenting the required coverage for each health care provider who will perform under
this contract shall be provided to the Contracting Officer prior to the commencement of services under this contract.
If the insurance is on a claims-made basis and evidence of an extended reporting endorsement is not provided prior
to the commencement of services, evidence of such endorsement shall be provided to the Contracting Officer prior
to the expiration of this contract. Final payment under this contract shall be withheld until evidence of the extended
reporting endorsement is provided to the Contracting Officer.
(e) The policies evidencing required insurance shall also contain an endorsement to the effect that any cancellation
or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer
or the Contractor gives written notice to the Contracting Officer. If, during the performance period of the contract
the Contractor changes insurance providers, the Contractor must provide evidence that the Government will be
indemnified to the limits specified in paragraph (a) of this clause, for the entire period of the contract, either under
the new policy, or a combination of old and new policies.
(f) The Contractor shall insert the substance of this clause, including this paragraph (f), in all subcontracts under this
contract for health care services and shall require such subcontractors to provide evidence of and maintain insurance
in accordance with paragraph (a) of this clause. At least 5 days before the commencement of work by any
subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.
Contracting Officer insert the dollar value(s) of standard coverage(s) prevailing within the local community as to the
specific medical specialty, or specialties, concerned, or such higher amount as the Contracting Officer deems
necessary to protect the Government's interests.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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52.252-2
CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.252-6
AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DoD Supplement (48 CFR Chapter 2) clause with an authorized
deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (SEPT 2015)
(a) Definitions. As used in this clause-Adequate security means protective measures that are commensurate with the consequences and probability of loss,
misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a
system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object,
or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly
or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description,
facility locations), personally identifiable information, as well as trade secrets, commercial or financial information,
or other commercially sensitive information that is not customarily shared outside of the
company.
Contractor information system means an information system belonging to, or operated by or for, the Contractor.
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Controlled technical information means technical information with military or space application that is subject to
controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F
using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical
Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an information system that is owned, or operated by or for, a
contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified information that-(i) Is-(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the
performance of the contract; and
(ii) Falls in any of the following categories:
(A) Controlled technical information.
(B) Critical information (operations security). Specific facts identified through the Operations Security process
about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act
effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of
Operations Security process).
(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other
information whose export could reasonably be expected to adversely affect the United States national security and
nonproliferation objectives. To include dual use items; items identified in export administration regulations,
international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology
information.
(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or
disseminationcontrols pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy,
proprietary business information).
Cyber incident means actions taken through the use of computer networks that result in an actual or potentially
adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative
purposes in a manner that maintains the integrity of the data.
Malicious software means computer software or firmware intended to perform an unauthorized process that will
have adverse impact on the confidentiality, integrity, or availability of an information system. This definition
includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and
some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks,
magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or
printed within an information system.
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Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift,
intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or
sustainment of the Armed Forces in a contingency operation.
Rapid(ly) report(ing) means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at
DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is
incorporated in this solicitation or contract. Examples of technical information include research and engineering
data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports,
technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer
software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all
covered contractor information systems that support the performance of work under this contract. To provide
adequate security, the Contractor shall-(1) Implement information systems security protections on all covered contractor information systems including, at a
minimum-(i) For covered contractor information systems that are part of an Information Technology (IT) service or system
operated on behalf of the Government-(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010,
Cloud Computing Services, of this contract; and
(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security
requirements specified elsewhere in this contract; or
(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the
Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause-(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP)
800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations”,
http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by
the Contracting Officer; or
(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular
requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD CIO
prior to contract award; and
(2) Apply other security measures when the Contractor reasonably determines that such measures, in addition to
those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic
environment based on an assessed risk or vulnerability.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the
covered defense information residing therein, or that affects the contractor's ability to perform the requirements of
the contract that are designated as operationally critical support, the Contractor shall--
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(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to,
identifying compromised computers, servers, specific data, and user accounts. This review shall also include
analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information
systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify
compromised covered defense information, or that affect the Contractor's ability to provide operationally critical
support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall
include, at a minimum, the required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the
Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber
incidents. For information on obtaining a DoD-approved medium assurance certificate, see
http://iase.disa.mil/pki/eca/Pages/index.aspx.
(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection
with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the
Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor
shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this
clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident
report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the
Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a
forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting
Officer will request that the Contractor provide all of the damage assessment information gathered in accordance
with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect
against the unauthorized use or release of information obtained from the contractor (or derived from information
obtained from the contractor) under this clause that includes contractor attributional/proprietary information,
including such information submitted in accordance with paragraph (c). To the maximum extent
practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized
release of such information, the Government will implement appropriate procedures to minimize the contractor
attributional/proprietary information that is included in such authorized release, seeking to include only that
information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is
obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not
created by or for DoD is authorized to be released outside of DoD-(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
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(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with
Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
(5) To a support services contractor (``recipient'') that is directly supporting Government activities under a contract
that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported
Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is
obtained from the contractor (or derived from information obtained from the contractor) under this clause that is
created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to
be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for
any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based
restrictions on the Government's use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on
the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this
clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting
pertaining to its unclassified information systems as required by other applicable
clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall-(1) Include the substance of this clause, including this paragraph (m), in all subcontracts, including subcontracts for
commercial items; and
(2) Require subcontractors to rapidly report cyber incidents directly to DoD at http://dibnet.dod.mil and the prime
Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime
Contractor (or next higher-tier subcontractor) as soon as practicable.
(End of clause)
252.219-7010
ALTERNATE A (JUN 1998)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration
(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission
of offer-(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any
remedial action directed by the SBA.
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(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this
clause.
(c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a)
offeror selected through the evaluation criteria set forth in this solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the
contract, only end items manufactured or produced by small business concerns in the United States or its outlying
areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract
does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph
does not apply to construction or service contracts.
(2) The (insert name of SBA's contractor)
____________________will notify the Defense Health Agency
Contract Operating Division National Capital Region Contracting Officer in writing immediately upon entering an
agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
(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 below:
General Anesthesiologists, Pain Anesthesiologists, Pediatric Anesthesiologists, Cardio-Thoracic
Anesthesiologists, Regional Anesthesiologists and Neuro Anesthesiologist.
(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.
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(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)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)
(a) The Contractor is not required to flow down the terms of any Defense Federal Acquisition Regulation
Supplement (DFARS) clause in subcontracts for commercial items at any tier under this contract, unless so specified
in the particular clause.
(b) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligation.
(c) The Contractor shall include the terms of this clause, including this paragraph (c), in subcontracts awarded under
this contract, including subcontracts for the acquisition of commercial items.
(End of clause)
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
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Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit,
activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done
external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and
receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission
of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-(1) Have a designated electronic business point of contact in the System for Award Management at
https://www.acquisition.gov ; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration
available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at
https://wawf.eb.mil/ .
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment
requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Invoice
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
HT0017
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in
applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
-------------------------------------------------------------------------------------------Field Name in WAWF
Data to be entered in WAWF
-------------------------------------------------------------------------------------------Pay Official DoDAAC
HQ0490
Issue By DoDAAC
HT0014
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Admin DoDAAC
HT0014
Inspect By DoDAAC
HT0017
Ship To Code
HT0017
Ship From Code
Not applicable
Mark For Code
Not applicable
Service Approver (DoDAAC)
HT0017
Service Acceptor (DoDAAC)
HT0017
Accept at Other DoDAAC
Not applicable
LPO DoDAAC
Not applicable
DCAA Auditor DoDAAC
Not applicable
Other DoDAAC(s)
Not applicable
-------------------------------------------------------------------------------------------(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes
appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit
price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F,
(e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
Commander Lana Clouser: [email protected]
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the
following contracting activity's WAWF point of contact.
Commander Lana Clouser: [email protected]
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2015)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and
does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall
have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related
to this contract.
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(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other
evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any
shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If
this contract is completely or partially terminated, the records relating to the work terminated shall be made
available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes
clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available
until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data,
regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that
the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)
(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow
down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless
otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts
that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns)
exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in
accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi)
X
(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
HT0014-16-Q-0001
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___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance,
Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain
Services--Requirements (May 2014) (41 U.S.C. chapter 67)
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow
down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of
additional clauses necessary to satisfy its contractual obligations.
(End of Clause)
PERFORMANCE OF WORK STATEMENT
PERFORMANCE WORK STATEMENT
Anesthesiology Services
Walter Reed National Military Medical Center (WRNMMC)
Bethesda, Maryland 20889-5600
TABLE OF CONTENTS
1.0.
Introduction
1.1.
General Information
1.1.1. Non-Personal Services Contract.
1.2.
Scope of Work
1.3.
Safety Requirements
1.4.
Security Requirements
1.5.
Vehicle Registration
1.6.
ADP Security
1.7.
Personal Security Investigation Requirements
1.8.
Standards of Performance
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1.9.
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
2.0
3.0
4.0
Schedule/Period of Performance
Reserved
Health and Immunization
Credentialed Personnel Documentation
Reserved
Mobilization and Other Contingency
Contractor Employee Furnished Supplies/Equipment
Government Furnished Services/Supplies
Government Furnished Supplies
Quality Control Plan
Description of Work
Deliverables
Definitions
Applicable Technical Orders, Manuals, Regulations, Directives and Forms
Attachments/Technical Exhibition List
1.0. INTRODUCTION.
1.0.1. The Contractor shall provide non-personal Anesthesiology services as specified, in accordance with the
following Performance Work Statement (PWS) for the Department of Surgery at Walter Reed National Military
Medical Center (WRNMMC), Bethesda, Maryland 20889-5600. The services will be of a nature and scope
described in the paragraphs below. The contractor will work with both Federal and contracted health care providers
and medical professionals.
1.0.2. Contracted employees shall give the highest regard to patient dignity and observe the precepts of the
American Hospital Association’s Bill of Rights for Patients. The contractor’s employees shall abide by relevant
WRNMMC rules, regulations and by laws, including Medical Staff By Laws, as well as applicable Department of
Defense (DoD) regulations governing such things as medical records. These Anesthesiology positions are to
perform in accordance with industry best practices, applicable to DoD guidance.
1.0.3. “Contractor” as written/identified throughout this PWS may also be addressed as Health Care Provider (HCP)
and or Health Care Worker (HCW). These terms are interchangeable.
1.1. GENERAL.
1.1.1. This requirement is for non-personal services. 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 personal services contractors.
1.1.2. Professional Liability. The government will not be liable for malpractice allegations against contractor
employees based upon performance of this contract. The contractor shall be required to carry malpractice insurance
for its employees performing on this contract, at a level stated in the solicitation and included in any resulting
contract for subject acquisition as written in FAR Clause 52.237-7. Upon contract award, the contractor shall
provide evidence of insurance demonstrating the required coverage seven (7) days 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 employees 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, which
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occurred as a result of work performed by the contractor under this contract, the contractor shall immediately notify
the Contracting Officer Representative (COR) and the Contracting Officer and the chief of the appropriate services
and promptly furnish them copies of all pertinent papers received.
1.1.4. Confidentiality / HIPAA. The Contractor shall abide by Army Regulation 40–3: Medical, Dental, and
Veterinary Care (AR 40-3, dated 12 March 2010) and Army Regulation 40-66: Medical Record Administration and
Healthcare Documentation (AR 40-66, dated 4 January 2010) concerning the nature of limited privileged
communication between patient and hospitality care provider for security and personnel reliability programs. The
Contractor 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 Health Insurance
Portability and Accountability Act (HIPAA). The Contractor shall direct all requests for medical information on
patients to the Chief, Patient Administration Division. The Contractor shall not release any medical or personal
information on a patient without first receiving written approval from the government.
1.1.5. Removal of Contractor employees. At any time during the performance of this contract, the Contracting
Officer may direct the contractor to immediately remove any Contractor employee whose actions or impaired state
raises reasonable suspicion that clear and present danger of physical harm exists to a patient, other Contractor
employees, and government personnel or to the impaired individual. This provision will be used in emergency
situations only and not for the purpose of bringing performance issues or other non-urgent concerns to the attention
of the contractor. The Contractor must replace removed employees within 15 days, or as agreed upon with the
Contracting Officer.
1.1.5.1. If the need for a removal occurs, the Contracting Officer 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 Contracting Officer to discuss further action in accordance with the
WRNMMC Quality Assurance and Inspection (QA&I) Plan and Army Regulation AR 40–68 Medical Services
Clinical Quality Management (AR 40-68, dated 22 May 2009). A review of the basis for removal will be made by
the Contracting Officer within three (3) working days following the Contracting Officer’s directed removal.
1.1.5.2. If, after any investigation deemed necessary by the Contracting Officer and discussions with the contractor's
representative, the Contracting Officer concludes that the Contractor employee’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 employees, the decision of the Contracting Officer will be final. During
the period between the removal and the final decision of the Contracting Officer, the contractor shall provide a
backup/replacement Contractor employee in accordance with the terms and conditions of this contract.
1.1.6. Conflict of Interest.
1.1.6.1. Contractor employees shall not use services rendered pursuant to this agreement as a part of a study,
research grant, or publication without the prior written consent of the WRNMMC Director.
1.1.6.2. Contractor employees shall not bill the patient, an insurer, or anyone else for services rendered.
1.1.6.3. Contractor employees 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 at any place other than at the WRNMMC. The Contractor 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 WRNMMC).
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1.1.6.4. Contractor shall not introduce new procedures or changes in standing operating procedures without first
coordinating with the Contracting Officer, who then will coordinate with the COR and the Chief of Services.
1.1.6.5. Contractor is not prohibited by reason of his/her employment under this contract from conducting private
practice, if there is no conflict with the performance of services under this contract.
1.1.6.6. Contractor shall not use Government facilities or other Government property in connection with conducting
a private practice.
1.1.6.7. The Contractor employee who is an employee of the Department of Defense (DoD), either military or
civilian, shall not be employed unless such person seeks and receives approval in accordance with DoD 5500.7-R.
1.2. SCOPE OF WORK
1.2.1. See this performance of work statement (PWS) Attachment 1 (PROFESSIONAL QUALIFICATIONS/
SPECIFIC TASKS/RESPONSIBILITIES) .
1.2.2. The Contractor shall provide qualified personnel (in accordance with PWS Attachment 1 - PROFESSIONAL
QUALIFICATIONS/SPECIFIC TASKS/RESPONSIBILITIES), necessary to perform Anesthesiology Services at
the WRNMMC.
1.2.3. Contractor personnel shall perform their services using the English language and will be fluent in reading,
writing, and speaking English.
1.3. SAFETY REQUIREMENTS
1.3.1. The Contractor shall maintain safety and health standards compliant with requirements of the Occupational
Safety and Health Administration (OSHA).
1.4. SECURITY REQUIREMENTS. The WRNMMC is a restricted access military facility. Contractor
employees shall not begin performance until the complete documentation for a Personnel Background Investigation
has been submitted. An Identification (ID) badge and the Common Access Card (CAC) will not be issued until
complete documentation has been submitted to the WRNMMC Security Manager, 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(s) 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 issued by the government (comply with FIPS PUB 201 and OMB Guidance M-05-24, dated
August 5, 2005).
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 WRNMMC, as well as in-processing forms.
1.4.1.2. Security Identification Badges. Contractor employees shall comply with WRNMMC personnel
identification and access requirements.
1.4.1.3. Each contractor employee s shall wear a visible security ID badge, provided by the military installation or
the WRNMMC, on the front of his/her outer clothing.
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1.4.1.4. The contractor shall be responsible for ensuring all contractor employees 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.
1.4.1.5. The contractor employees shall immediately report any lost or stolen security badges to the COR.
1.4.1.6. Contractor employees shall turn-in the WRNMMC badge, Common Access Card (CAC), and government
issued Civilian ID Card (for purposes of performing on this contract) to the COR upon termination of their services
under this contract.
1.4.1.7. In accordance with (IAW) Army Regulation (AR 525-13), Military Operations Antiterrorism, paragraph 519, all prospective contractor employees serving on this contract will undergo a verification process to determine the
trustworthiness and suitability prior to being granted access to federal property. Limited access with escort may be
granted (at the installation’s discretion) for an interim period while investigations are being conducted.
1.4.1.8. IAW Army Regulation (AR 25-2) Information Management Information Assurance (dated 23 March 2009),
and Homeland Security Presidential Directive, no. 12 (HSPD-12), Installation Security Office will submit all
background investigations on prospective contractor employees requiring Common Access Cards (CAC), network
access.
1.4.1.9. Upon notification, the Provost Marshal Office will conduct background checks on all other contractor
employees when there isn't a requirement for CAC and/or IT requirements in the contract.
1.4.1.10. Complete disclosure of any past incidents in the contractor employees professional duties or of incidents
which might be considered to impact on his/her professional standing, such as charges (unless acquitted) involving
either felonies or misdemeanors (other than minor traffic violations), is a necessary part of the competency process.
This disclosure must also specifically include reports of any actions, claims, charges, of malpractice ever brought
against the contractor (either individually or as a part of a group), as well as the outcome (or current status) of any
such case. WRNMMC will evaluate any such incident and determine whether it should be disqualifying.
1.4.1.11. Contractor employees are advised to make full disclosure under this paragraph as a condition of
employment. Failure to make a full disclosure will result in a determination that the provider's services were
unsatisfactory.
1.4.1.12. If at any time during the contract period it is discovered through a medical center investigation or any
investigation, that the contractor employee is currently pending charges, or has previously been convicted
of any of the aforementioned incidents, that contractor employee may be removed from service under the contract.
1.4.2. ANTITERRORISM (AT) TRAINING.
1.4.2.1. 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.
1.4.2.2. IWATCH Training. The contractor and all associated sub-contractors shall brief all CSPs on the local
iWATCH program (training standards provided by the WRNMMC antiterrorism officer). This local 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
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calendar days of new CSPs commencing performance with the results reported to the COR NLT 30 calendar days
after contract award.
1.4.2.3. CSPs Who Require Access to Government Information Systems. All CSPs with access to a government
information system must successfully complete the DOD Information Assurance Awareness training prior to access
to the information systems and then annually thereafter.
1.5. Vehicle Registration.
1.5.1. Parking is limited, if not completely unavailable on the WRNMMC campus.
1.5.2. If a parking pass is provided by the government, the contractor employee shall comply with WRNMMC
requirements for vehicle registration and operation on the WRNMMC campus.
1.5.3. All vehicles on the WRNMMC campus are subject to search. Contractor employees may encounter long
delays for vehicle inspection and ID checks upon entering and exiting the campus. The Government will not
reimburse the contractor for time spent at installation checkpoints or parking off the campus. Contractor employees
must plan accordingly and report to work at their scheduled duty time, at their appointed place of duty within the
WRNMMC.
1.6. Safeguarding Material and Confidentiality Information - ADP Security.
1.6.1. 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 employees performing on this contract shall disclose or cause to be
disseminated any information concerning the operation of the WRNMMC 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.
1.6.2. The contractor employees serving on 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, SUBJECT: DoD Personnel Security Program,
(dated April 9, 1999); DoD 5200.2-R, Personal Security Program (dated January 1987); AR 25-2 Information
Management Information Assurance (dated 23 March 2009), and AR 380-67, Personnel Security Program (for
Army, dated 4 August 2011), and applicable regulations for other services, is mandatory for ADP Sensitive
positions.
1.6.3. 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 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 WRNMMC Director.
1.6.4. The contractor and its employees serving on this contract shall abide by federal and local WRNMMC
regulations and requirements concerning the nature of privileged communication between patients and the contractor
as may be necessary for security and personnel reliability programs; WRNMMC regulations concerning the
confidentiality of patient records, to include but not limited to the Privacy Act of 1974 and the Health Insurance
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Portability & Accountability Act (HIPAA) of 1996. All regulations referenced are available for review from the
COR, WRNMMC, or the KO. All medical records and reports will remain the property of the Government.
1.6.5. The contractor shall be responsible for any keys issued by the Government to contractor employees for use at
WRNMMC. The keys shall not be duplicated. Lost keys and/or locks shall be reported to the issuing party,
Department Chief, or COR immediately upon discovery of the loss.
1.7. Personal Security Investigation Requirements:
1.7.1. The following procedures are required as part of the security requirements in paragraph 1.4. Contractor
employees may have access to and/or process information requiring protection under the Privacy Act of 1974.
Contractor employees that have access to this information 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 contractor under this contract. For JTF
CAPMED facilities, a NACLC (National Agency Check with Local Check and Credit Check) will be required in
lieu of the NACI. The contractor shall fully adhere with security requirements and the provisions of referenced
publications by having each of their contract employees who are performing under this contract 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 employees serving on this
contract that a positive report is needed as a condition of employment under this contract.
1.8. STANDARDS OF PERFORMANCE
1.8.1. The government requires that the contractor shall provide technically competent employees at a 100% fill
rate no later than 30 days following contract award; who will provide services at a standard enabling the
WRNMMC to provide a high level of quality anesthesiology care.
1.8.2. Joint Commission (JC) Standards. Contractor shall take part in Department or WRNMMC programs as
required to meet JC standards.
1.8.3. Other performance evaluation factors will be monitored that are not quantified by numerical measurements
which include: contractor providing personnel exceeding the minimum qualification standards; patient customer
service comments; provider and contractor relationship with hospital staff/government contracting personnel;
compliance with hospital policy and procedures.
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 Contractor Assessment Reporting System (CPARS).
1.8.5. The Contractor shall be responsible for the security of all patient information.
1.8.6. Neither the Contractor nor any of its employees serving on this contract s 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.
1.8.7. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a
result of or in connection with the performance of this contract, the resolution of which may require the
dissemination of official information, shall be directed to the COR and the KO.
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1.8.8. 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.
1.8.9. 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.
1.8.10. Contractor Verification System (CVS) will be utilized for issuance of Common Access Cards for contractors
at Army Facilities.
1.8.11. The Contractor shall comply with agency personal identity verification procedures identified in the contract
or which otherwise 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.
1.8.12. The Contractor ensure all subcontractors shall comply with agency personal identity verification procedures
when the subcontractor is required to have physical access to a federally controlled facility or access to a Federal
information system.
1.8.13. The contractor shall ensure compliance with the provisions set forth below. For purposes of FAR Clause
52.204-9 and personal identity verification procedures, the Government will designate a Trusted Agent (TA), and
the contractor shall designate a contractor security liaison for this contract. The contractor security liaison does not
have to perform only security duties, but can perform other functions for the contractor. The Government reserves
the right to amend or supplement these provisions pursuant to the Changes clause in the contract.
1.8.14. In-processing Requirements. Contractor employees serving on this contract are prohibited from performing
services under this contract absent compliance with the in-processing requirements set forth below.
1.8.15. For every contractor employee serving on this contract, the contractor security liaison shall provide the
following information to the TA for input into the Defense Enrollment Eligibility Reporting System/Real-time
Automated Personnel Identification System (DEERS/RAPIDS):
(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 contract security
liaison).
1.8.16. The contract service provider 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 .
1.8.17. 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. The COR shall notify the contractor of
the contract service provider’s user ID and password.
1.8.18. 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.
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1.8.19. 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 within 48 hours after
submission. If the application is returned or rejected, the contractor shall contact the TA and comply with the TA’s
guidance to attempt to correct and resolve the issues.
1.8.20. 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, a DD2842 must be completed and taken by the
individual with two forms of ID, one must be a picture ID. The e-mail will contain a Uniform Resource Locator
(URL) to download the form. Acceptable forms of ID to include: Driver’s License, Military ID, Contractor
Company ID with picture and expiration date, charge card with picture imprinted, and passport.
1.8.21. Revalidation Requirements. The TA is required to revalidate all contract service providers in
DEERS/RAPIDS System, every 6 months. In the event revalidation is denied, the CAC credentials shall be revoked
and the card will not be useable to login, and the contractor will be unable to perform contract requirements.
1.8.22. Out-processing Requirements. When a contract’s performance under this contract/task order ceases, the
contractor or contract security liaison shall provide written notice to the TA. The TA will remove the contractor
from DEERS/RAPIDS System. The contractor shall ensure all CAC’s and all Government issued badges and ID
cards and vehicle decals are turned in to the Government IAW the WRNMMC’s out-processing procedures and
further guidance from the contracting officer.
1.8.23. WRNMMC in/out-processing checklist: When commencing work under this contract, the contractors shall
obtain in-processing checklist(s) from the COR or designated office. All contractors are required to complete the
applicable items on the checklist and turn it in to the designated office. Upon termination or resignation, the
contractor shall complete an out-processing checklist and returns it to the designated office.
1.8.24. The contractor is responsible for absences of its employees serving on this contract 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 contractor 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.
1.9. SCHEDULE/PERIOD OF PERFORMANCE
1.9.1. WRNMMC provides services 365 days a year, 24 hours a day. The Contractor shall be required to work their
designated shifts and weekdays. Scheduling is always based on the needs of WRNMMC, and must be coordinated
through the COR. The contractor will work no more than 80 hours in a two-week period under this contract.
Contractors will work no more than 8 to 12 hours in a 24-hour period. The contractor may not leave early if the
thirty (30) minute lunch break was not taken during the shift. Hours shall be reported daily.
1.9.2. Absences. When Contractors serving on this contract have not reported for duty, have become ill, or are
unable to work during a scheduled shift, they must contact their Contractor leadership who will in turn notify the
COR.
1.9.3. Absences due to emergency shall be called into the COR by the Contractor and if other than regular business
hours Contractor must contact the Administrative Officer of the Day (AOD).
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1.9.4. Absences such as vacations, shall be coordinated and approved at least 30 days in advance and mutually
agreed upon by the COR and the Contractor. Scheduled absences shall be limited to two (2) weeks.
1.9.5. Contractor employees working under this contract shall be paid only for services rendered. These Contractor
employees will have a one-hour or 30 minute unpaid lunch period. Contractors shall coordinate lunch periods with
site supervisor. Payment to the Contractor will not be made for temporary work stoppage due to circumstances
beyond the control of the WRNMMC, such as acts of God, inclement weather, power outages, or temporary closing
of facilities.
1.9.6. Interviews. Interviews may occur as needed for security screening and security department processing. No
personal interviews will be conducted by the customer department.
1.9.7. Closures. During anticipated closure of the WRNMMC due to Command declared training holidays or during
unplanned closure of the facility due to natural disasters, military emergencies, severe weather, or otherwise, the
contractor shall not invoice the Government for services not performed and the Government will not be liable to the
contractors for any such closures.
1.9.8. Federal Holidays. The Contractor will not be paid on Federal holidays unless the Contractor is scheduled to
work on that holiday.
1.9.9. Holidays. The following is a list of federally recognized holidays. Contractors may be required to work on
these holidays as determined by the WRNMMC Department of Surgery Chief:
New Year’s Day: January 1st
Martin Luther King’s Birthday: 3rd Monday in January
President’s Day: 3rd Monday in February
Memorial Day: Last Monday in May
Independence Day: July 4th
Labor Day: 1st Monday in September
Columbus Day: 2nd Monday in October
Veteran’s Day: November 11th
Thanksgiving Day: 4th Thursday in November
Christmas Day: December 25th
NOTE: Any of the above holidays falling on a Saturday will be observed on the preceding Friday; holidays falling
on a Sunday will be observed on the following Monday. Any holidays that are declared by Presidential Executive
Order shall be observed in the same manner as the holidays listed above. If the area in which a Contractor is
scheduled to work is closed due to the Federal holiday and the Contractor is not required to report in, payment will
not be made for those hours. Closures of the installation due to inclement weather or other such acts of God shall be
handled in the same manner.
1.9.10. The Contractor may be required to work past a regularly scheduled shift in the event of an emergency.
1.9.11. OVERTIME IS NOT AUTHORIZED
1.9.12. DOD guidance (DOD 6010.13-m, 21 Nov 00) requires the timely collection of manpower data. As a result,
the contractor shall dedicate staff to the timely collection and electronic submission of work-hours per this guidance.
Uniform Chart of Accounts and Personnel Reporting System (UCAPERS)/Defense Medical Human Resource
System-internet (DMHRSi) information on 100% of all contracted employees (serving on this contract) shall be
input by the contractor bi-weekly.
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1.9.13. The contractor shall provide a workforce that is adequately rested and physically and mentally capable of
performing the duties required by this performance of work statement.
1.9.14. If the scheduled contractor cannot perform, the contractor shall provide a qualified replacement, if unable to
replace the absent employee, the contractor shall provide the Government with maximum notice but no less than two
(2) hours prior to the start of the shift.
1.9.15. Pre-employment Packet. Prior to WRNMMC orientation, the contractor shall submit to the COR a packet for
each potential employee to serve on this contract consisting of name, social security number, home telephone
number, physical examination certificate, drug test results, proof of required vaccinations flu shots and tuberculosis
screening, copy of life support training cards meeting the American Heart Association Standards as required,
background check (Standard Form 86) and any specialty job-related certification the individual may have. The COR
will notify the contractor of acceptance or non-acceptance of proposed contractor within five (5)working days of the
receipt of packets based on the contents evidencing that all qualification requirements are met. In the event of a 48
hour fill response, the COR will notify the contractor within 24 hours after submission of the pre-employment
packet whether or not all qualification requirements are met. E-verify documentation is required prior to the
contractor being in-processed. Packets may be conditionally approved, pending receipt of remaining medical
documentation prior to start of work; however they must contain the following required documentation prior to
employment; TB and drug test results, Basic Life Support training card, and Basic Life Support Certification.
1.9.16. No later than seven (7) days after notification of award, the Contractor must submit to the COR, for approval
the resumes of the applicants and copies of qualifying, trainings, certifications, degrees, BLS training, Flu shot
verification, and TB and drug test results, and any other requisite documentation as specified in Attachment 1 to the
PWS – Professional Qualifications.
1.9.17. No later than 10 days following notification of acceptance of the contractor employee by the COR, the
contractor must submit complete pre-employment packets of those contractors who will be performing services
under this contract. Documentation shall be submitted to the COR.
1.9.18. Joint Training Record (JTR) Folders: The JTR folders are provided by the Government and used to maintain
all mandatory training and skill data competency verification. For employees performing on this contract, the
contractor shall provide and update their employee information monthly and submit a percent completeness report to
the COR on the 5th calendar day of the month. The contractor must provide updated information with appropriate
credentials on a continuous basis. The contractor must submit monthly compliance reports, ensuring that Basic Life
Support information is current for all contract employees serving on this contract. All costs to receive and maintain
current certifications, for basic life support training shall be the responsibility of the contractor at no additional cost
to the Government. In the event of noncompliance, the contractor cannot schedule that specific employee for any
shifts.
1.9.19. An Installation Record Check (IRC) shall be conducted by DoD component personnel at the installation level
if the contractor employee has a DoD affiliation such as living or working on a military installation, or is a family
member of an active duty military. An IRC is not required on individuals that do not have DoD affiliation. Upon
favorable completion of the IRC, an individual may be selected to provide services to a minor child under line of
sight supervision (LOSS) until the required criminal background checks are completed. Line-of-sight supervision is
defined at DoD I 1402.5. The contractor will provide the COR with an ongoing list of all DoD affiliates. If removal
of a contractor employee is required, the COR will contact the contractor who will formally meet with the COR to
discuss further action in accordance with the WRNMMC Quality Assurance and Inspection (QA&I) Plan.
1.9.20. The contractor shall replace any contract employee serving on this contract that had to be removed from the
workplace, within two weeks (10 working days) for all positions.
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1.10. RESERVED
1.11. HEALTH AND IMMUNIZATION REQUIREMENTS
1.11.1. All contractor employees performing health care services under this contract shall comply with the Health
and Immunization requirements identified below at the time of initial request for clinical privileges and annually
thereafter (see ATTACHMENT # 2 for Sample Immunization form).
a. All contractors performing under this contract shall receive a general physical examination prior to
commencement of services. The contractor shall provide the Contracting Officer's Representative, 10 calendar days
before beginning services under this contract, a physical examination certificate for each contractor who will be
providing services on this contract. The certification shall state the date on which the physical examination was
completed and the name of the physician who performed the examination. This certification shall be signed by the
physician performing the examination. For the purposes of this paragraph, a physical examination administered
more than 45 days prior to performance of the contract will not be considered adequate. The physical examination
shall include the following:
(1) A history to show that the contractor workforce has completed a primary series of immunization
with tetanus and diphtheria toxoids and that a booster dose is current (within the past 10 years).
(2) A test for the hepatitis (Type B) virus with documentation of the results. A profile shall be
established to show immune status to hepatitis. Non-immune Health Care Workers [lacking anti-HB(c) or
anti-HB(s)] shall be required to complete an immunization series with a Hepatitis-B vaccine (e.g., Recombivax,
Engerix).
(3) The physical examination shall also document serologic evidence of immunity to measles and
rubella or to provide documentation of immunization with measles, mumps and rubella (MMR) vaccine using the
following guidelines:
(a) Contractors born before 1957 without documentation of previous vaccination with MMR
should receive one dose.
(b) Contractors born in or after 1957 who have received one dose of MMR previously shall
receive one booster dose.
(c) Contractors born in or after 1957, without documentation of any previous vaccination with
MMR, should receive two doses of vaccine, separated by no less than one month.
(4) Contractors shall be screened for tuberculosis by a tuberculin skin test using the Mantoux technique.
A skin test result of 10 mm of induration or more shall be required to have a chest roentgenogram and an evaluation
performed. A tuberculin skin test of 10 mm or more will require documentation providing an assessment of the
patient (status of infection- active, inactive; need for preventive treatment or not as determined by age, history of
BCG (Bacillus Calmette-Guerin) vaccination; duration of skin test positively, etc).
(a) If all of the immunizations and tests set forth in the preceding paragraphs have not been
completed, the contractor shall issue a certificate providing evidence of immunizations and tests that have been
completed or started and shall provide a schedule for the completion of unfinished immunizations and lab tests.
After the schedule is completed, the contractor must provide an updated and complete certificate.
(b) All contractors on this contract, who experience a parenteral (e.g., needle-stick or cut) or
mucous membrane exposure (e.g., splash to the eye or mouth) to blood or bloody body fluids, shall receive prompt
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treatment. WRNMMC will evaluate the source of exposure for risk of Hepatitis-B, Hepatitis-C, and Human
Immunodeficiency Virus (HIV) and will provide a report of the findings to the contractor and the contract provider.
It shall be the contractor's responsibility to provide appropriate treatment as needed to possibly include
Tetanus-Diphtheria booster, Immune Globulin, Hepatitis-B vaccine booster, or Hepatitis-B Immune Globulin. The
contractor shall be responsible for providing all employees performing on this contract with initial testing and if the
source of exposure was unknown, positive, or considered at high risk for HIV infection, follow-up testing 3, 6, and
12 months after exposure. In the event of a confirmed or highly suspected parenteral exposure to HIV, the contractor
shall insure that the contract provider receives appropriate counseling and is referred immediately to a private
infectious disease specialist for consideration of any experimental therapy (e.g., AZT). The Government may require
the contractor to provide evidence of the status of treatment and testing of the individual provider under the contract.
(c) Failure to meet the requirements stated herein, or when test results determine a contract
provider has a contagious disease, the Contracting Officer may, upon the advice of the WRNMMC Director or
his/her clinical staff, determine that such provider is not an acceptable individual to perform services under this
contract.
1.11.2. The contractor is responsible for maintaining the health records of its employees performing on this
contract and making them available for inspection by the Government upon request.
1.11.3. The contractors performing services shall comply with the health and immunization requirements of the
Military Treatment Facility in which they are working, at the time of initial request for clinical privileges or
employment and annually thereafter. Backup/replacement contractor employees shall be required to provide equally
current certification of health at the time of initial request for clinical privileges or employment, and annually
thereafter. The expense for all physical examinations and immunizations to comply with the health requirements
shall be borne by the contractor at no additional cost to the Government (see Attachment 2).
1.11.4. Drug testing at the expense of the contractor for all its employees performing on this contract will be part of
the initial requirement for hire as per the Army Substance Abuse Program (ASAP), (AR 600-85, dated 28 December
2012). The government reserves the right to “Do-Not-Return” a contractor at any time the COR has proof a
contractor is impaired or unfit for duty.
1.11.5. Infection Control. The contractor shall adhere to the Centers for Disease Control and all WRNMMC
guidelines concerning universal precautions, exposure control plans for Blood Borne Pathogens, and Management of
regulated medical waste, at all times while providing services under this contract. The Contractor must abide with
WRNMMC Regulation No. 1-2, Artificial Fingernail Regulation. The Infection Control Manual is available for
review upon contractor's request. The contractor shall report all PPD converters to Infection Control and comply
with guidance provided.
1.11.6. The contractor will provide proof of compliance for its employees, performing on this contract to the COR at
the time of initial request for employment, and annually thereafter.
1.11.7. Basic Life Support Training.
1.11.7.1. All contractors shall have and maintain current Basic Life Support for Healthcare Providers (BLS)
training accredited by the American Heart Association utilizing hands-on training. Multiple levels of life support
training are available through the American Heart Association. The contractor shall provide documentation of
required training for review in the pre-employment packet prior to beginning work and at the expiration date of that
training. No contractor will be scheduled to work if their Basic Life Support documentation is expired. The
contractor is responsible to backfill all scheduled shifts for the contracted employee that is unable to work due to
expired Basic Life Support documentation. BLS certification updates are required monthly.
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1.12. CREDENTIALED PERSONNEL DOCUMENTATION
1.12.1. Credentialed Personnel Documentation. Only completed pre-employment packets will be accepted by the
Government for processing. The contractor must take specific action to ensure that the contractor’s pre-employment
packets have the required qualification documentation.
1.13. RESERVED
1.14. CONTINGENCY PLANNING
1.14.1. During emergencies contract personnel may be utilized within their scope of practice as designated in their
specific duties/task (see PWS ATTACHMENT # 1, SPECIFIC TASK/ RESPONSIBILITIES).
1.15. CONTRACTOR FURNISHED SUPPLIES/EQUIPMENT
1.15.1. Supplies:
1.15.1.1 The Contractor shall furnish all personnel and services to comply with the requirements of this contract to
include uniforms, except where specifically identified as Government-furnished supplies and services (paragraph
1.16).
1.15.1.2. Point of contact. Three calendar days prior to performance of services, the contractor shall designate, in
writing, and provide to the COR and Contracting Officer, the name, address, telephone number, of the point of
contact for all actions on this requirement.
1.16. GOVERNMENT FURNISHED SERVICES
1.16.1. Government Training / Orientation.
1.16.1.1. Staff Orientation - New employee. The contracted workforce shall participate in all staff orientation and/or
training. The contracted workforce will attend a government-sponsored initial orientation to familiarize them with
the policies and procedures of WRNMMC. Orientation attendance will be scheduled by the COR. Such orientation
may include instruction on automated processing, standard operating procedures, local in-services, quality
improvement policies, communications, and occupational exposure to blood borne pathogens, safety programs, etc.
All personnel will receive and adhere to all the policies and profession guidelines in the WRNMMC Professional
Standards Booklet.
1.16.1.2. Annual Training Updates. The contracted workforce shall be required to complete an annual training
update at the WRNMMC Annual training updates may be accomplished via video or classroom instruction,
computer-based instruction, or review of written materials.
1.16.1.3. Armed Forces Health Longitudinal Technology Application (AHLTA) Training (formerly known as
CHCSII). Contractors shall attend training in the use of AHLTA. The length of training will depend upon the
computer skills of the individual Contractor. This training will be coordinated and scheduled by the COR if needed.
(Access to such patient data systems is an “Automated Data Processing Sensitive” position requiring compliance
with AR 25-2 and AR 380-67.)
1.16.1.4. HIPAA Privacy and Security Training (HIPAA 101). The contracted workforce shall be required to
complete the On-Line Web-based Training Modules within the first 30 days of performance.
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1.16.1.5. In addition to the specified courses listed above, the contracted workforce are required to attend or
complete on-line any Department of Defense, Army, or Federal Government directed courses, which are not
available to contractors outside of WRNMMC. Contractors will participate in all mandatory training.
1.16.1.6. Government unique training. The government may elect to provide unique government training to
contractors who are performing services under this contract. If the government elects to provide such training, the
government will provide such training at no additional expense to the contractor. When directed by the contracting
officer, the contracted workforce shall attend all such training in a paid status as part of the normal services required
and billed under the contract
1.16.1.7. Attendance to the aforementioned Government Training / Orientation shall be compensated.
1.17.
GOVERNMENT FURNISHED EQUIPMENT
1.17.1. The Government will provide the use of all available WRNMMC and support services, materials,
publications and forms, and equipment required for contract performance (except as designated). The contracted
workforce shall keep Government furnished supplies, equipment and work areas in a safe, orderly and clean
condition. The contracted workforce shall notify the Government whenever maintenance of equipment is required.
The contracted workforce shall abide by all WRNMMC and DoD requirements for physical security of DoD
property and equipment.
1.17.2. Telephones, facsimile machines, copiers and computer equipment are authorized for transaction of official
Government business only and shall not be used for personal business. Personal long distance calls are not
authorized and the cost of all personal long distance calls made, may be deducted from the Contractor’s invoice
payments. Telephones, facsimile machines and computer equipment are subject to communications security
monitoring at all times.
1.17.3. Offices/Space used by the contracted workforce in performance of services may be used by the
Government for other purposes during their absence. Items of clothing, personal effects, or equipment cannot be
secured during their absence. The Government will not incur any liability for theft, damage to, or loss of such
personal items.
1.17.4. The contracted workforce may be issued keys. The Contractors shall safeguard the keys from loss, theft or
destruction, and must display all keys signed for at scheduled or unscheduled key control inspections. The
Contractor shall be required to reimburse the Government for lost keys, or lockset (if locksets are required to be
replaced) as a result of lost keys.
1.17.5. Pagers. If pagers are issued, the contractor shall safeguard the pagers from loss, theft or destruction, and
must display the pager for a scheduled or unscheduled control inspection.
1.17.6. Protective Clothing. WRNMMC will supply special protective clothing and shoe covers when required.
1.17.7. Items issued will remain the property of the Government and will not be removed from the hospital. They
are to be used, turned in, or disposed of as directed.
1.17.8. Emergency Healthcare. WRNMMC will provide emergency healthcare for injuries occurring while on
duty. The Contractor shall reimburse the Government for such services.
1.17.9. Contractors shall safeguard any Government property (examples include but are not limited to pagers, keys,
cell phones, computers, hand held radios) from loss, theft or destruction, and must display the equipment upon
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demand. The contractor shall be required to reimburse the Government for lost or damaged equipment. The cost of
replacement equipment may be deducted from payments to the contractor.
1.18. QUALITY CONTROL PLAN.
1.18.1. Government Quality Assessment and Improvement (QA&I). The Government will monitor the Contractor’s
performance under this contract using the quality improvement/assessment procedures established by WRNMMC.
Additionally, the Contractor’s performance is subject to scheduled and unscheduled review by a Quality Assurance
Evaluator as defined by the WRNMMC QA Plan & AR 40-68. The contractor must provide a Quality Control plan
within 30 days of contract award.
1.19. DESCRIPTION OF WORK. (See Attachment 1 of the PWS: Professional Qualifications/ Specific
Task/Responsibilities)
1.19.1. WRNMMC is the Flagship of the Military Health System. WRNMMC ensures patient-friendly access to
high Quality health care for all military service members and their dependents, while setting the standard in
Readiness, Education and Research. Health Care Providers shall comply with all regulatory guidelines (HIPAA, TJC
and OSHA) as well as DoD regulations.
1.19.2. All contractors must possess all skills necessary to provide elite customer service at the levels established
by WRNMMC standards as stipulated by the Command and in the formal newcomers and annual training materials.
They must be able to detect and understand when they or the situation has not met service user’s expectations. All
contractors shall possess sufficient positive attitudes, excellent inter-personal skills, tact, problem solving ability,
and the ability to prioritize competing situations in the best interests of WRNMMC and its beneficiary population.
When interacting with service users, all contractors must possess the ability to interpret guidance, policy, and
direction in such a manner that identifies issues and either resolves them within overall acceptable working
standards or elevates them immediately and works with user to closure, providing a plan of resolution that is at least
clear and understandable to the user. These contractors should not simply state or recite policy or procedure as the
disposition to any issue, unless the service user is satisfied by the explanation. Contractors should have working
knowledge of all necessary contacts to problem solve and satisfy the customer/beneficiary expectations. Contractors
should have the ability to resolve potential issues with tact and the highest customer service ethic. Excellent
customer service should be emphasized at every juncture. For issues that cannot be resolved with patients, the point
of contact would be the COR.
1.20 DELIVERABLES:
1.20.1. The Contractor shall submit reports to the COR and/or the Contracting Officer as requested for use in
monitoring Contractor HCP performance. Such reports will include, but are not limited to, current license status,
initial and/or monthly/annually immunizations, BLS status.
1.20.2. CONTRACTOR MANPOWER REPORTING FOR CONTRACT PERFORMANCE WORK
STATEMENTS and Related Background Information
1.20.2.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for
performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection
site. The contractor is required to completely fill in all required data fields using the following web address:
http://www.ecmra.mil/
1.20.2.2. Reporting inputs will be for the labor executed during the period of performance during each Government
fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the
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FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may
direct questions to the help desk at help desk at: http://www.ecmra.mil
2.0. DEFINITIONS AND ACRONYMS.
2.1. DEFINITIONS:
ARMED FORCES HEALTH LONGITUDINAL TECHNOLOGY APPLICATION (AHLTA): An automated
medical information system that provides integrated support for the functional work centers of inpatient and
outpatient care facilities, patient administration, patient appointments and scheduling, nursing, laboratory, pharmacy,
radiology, and clinical dietetics.
BENEFICIARIES OF THE MILITARY HEALTHCARE SYSTEM: Those individuals entitled to care at the
WRNMMC IAW AR 40-3.
BACKUP PERSONNEL: Pre-approved contract personnel designated to move into the position of the primary
contract personnel to perform required services for the duration of his/her absence.
CLINICAL PRIVILEGES: Authorization by the government body to provide specific patient care and treatment
services in the organization, within well-defined limits, based on the individual’s education, training, experience,
competence, judgment, and physical and mental health.
CONTINUING EDUCATION: Education beyond initial professional preparation that is relevant to the type of
patient care delivered in the organization, that provides current knowledge relevant to the individual’s field of
practice, and that is related to findings from quality assurance activities.
CONTRACTOR. The term as used in this contract refers to the prime business entity on contract.
CONTRACTING OFFICER. (KO) A person with authority to enter into contracts; administer, or terminate
contracts. Make related determinations and findings on behalf of the government. Note: The only individual who
can legally bind the government.
CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by
the contracting officer to monitor contractor performance. Such appointment shall be in writing and shall state the
scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as
long as that direction is within the scope of the contract, does not constitute a change, and has no funding
implications. This individual does NOT have authority to change the terms and conditions of the contract.
DEFENSE ENROLLMENT ELIGIBILITY REPORTING SYSTEM (DEERS): A computerized system that
maintains current eligibility status for all eligible health care beneficiaries.
MILITARY TIME is on a 24-hour clock, i.e.,
8:00 a.m.-0800
9:10 a.m.-0910
Noon -1200
8:00 p.m.-2000
9:10 p.m.-2110
Midnight-2400
12:01 a.m.-0001
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MILITARY DATES are written by placing the day of the month, followed by the first three letters of the month,
followed by the last two digits of the year, i.e.,
September 02, 2001 - 02 Sep 01
November 10, 2004 - 10 Nov 04
May 1, 2005 - 01 May 05
PRIME SOURCE VERIFICATION. Confirmation from a primary source (granting agency) or a service that
confirms credentials from a primary source that the information provided by the health care provider is current,
correct, and substantiates qualifications.
PHYSICAL SECURITY. Actions that prevent the loss or damage of government property.
QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor
are performed according to acceptable standards.
QUALITY ASSESSMENT AND IMPROVEMENT (QA& I). An ongoing program designed to objectively and
systematically monitor and evaluate the quality and appropriateness of patient care, to pursue opportunities to
improve patient care, and to resolve identified problems.
QUALITY CONTROL (QC). Those actions taken by the Contractor to control and ensure that performance of
duties meet the requirements of the contract.
SUBCONTRACTOR. A business entity that enters into a subcontract and assumes some of the obligations of the
prime business entity in support of the contract.
TRAINING HOLIDAYS. Training holidays are days designated by the WRNMMC Director either the workday
preceding or following a legal public holiday. The number of training holidays may vary from year to year.
WORK DAY. The number of hours per day the contracted workforce provides services.
WORK WEEK. Is defined as Monday through Sunday (dependent on workload and mobilization requirements).
2.2. ACRONYMS.
ACOR
ACS
ADP
AHA
AHLTA
AR
AMA
AOD
BCLS
BLS
CFR
CHAMPUS
CHCS
CLIN
CME
CONUS
COR
-
Alternate Contracting Officer's Representative
Army Community Services
Automated Data Processing
American Hospital Association
Armed Forces Health Longitudinal Technology Application
Army Regulation
American Medical Association
Administrative Officer of the Day
Basic Cardiac Life Support
Basic Life Support
Code of Federal Regulations
Civilian Health and Medical Program of the Uniformed Services
Composite Health Care System
Contract Line Item Number
Continuing Medical Education
Continental United States (excludes Alaska and Hawaii)
Contracting Officer Representative
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COTR
COTS
CPGs
CVS
DA
DEA
DA
DCCS
DEA
DMHRSi
DMRC
DOD
DODI
ECFMG
EFT
FAR
FIPS PUB
FSO
FTE
GS
HCAA
HIPAA
HSPD
JC
JTR
KO
MEDCEN
MEDCOM
MEDDAC
MHS
MTF
MWR
NACI
NASW
NCOIC
NRP
OCONUS
OIC
OMB
OTSG
OSHA
PAD
PWS
PDH-CPG
-
PDHRA
PIPO
PL
POC
PPIMS
QA&I
-
Contracting Officer's Technical Representative
Commercial Off the Shelf
Clinical Practice Guidelines
Contractor Verification System
Department of Army
Drug Enforcement Administration
Department of the Army
Deputy Commander for Clinical Services
Drug Enforcement Administration
Defense Medical Human Resources System Internet
Deployment Medical Readiness Clinic
Department of Defense
Department of Defense Instruction
Educational Commission for Foreign medical Graduates
Electronic Funds Transfer
Federal Acquisition Regulation
Federal Information Processing Standards Publication
Facility Security Officer
Full Time Equivalent
General Schedule
Health Care Acquisition Activity
Health Insurance Portability & Accountability Act of 1996
Homeland Security Presidential Directive
Joint Commission
Joint Training Record
Contracting Officer
Medical Center
Medical Command
Medical Department Activity
Military Health System
Military Treatment Facility
Morale, Welfare and Recreation
National Agency Check with Inquiries
National Association of Social Workers
Noncommissioned Officer in Charge
Neonatal Resuscitation Program
Outside Continental United States (includes Alaska and Hawaii)
Officer-in-Charge
Office of Management and Budget
Office of The Surgeon General, U.S. Army
Occupational Safety & Health Association
Patient Administration Division
Performance Work Statement
Post Deployment Health Evaluation and Management - Clinical Practice
Guidelines
Post-Deployment Health Re-Assessment
Phase In/Phase Out
Public Law
Point of Contact
Past Performance Information Management System
Quality Assessment & Improvement
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QA
QC
QAP
QASP
QCP
RFP
RMC
SF
SRP
TA
TAB
-
Quality Assurance
Quality Control
Quality Assurance Program
Quality Assurance Surveillance Plan
Quality Control Program
Request for Proposal
Regional Medical Command
Standard Form
Soldier Readiness Processing
Trusted Agent
Therapeutic Agents Board
3.0. APPLICABLE TECHNICAL ORDERS, MANUALS, REGULATIONS, DIRECTIVES AND FORMS.
All applicable directives and publications {advisory or mandatory}, and supplements or amendments to these
directives and publications will be current when furnished to the contractor. Directives will be available to
contractor upon request. Current issues of many DA publications and many forms can be accessed at
http://www.usapa.army.mil. DOD publications and forms can be accessed at http://www.defenselink.mil.
3.1. Publications and forms not on the websites can be obtained from the WRNMMC.
3.2. The Contractor is required to follow all mandatory documents to the extent they apply to this contract. Any such
changes to mandatory publications that cause a change in the scope of performance will not be implemented by the
Contractor until the Contracting Officer issues a modification in writing.
3.3. Mandatory:
AR 25-1, 30 Nov 98
- Guidance for Management of Publicly Accessible U.S. Army
Websites
AR 25-2, 14 Nov 03
- Information Assurance
AR 40-1, 1 Aug 90
- Composition, Mission and Functions of the Army Medical
Department
AR 40-2, 3 Mar 78
- Army Medical Treatment Facilities and General
Administration, as currently amended
AR 40-3, 15 Feb 85
- Medical Services: Medical, Dental and Veterinary Care
AR 40-5, 15 Oct 90
- Preventive Medicine
AR 40-25,
- Protocol for accepting outside civilian provider requests for laboratory
and radiology
AR 40-66, 1 Jun 92
- Medical Record Administration
AR 40-68, 20 Dec 89
- Quality Improvement Administration w/Interim Change 1, 26 Jun 91
AR 190-51, 30 Sep 93
- Security of Unclassified Army Property, (Sensitive and Nonsensitive)
AR 310-25, 15 Oct 83
- Dictionary of U.S. Army Terms
AR 380-19, 27 Feb 98
- Information Systems Security
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AR 380-67, 9 Sep 88
- The Department of the Army Personnel Security Program
AR 385-10, 29 Feb 00
- The Army Safety Program
AR 385-40, 1 Nov 94
- Accident Reporting and Records
AR 600-15, 09 NOV 1999
AR 600-85, 1 Oct 01
- Army Substance Abuse Program (ASAP)
Public Law 91-596
- Occupation Safety and Health Administration, 29Dec 70
JCAHO Manual
- Accreditation Manual for Hospitals, current edition
JTR, 1 Jan 00
- Joint Travel Regulations, Volume 2, changes through Aug 2007
DOD Directive 5200.2
- DoD Personnel Security Program 9 Apr 99
DOD Directive 5200.28,
21 Mar 88
- Security Requirements for Automated Information Systems
(AISS)
HSC Pam 310-1, Jun 84
- Index of HSC Command Administrative
Publications
MEDDAC Policy and Procedure Memorandums
WRNMMC’s official abbreviation book
WRNMMC Professional Standards 2011
FIPS PUB 201 https://www.idmanagement.gov/sites/default/files/documents/FIPS-201-1-chng1_0.pdf.
OMB Guidance M-05-24 (dated August 5, 2005).
https://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2005/m05-24.pdf.
3.4. Advisory:
AR 310-25, 15 Oct 83
- Dictionary of U.S. Army Terms
HSC Pam 40-7-17
20 Sep 82
- Emergency Medical Service Communications
HSC Pam 310-1, Jun 84
- Index of HSC Command Administrative
Publications
4.0. ATTACHMENTS/TECHNICAL EXHIBIT LIST:
Attachment #1- PROFESSIONAL QUALIFICATIONS, SPECIFIC TASK/ RESPONSIBILITIES
Attachment #2 - SAMPLE FORM-IMMUNIZATION
Attachment #3 - FILL/VACANCY REPORT (SAMPLE)
Attachment #4 - PERFORMANCE REQUIREMENT SUMMARY (PRS)
Attachment #5 - QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
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Attachment #6 - SUPPLEMENT TO THE PWS
Attachment #7- PAST PERFORMANCE QUESTIONAIRE
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ATTACHMENT # 1 PROFESSIONAL QUALIFICATIONS/SPECIFIC TASKS/RESPONSIBILITIES.
A. PROFESSIONAL QUALIFICATIONS: GENERAL QUALIFICATIONS AND REQUIREMENTS THAT APPLY TO ALL HEALTH CARE WORKERS (HCW) UNDER THIS PWS: 1. FAILURE AND/OR INABILITY TO PERFORM: Should the health care worker be unable to perform duties
under this contract due to medical or physical disability for more than 13 consecutive days, performance under this
contract may be suspended by the Commander until such medical or physical disability is resolved. If performance
under this contract is so suspended, no reimbursement shall be made and no other compensation shall accrue to the
health care worker so long as performance is suspended. If clinical privileges of a health care worker have been
summarily suspended pending an investigation into questions of professional ethics or conduct, performance under
the contract may be suspended until clinical privileges are reinstated. No reimbursement shall be made to the
contractor for the affected health care worker so long as performance is suspended. The denial, suspension,
limitation, or revocation of clinical privileges based upon practitioner impairment or misconduct will be reported to
the appropriate licensing authorities of the state in which the license is held. Any health care worker demonstrating
impaired judgment will be removed from providing healthcare services. The Government reserves the right to
remove any employee who, in the judgment of a licensed physician, is impaired by drugs or alcohol. Any health care
worker with alcohol or drug abuse problems may be allowed to return to work under the terms of this contract only
with prior Government approval.
2. PERSONNEL QUALIFICATIONS. The contractor shall provide personnel having certain minimum levels of
training and experience. Proof that offered candidates possess these traits must be provided with each contractor's
proposal for a health care worker. Contractor staff shall participate in executing the Emergency Preparedness Plan
(drills and actual emergencies) as scheduled by the MTF (typically semi-annually). Personnel re-call list with
personal contact information for all military, civil service and contractor staff is required to prepare in advance for
an actual emergency. Upon commencement of performance, the contractor shall provide the COR with a list of
personal contact information for a designated contractor representative as well as all contractor staff performing
services. The contractor shall provide an updated list to the COR bi-monthly. Should an emergency occur that will
affect the HCWs' shifts, the designated contractor representative and the HCWs will be contacted.
3. Health care workers shall read, write, speak, and understand the English language fluently and maintain good
communication skills with patients and other health care personnel. Health care workers shall be physically capable
of standing and/or sitting for extended periods of time and capable of normal ambulation. Health care workers shall
be eligible for U.S. employment. No alien shall be allowed to perform under this contract in violation of the
Immigration Laws of the United States. Health care workers shall represent an acceptable malpractice risk to the
Government. Health care workers shall be in good standing, and under no restrictions, with the state licensure board
in any state in which a license is held or has been held within the last ten (10) years.
4. Health care workers shall maintain current certification in American Heart Association Basic Life Support (BLS)
for Health care Providers; American Heart Association Health care Provider Course; American Red Cross CPR
(Cardio Pulmonary Resuscitation) for the Professional Rescuer; or equivalent. Health care workers shall be current
with and have completed all continuing education requirements specified by their professional licensure or
certification. Within seven (7) days prior to performance of services by the HCW, the HCW shall obtain, at
contractor expense, documentation of required immunizations and physical testing, and a statement from the HCW’s
physician or a report of a physical examination. The physical examination and immunization documentation shall
indicate that the HCW is free from mental or physical impairments that would restrict the HCW from providing the
services described herein. Attachment two (2) of this PWS details the necessary immunizations and physical
examinations required. Attachment two (2) shall be completed and signed by the health care worker's physician. The
facility shall identify any incumbent HCWs who are not required to complete this documentation after contract
award. Declinations shall only be permitted based on either the HCW's religious convictions or medical
contraindications (as documented by a qualified healthcare provider). The Hepatitis B vaccine declination can be
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found at http://www.osha.gov/SLTC/etools/hospital/hazards/bbp/declination.html. No medical tests or procedures
required by the contract may be performed in the MTF. Expenses for all required tests and/or procedures shall be
borne by the contractor at no additional expense to the Government. HCWs shall agree to undergo personal health
examinations and such other medical and dental examinations at any time during the term of this contract, as the
Commanding Officer may deem necessary for preventive medicine, medical surveillance, performance
improvement, or privileging purposes. These examinations will be provided by the Government. If the contractor
chooses, these examinations may be provided by private physician or dentist, at no expense to the Government.
5. BLOODBORNE PATHOGEN ORIENTATION PROGRAM. HCWs shall participate in the Command's Blood
borne Pathogen Orientation Program. The HCW shall also participate in all required annual training' and in
periodic training for all procedures that have the potential for occupational exposure to blood borne pathogens.
6. MANAGING THE CLINICAL RISK IN THE WORK ENVIRONMENT. The work environment inherently
involves risks typically associated with the performance of clinical oral procedures. The HCW may be exposed to
contagious disease, infections and flying dental debris, requiring the wearing of personal protection equipment such
as scrub attire, gloves, masks, and eye protection.
7. ORIENTATION. Each health care worker shall undergo an orientation. Orientation shall take place at a mutually
agreeable time during the first 30-day period immediately following the commencement of service by the health
care worker(s). Orientation may be waived for personnel who have previously provided services at WRNMMC,
Bethesda, MD. Orientation shall consist of three (3) days of Command Orientation (which includes annual training
requirements for topics such as fire, safety, infection control, and family advocacy) and four (4) hours of
information systems orientation (which includes the Composite Health Care System (CHCS)/Armed Forces Health
Longitudinal Technology Application (AHLTA), PACS (picture archiving and communication system),
teleradiology systems, dictation system and radiology web browser). Orientation will be provided to new contractor
employees, as required during initial regularly scheduled shifts. The health care worker shall complete all orientation
within 60 days after commencement of services.
8. NO RESEARCH WILL BE CONDUCTED/PERFORMED ON THIS CONTRACT.
9. The contracted GENERAL ANESTHESIOLOGISTS shall have the following qualifications:
(a) Education: successfully completed an Undergraduate Program, Medical School (M.D. or D.O.), Internship,
and Residency Program.
(b) Certification Licensure: Current BLS and ACLS if required by the client Experience. Valid unrestricted medical license in at least 1 state, territory or commonwealth of the U.S. and shall at a minimum be Board Eligible. All contract anesthesiologist must be a diplomat of the American Board of Anesthesiology. In addition they must be participants in the Maintenance of Certification Anesthesia (MOCA) program run by the ABA. (c) Experience: A minimum of five (5) years experience as an Anesthesiologist is required. 10. The PEDIATRIC ANESTHESIOLOGIST must have completed a pediatric fellowship (minimum length of 12
months) or equivalent. A minimum of five (5) years experience in pediatric anesthesia is required. Fellowship
Training: Satisfactory completion of a one-year fellowship program in pediatric anesthesiology that was ACGMEaccredited throughout the time of enrollment, with verification from the program director.
11. The REGIONAL ANESTHESIOLOGIST must have completed a regional fellowship (minimum length of 12
months) or equivalent. A minimum of five (5) years experience in regional anesthesia is required.
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12. The CARDIAC ANESTHESIOLOGIST must have completed a cardiac fellowship (minimum length of 12
months) or equivalent. A minimum of five (5) years experience in cardiac anesthesia is required.
13. The NEURO ANESTHESIOLOGIST must have completed a neuro anesthesia fellowship (minimum length
of 12 months) or equivalent. A minimum of five (5) years experience in neuro anesthesia is required.
14. The PAIN MANAGEMENT ANESTHESIOLOGIST requires Pain Medicine Subspecialty Board
Certification form the American Board of Anesthesiology. The anesthesiologist must have completed an Accredited
Council for Graduate Medical Education (ACGME) recognized pain medicine fellowship program (minimum length
of 12 months) and passed the Pain Medicine Subspecialty Boards) within two years of completing fellowship. A
minimum of five years experience in pain medicine is required. Recent experience in working with severely injured
trauma patients with co-existing traumatic brain injury, traumatic brain injury, and co-morbid substance abuse
disorders is required. Recent experience in teaching pain management best practices to primary care providers is
required. The Anesthesiologist-Pain Management shall meet the following qualifications, duties, and requirements
specified by this contractual instrument.
(1) Possess a current license to practice as an anesthesiologist in any state or the District of Columbia at
all times.
(2) The license must grant the provider the ability to use diagnostic pharmaceutical agents (DPAs)
and therapeutic pharmaceutical agents (TPAs).
(3) Shall be Board Certified in Anesthesiology by the American Board of Anesthesiology.
(4) Fellowship training in pain management in an accredited ACGME program.
(5) The government requires the candidate to have subspecialty certification in Pain Medicine by
the American Board of Anesthesiology.
(6) Shall have a minimum of five years post-graduate experience in interventional pain
management.
(7) Shall have current Basic Life Support (BLS) certification from the American Heart
Association.
(8) Advanced Cardiac Life Support or other advanced certification does not supersede BLS
certification.
(9) Shall have experience in an academic environment teaching residents and fellows, both in classroom
and operating room setting.
(10) Recent experience in working with severely injured trauma patients with co-existing traumatic
brain injury, traumatic brain injury, and co-morbid substance abuse disorders is required.
(11) Recent experience in teaching pain management best practices to primary care providers is
required.
(12) Serve as a staff physician in pain management clinic. Responsible for diagnosing and treating
chronic pain conditions. Treatment includes medical management, and diagnostic and therapeutic
interventional therapies.
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(13) Have experience in an academic environment teaching residents and fellows, both in classroom and
operating room setting.
(14) Facility with complex cases involving invasive monitoring and vaso-active i n fusions.
(15) Research experience in chronic pain management.
(16) Proven ability to interact collegially with colleagues, trainees, and ancillary personnel.
(17) Experience with Process Improvement, Medical education planning, or Clinical Patient Simulator
environments a plus.
(A) Other Qualifications pertaining to ALL Anesthesiologists:
a.
Shall be able to read, write, speak and understand English well enough to effectively
communicate with all patients and other HCPs.
b.
Shall be knowledgeable of equipment and supply terminology and skill sufficient to identify and
use necessary equipment and supplies properly and to communicate proper use with nurses, medical
staff, patients, and family members.
c.
Shall be sufficiently skilled to teach patients proper self-care and to motivate patients and family
members to continue the procedures for promoting rapid healing.
d.
Shall be knowledgeable and possess skills necessary to provide care appropriate to any agerelated needs of the patients. The Contract Anesthesiologist shall demonstrate knowledge of the
principles of growth and development appropriate to the appropriate patient population served: Infants,
Children, Adolescent, Adults, and Geriatric (>65).
e.
Assess, coordinate, facilitate, deliver and evaluate care for infant to geriatric patients using
the nursing process.
f.
Possess knowledge of a wide range of medical disorders/conditions, diagnostic studies and
treatments related to prevention, and detection of illnesses in adults, is desirable.
g.
The contracted Anesthesiologist shall be knowledgeable in professional care theories,
principles, practices, and procedures to perform nursing assignments of moderate difficulty and
experience in assessing adult and geriatric patients, as appropriate.
h.
Possess knowledge of computer operations and proficiency in the use of basic word
processing, data entry and automated medical records, CHCS/AHLTA/Essentris/Innovian.
Mandatory use of medical database for keeping records, ordering of ancillary procedures,
ordering of medications, writing doctor’s orders, schedule follow-up visits and performing other
required patient functions. The government will provide training to contract employees.
i.
All contractor HCPs must have experience in an academic medical center teaching residents
and medical students, both in classroom and operating room setting.
j.
All contractor HCPs must have experience in a facility with complex cases involving
invasive monitoring and vasoactive infusions. All HCPs must have been providing this care at
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least 20% of the time in the last two years. As a member of the WRNMMC Anesthesia
Department, the ability to provide perioperative care to both critically injured and a critically ill
ASA-4 and ASA-5 patient is a requirement.
k.
All contractor HCPs must have experience with process Improvement, Medical education
planning, or Clinical Patient Simulator environments a plus.
l.
All contractor HCPs must be able to oversee other contractor (not government employees)
Anesthesia residents, interns, medical students and SRNAs in the conduct of general and regional
anesthetics.
m.
Be a U.S. citizen
B. SPECIFIC DUTIES/TASKS THE CONTRACT EMPLOYEE SHALL PERFORM (Broken out by
Labor Category):
1.
General Anesthesiologist (12 FTEs): The contracted General Anesthesiologist shall provide the
following services and in strict compliance with standing orders and protocols set forth by the MTF, and
IAW JC guidelines to include, but shall not necessarily be limited to the following:
(1) Prepare and review case histories and obtain data through interviews of patients.
(2) Provide routine and emergent anesthesia care for neonatal through geriatric patients with
American Society of Anesthesiologists (ASA) classifications I - VI.
(3) Provide regional and/or general anesthesia care for the following subspecialties: general surgery,
obstetrics, gynecology, cardiothoracic, vascular, adult dentistry, pediatric dentistry, otolaryngology,
neurosurgery, urology, ophthalmology, oral surgery, orthopedics, plastic surgery, podiatry, and
dermatology.
(4) Administer appropriate diagnostic and therapeutic nerve blocks in the treatment of acute and
chronic pain.
(5) Provide resuscitative care during a cardiopulmonary arrest, and sedation or general anesthetic care
at remote locations.
(6) Personally provide this care, or he/she shall collaborate with the simultaneous delivery of
anesthesia care by up to four certified registered nurse anesthetists (CRNAs); administer anesthesia
in lieu of CRNA to patients whose condition poses a particular anesthetic difficulty.
(7) Assist in the activities of the recovery room and administer appropriate drug and respiratory
therapy in the recovery room setting.
(8) Implement the proper use of mechanical ventilators in the recovery room, and as necessary, in the
intensive care units.
(9) Interpret tests results and evaluate findings.
(10) Work under the general professional direction of the Chief of Anesthesiology Services.
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(11) Provide consultation services for members of the MTF staff for purposes of specialty area
training. As required, the contracted HCP shall serve in a teaching capacity to staff members assigned
to the MTF and ambulatory clinics.
(12) Maintain accurate clinical records and receiving consultations and laboratory work of specific
patients.
(13) Shall have documentation of current Drug Enforcement Agency number.
(14) The Contract HCP shall demonstrate skills in interviewing, examination, assessment, and
management of patients with general medical and surgical health problems. Seriously ill patients shall
be managed in consultation with or by direct referral to specialty physicians.
(15) In addition the General Anesthesiologist shall also cover duties aligned with Personal and
Medical Direction. Both are outlined as follows:
(i)
Personal – Preanesthetic evaluation of the patient.
(ii)
Personal – Plans and implements anesthesia plan.
(iii)
Personal – Provide induction of post-anesthesia care.
(iv)
Personal – Perform duties as directed by the Chief, Anesthesia and Operative Service.
(v)
Medical Direction – Preanesthetic evaluation of the patient.
(vi)
Medical Direction – Prescription of the anesthesia plan.
(vii)
Medical Direction – Personal participation in the most demanding procedures in this plan,
especially those of induction and emergence.
(viii)
intervals.
Medical Direction – Following the course of anesthesia administration at frequent
(ix)
Medical Direction – Remaining physically available for the immediate diagnosis and
treatment of emergencies.
(x)
Medical Direction – Providing indicated post anesthesia care.
(xi)
Prepare patients and if necessary, equipment for procedures.
(xii)
Performance of invasive procedures.
(16) Maintains professional competency involving clinical skills and knowledge through participation in
professional organizations, self-directed journal readings, and attendance at in-service and continuing education
programs.
(17) Complete all forms and reports accurately and promptly when appropriate.
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(18) Instruct and teach the Army members as necessary.
(19) Provide patient education on therapy, medications, and procedures when necessary.
(20) Perform other duties and tasks as assigned from time to time.
(21) Participate in the clinic quality assurance, utilization review, risk management, and peer review activities.
(22) Attends medical staff meetings as required.
2.
PEDIATRIC ANESTHESIOLOGIST (3 FTE). The Pediatric Anesthesiologist shall provide the
following services and in strict compliance with standing orders and protocols set forth by the MTF, and
IAW JC guidelines to include, but shall not necessarily be limited to the following, in addition to
requirements above the Pediatric Anesthesiologist must:
(1) Hold an unexpired license to practice medicine or osteopathy in at least one state or jurisdiction of the
United States.
(2) An anesthesiologist’s clinical practice has been devoted primarily to pediatric anesthesiology for the
last two (2) years, or at least 30% of an anesthesiologist’s clinical practice, averaged over the last
five (5) years, has been devoted to pediatric anesthesiology.
(3) The anesthesiologist’s practice must include neonates and children under the age of two (2) years and
procedures considered high-risk.
(4) Attestations from the HCP as well as the surgery’s Department Anesthesiologist that the HCP meets
these practice requirements shall be required. Pediatric anesthesiologists treat children from the
newborn period through the teenage years. They choose to make pediatric care the core of their medical
practice, and the unique nature of medical and surgical care of children is learned from advanced
training and experience in practice.
(5) Pediatric Anesthesiology is a discipline of anesthesiology that includes the evaluation, preparation, and
management of pediatric patients undergoing diagnostic and therapeutic procedures in operative and
critical care settings. In addition, this discipline also entails the evaluation and treatment of children
with acute and chronic painful disorders.
(6) Be a Diplomat of the ABA;
(7) Be participants in the ABA's Maintenance of Certification in Anesthesiology (MOCA) program;
(8) Have satisfactorily completed fellowship training in pediatric anesthesiology or possess the required
experience in pediatric anesthesiology as described below.
(9) Pediatric anesthesiologists are responsible for the general anesthesia, sedation, and pain management
needs of infants and children.
(10) Evaluation of complex medical problems in infants and children when surgery is needed.
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(11) Planning and care for before and after surgery.
(12) Nonthreatening environment for children in the operating room.
(13) Pain control, if needed after surgery, either with intravenous (IV) medications or other anesthetic
techniques.
(14) Anesthesia and sedation for many procedures out of the operating room such as MRI, CT scan, and
radiation therapy.
3. REGIONAL PAIN ANESTHESIOLOGIST (2 FTE) .The contracted Regional Pain
Anesthesiologist, shall provide the following services and in strict compliance with standing orders and
protocols set forth by the MTF, and IAW JC guidelines to include, but shall not necessarily be limited
to the following:
(1) Shall have a current license to practice as an Anesthesiologist in any state or the District of
Columbia at all times. Shall be Board Certified in Anesthesiology by the American Board of
Anesthesiology.
(2) Shall possess a current Basic Life Support (BLS) certificate and a current Advanced Cardiac
Life Support (ACLS) certificate from the American Heart Association or its equivalent.
(3) Shall possess a current Drug Enforcement Agency registration for controlled substances.
(4) Facilitates complex cases involving invasive monitoring and vasoactive infusions.
(5) Have experience in an academic teaching residents and medical students, both in classroom
and operating room setting.
(6) Experience with process Improvement, Medical education planning, or Clinical Patient
Simulator environments a plus.
(7) Able to recommend Anesthesia residents, interns, medical students and SRNAs in their training
in the conduct of general and regional anesthetics.
(8) Successfully completed a Fellowship program or possess documented ability in advanced
regional anesthesia techniques.
(9) Perform as expert Anesthesiologist.
(10) There are two types of duties for an Anesthesiologist and they are Personal and Medical
Direction. Both are outlined as follows:
(i)
Personal – Preanesthetic evaluation of the patient.
(ii) Personal – Plans and implements anesthesia plan.
(iii) Personal – Provide induction of post-anesthesia care.
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(iv) Personal – Perform duties as directed by the Chief, Anesthesia and Operative Service.
(v) Medical Direction – Preanesthetic evaluation of the patient.
(vi) Medical Direction – Prescription of the anesthesia plan.
(vii) Medical Direction – Personal participation in the most demanding procedures in this plan, especially
those of induction and emergence.
(viii) Medical Direction – Following the course of anesthesia administration at frequent intervals.
(ix) Medical Direction – Remaining physically available for the immediate diagnosis and treatment of
emergencies.
(x) Medical Direction – Providing indicated post anesthesia care.
(11) Prepare patients and if necessary, equipment for procedures.
(12) Performance of invasive procedures.
(13) Maintains professional competency involving clinical skills and knowledge through
participation in professional organizations, self-directed journal readings, and attendance at
in-service and continuing education programs.
(14) Complete all forms and reports accurately and promptly when appropriate.
(15) Instruct and teach the DoD members as necessary.
(16) Provide patient education on therapy, medications, and procedures when necessary.
(17) Perform other duties and tasks as assigned from time to time.
(18) Participate in the clinic quality assurance, utilization review, risk management, and peer
review activities.
(19) Attends medical staff meetings as required.
4. PAIN MANAGEMENT ANESTHESIOLOGIST (4 FTEs). The contracted Pain Management
Anesthesiologist, shall provide the following services and in strict compliance with standing orders and protocols
set forth by the MTF, and IAW JC guidelines to include, but shall not necessarily be limited to the following:
(1) Serves as an authoritative source of information in the areas of anesthesia care for clinic staff;
refers patients for consultation to other HCPs when appropriate; instruct and monitor physician
assistants in the areas of anesthesia care.
(2) Able to provide clinical recommendations to Anesthesia residents, interns, medical students and
SRNAs in the conduct of general and regional anesthetics.
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(3) There are two types of duties for an Anesthesiologist and they are Personal and Medical
Direction. Both are outlined as follows:
(i)
Personal — Pre-anesthetic evaluation of the patient.
(ii)
Personal — Plans and implements anesthesia plan.
(iii)
Personal — Provide induction of post-anesthesia care.
(iv)
Personal — Perform duties as directed by the Chief, Anesthesia and Operative Service.
(v)
Medical Direction — Pre-anesthetic evaluation of the patient.
(vi)
Medical Direction — Prescription of the anesthesia plan.
(vii)
Medical Direction — Personal participation in the most demanding procedures in his plan,
especially those of induction and emergence.
(viii)
Medical Direction — Following the course of anesthesia administration at frequent intervals.
(ix)
Medical Direction — remaining physically available for the immediate diagnosis and
treatment of emergencies.
(x)
Medical Direction — providing indicated post anesthesia care.
(4) Prepare patients and if necessary, equipment for procedures.
(5) Performance of invasive procedures.
(6) Maintains professional competency involving clinical skills and knowledge through participation
in professional organizations, self-directed journal readings, and attendance at in-service and
continuing education programs.
(7) Complete all forms and reports accurately and promptly when appropriate.
(8) Instruct and teach the DoD members as necessary.
(9) Provide patient education on therapy, medications, and procedures when necessary.
5. CARDIAC (2FTE) and NEURO ANESTHESIOLOGIST (1 FTE). The contracted Anesthesiologist,
shall provide the following services and in strict compliance with standing orders and protocols set forth by the MTF,
and IAW JC guidelines to include, but shall not necessarily be limited to the following:
(1) Must possess at a minimum a current valid license to legally practice in one of the 50 states
in the United States, or the District of Columbia, or the Commonwealth of Puerto Rico, or a
U.S. Territory.
(2) Ability to effectively communicate with HCPs at all levels and to provide professional assistance
to health care finders in making referrals to appropriate HCPs.
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(3) Shall possess a working knowledge of military culture, customs, and procedures including
military profiles and retention of Active Duty personnel.
(4) Must be familiar with working with computerized patient care systems, be familiar with working
with the Internet, and have a working knowledge of Microsoft Word, Excel, PowerPoint,
Outlook, and Explorer.
(5) Shall have and maintain current certification in Basic Cardiac Life Support (BCLS).
(6) Certification must be by American Heart Association and individual must demonstrate ability to
initiate CPR in event of respirator or cardiopulmonary arrest.
(7) Certifications must be renewed every year at no additional cost to the Government.
(8) The Contract Anesthesiologist shall meet the qualifications for that specialty and perform
essentially the same functions, within the scope of acceptable standards for their technical
professional discipline, as those required by DoD or government service technical professionals
of similar experience and in similar duty assignments.
(9) The Contractor employee shall protect patient health information from unauthorized disclosure in
accordance with HIPPA requirements.
(10) The Contractor employee shall adequately protect the government’s interest, retain control of
the function involved; or retain full responsibility for the function supported.
(11) The Contractor employee shall complete any mandatory annual medical/government required
training and stay current.
C. OTHER TASK AND RESPONSIBLITIES THE CONTRACT EMPLOYEE SHALL PERFORM BUT
NOT LIMITED TO: The HCP shall perform all applicable duties given within the General Duties and Labor
Category Specific Duties and the following additional duties:
a.
b.
c.
The HCP shall perform a full range of Anesthesiologist services for medical staff, support personnel,
inpatients and outpatients in support of the Anesthesia Services using Government furnished facilities,
equipment, and supplies within the assigned unit of the MTF. The HCP’s productivity is expected to be
comparable with that of other Anesthesiologists assigned to the same facility and authorized the same
scope of practice.
The HCP shall provide training as applicable to supporting Government (i.e. hospital corpsmen, LPNs,
RNs, resident, medical students, interns etc.) assigned to the HCP during the performance of clinical
procedures. The HCP shall perform limited administrative duties which include maintaining statistical
records of the HCP clinical workload, participating in education programs, and participating in clinical
staff quality assurance functions and Process Action Teams, as prescribed by the Commanding
Officer.
Participate in meetings to review and evaluate the care provided to patients, identify opportunities to
improve the care delivered, and recommend corrective action when problems exist. Should a meeting
occur outside of the HCP’s regular working hours, the HCP shall be required to read and initial the
minutes of the meeting.
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d.
Participate in the provision of monthly in-service training to non-health care-practitioner members of
the clinical and administrative staff on subjects germane to the HCP’s specialty.
e. Participate in the provision of in-service training to staff members of the clinic and administrative staff
on subjects germane to medical care and attend annual renewal of the following Annual Training
Requirements provided by WRNMMC: family advocacy, disaster training, infection control, Sexual
Harassment and Blood borne Pathogens.
f. Participate in the implementation of the Family Advocacy Program as directed. Participation shall
include, but not be limited to, appropriate medical examination, documentation and reporting.
g. Attend Composite Health care System (CHCS)/Armed Forces Health Longitudinal Technology
(AHLTA) training provided by the Government for a minimum of four (4) hours, and up to a
maximum of 40 hours.
h. Attend all annual training classes required by this command.
i. Perform administrative duties that include maintaining statistical records of your workload, operate and
manipulate automated systems such as Composite Health Care System (CHCS), participating in
education programs, and participating in clinical staff quality assurance functions and Process Action
Teams, as prescribed by the Commanding Officer.
j. Possess and maintain current certification in American Heart Association Basic Life Support (BLS) for
Health care Providers; American Heart Association Health care Provider course; American Red Cross
CPR (Cardio Pulmonary Resuscitation) for the Professional Rescuer; or an equivalent MTF course.
HCPs, not currently in possession of current certification, must acquire certification prior to initiating
contract performance. Web based classes do not meet these standards. A copy of the BLS instruction
may be obtained from the World Wide Web at:
http://www.med.navy.mil/directives/ExternalDirectives/1500.15E%20CH-1.pdf . Renewal of BLS
may be done via on-site, WRNMMC classes at the discretion of the Chief of anesthesia when it is
deemed to be in the best interests of WRNMMC to do so.
k. Comply with the standards of the Joint Commission, applicable provisions of law and the rules and
regulations of any and all Governmental authorities pertaining to licensure and regulation of health
care personnel and medical treatment facilities, the regulations and standards of medical practice of the
MTF and the bylaws of the hospital's medical staff. Adhere to and comply with all DoD and local
Clinic instructions and notices that may be in effect during the term of the contract.
l. Comply with the HIPAA (Health Insurance Portability and Accountability Act) privacy and security
policies of the treatment facility. Providers shall obtain/maintain a National Provider Identifier (NPI)
in accordance with DOD and MTF policy/instruction.
m. The HCP shall participate in executing the Emergency Preparedness Plan (drills and actual
emergencies) as scheduled by the MTF (typically semiannually). A MTF personnel re-call list with
personal contact information for all military, civil service and contract employees is required to
prepare in advance for an actual emergency. The HCP shall provide personal contact information to
the designated supervisor upon commencement of services.
n. Should an emergency occur, the HCP shall be contacted with shift information and for accountability
purposes.
o. Perform a full range of Anesthesiologist services on-site using Government-furnished supplies,
facilities and equipment. Productivity is expected to be comparable with that of other contracted
individuals performing similar services.
p. Give two grand round lectures via a power point presentation annually. In addition, chapter reviews
and case conferences will be assigned. The HCP shall share responsibility for preparing residents for
their boards and producing a strong academically and clinical sound anesthesiologist. Technically
direct, perform, or assist in the instruction of, other health care professionals in accordance with
clinical privileges.
q. Prescribe and dispense medications as delineated by the Pharmacy and Therapeutics Committee.
r. Promote preventive and health maintenance care, including annual physicals, positive health behaviors,
and self- care skills through education and counseling.
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s.
Demonstrate awareness and sensitivity to patient/significant others' rights, as identified within the
institution.
t. Demonstrate awareness of legal issues in all aspects of patient care and unit function and strive to
manage situations in a reduced risk manner.
u. Participate in peer review and performance improvement activities.
v. Demonstrate appropriate delegation of tasks and duties in the direction and coordination of
CONTRACTED health care team members, CONTRACTED patient care, and CONTRACTED
clinic activities.
w. Maintain an awareness of responsibility and accountability for own professional practice.
x. Participate in continuing education to meet own professional growth. Participate in the provision of inservice training to clinic staff members, including daily resident teaching conferences.
y. Medical services provided shall include, but are not limited to, the following listed Anesthesiology
Procedures:
(1) Provide comprehensive medical management of patients to be rendered unconscious or insensitive to
pain and emotional stress during surgical, obstetrical, dental and certain medical procedures,
including preoperative, intraoperative, and postoperative examination, consultation, management,
monitoring, evaluation, and treatment;
(2) Management of fluid, electrolyte, and metabolic parameters
(3) Resuscitation of patients of all ages
(4) Management of malignant hyperthermia
(5) Manipulation of cardiovascular parameters
(6) Diagnostic and therapeutic management of acute and chronic pain
(7) Manipulation of body temperature
(8) Intravenous conscious sedation
(9) Sedation and analgesia
(10) Management of hypovolemia from any cause
(11) Management of unconscious patients
(12) Routine Obstetrical anesthesia with perioperative consultation
(13) Local and regional anesthesia with and without sedation, including topical and infiltration, minor and
major nerve blocks, intravenous blocks, spinal, epidural, and major plexus blocks. Use advanced
regional anesthesia techniques including ultrasound to place blocks and peripheral nerve catheters
for both anesthesia and pain management.
(14) General anesthesia, including invasive monitoring, respiratory therapy including long term
ventilatory support, airway management including cricothyroidotomy.
(15) Multidisciplinary direction of pain management
ATTACHMENT #2 SAMPLE IMMUNIZATION STATUS
EMPLOYEE'S NAME: ________________________________________________________________
HEPATITIS B
Serologic Testing Hepatitis Vaccine: (Specify Dates and Results) (Specify Dates Doses Given):
HbsAG _________________________ Dose #1 _______________ Dose #2 ______________
HbsAB _________________________Dose #3 _______________ Booster _______________
TB STATUS
Mantoux Test PPD
Chest X-ray
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PPD Given: _____________________Date of CXR: _____________________
PPD Read: _____________________ CXR Results: _________________ Results: ___________
Results of Evaluation and Indication for Treatment:____________________
MEASLES/MUMPS/RUBELLA
Positive Antibody Titer
MMR Immunization
(Specify Dates and Results):
(Specify Dates Doses Given):
Measles: ______________________________ Dose #1 _________________
Mumps: _____________________________ Dose #2 _________________ Rubella: ___________
TETANUS & DIPHTHERIA
(Specify Dates Given)
Dose #1 ___________ Dose #2 ______________ Dose #3 _______________Booster __________
VARICELLA
Positive Antibody Titer (Specify Dates and Results): _______________________________________
Varicella Immunization Given: ____________________________________________
EXAMINING PHYSICIAN: __________________
ADDRESS: ______________________________
TELEPHONE:_____________________________
EMAIL:_________________________________
SIGNATURE & DATE: ______________________
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ATTACHMENT #3 FILL/VACANCY REPORT
CONTRACTOR:
DATE:
CONTRACT NUMBER
CONTRACT
START DATE
NO. OF FTE
NO.
FILLED
NO.
VACANT
ACTIONS TAKEN TO FILL
POSITONS
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ATTACHMENT # 4 PERFORMANCE REQUIREMENT SUMMARY (PRS)
The Government will measure the contract’s service performance under the performance objectives listed in the
following table by applying the corresponding performance standards and acceptable performance quality levels.
Performance
Objective
Submits only
complete
credentialing for
candidates with
realistic employment
opportunities
Contractor workforce
shall maintain
professional
certifications
Contracted workforce
shall complete
mandatory
medical/government
required training
Contractor
compliance with
Health and
Immunization
Requirements.
Quality Control Plan
Performance
Standard
Contractor obtains all
documents required by
WRNMMC credentialing
office. 100%
PWS Reference
1.12 and PWS
Attachment # 1
Method of Assessment
Incomplete credentialing packages
submitted, candidates not meeting
requirements
100% certificates shall be
renewed and maintained in
current status during life of
contract
100% compliance with
mandatory training
requirement
PWS Attachment # 1
Credentials records
1.16
Attendance rosters
Comply initially and as
required 100% of the time.
1.11
COR maintain log.
Within 30 days of contract
award. 100%
1.18.1
Contracting Officer will review QCP
Comply with Specific Comply at least 99% of the
PWS Attachment # 1
COR maintained log.
Tasks.
time
Comply with
Comply initially and as
1.4. through 1.7.1.2.
COR maintained log.
Security
required 100% of the time.
Requirements.
Assure retention of
Fill rate of 100% 30 days
1.8 and PWS Attachment Monthly fill/vacancy reports.
qualified personnel
after contract award.
#1
Combating
100% compliance (zero
FARS 52.222-50 AND
COR documentation and program
Trafficking in
tolerance) regarding
FAR 22.1703
review. Any non-compliance must be
persons (awareness
trafficking in persons policy
brought to the immediate attention of
program)
the KO
INCENTIVES: The contractor is reminded that both positive and negative performance evaluations will be
recorded in the Contractor Performance Assessment Reporting System (https://www.cpars.gov/ ) (in accordnace
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with FAR Part 42. Negative performance could negatively affect the contractor’s ability to perform on any new
contract(s) with this (and or other DoD) contracting office.
EXCEPTIONAL
Performance significantly exceeds contract requirements to the Government’s benefit.
SATISFACTORY:
Performance meets contractual requirements.
UNSATISFACTORY:
Performance does not meet contractual requirements.
Other performance evaluation factors that will be monitored and documented in the contractor’s performance
records but cannot be quantified by numerical measurements:
Contractor providing personnel exceeding the minimum qualification standards
Performance above or below the standard, for above factors, will be documented in the Contractor’s Performance
Assessment Reporting System (CPARS) for the reporting period.
ATTACHMENT # 5 - QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)
The following minimum Quality Assurance Plan applies. The Government may modify inspection methods in
accordance with site-specific requirements. The Government will measure the contract’s service performance under
the performance objectives listed in the following table by applying the corresponding performance standards and
acceptable performance quality levels.
Performance Objective
Submits only complete
credentialing packages
for candidates with
realistic employment
opportunities
Contracted workforce
shall maintain
professional
certifications
Contractor workforce
shall complete any
mandatory annual
medical/government
required training
Contracted workforce
complies with Health and
Immunization
Requirements.
Quality Control Plan
Performance
Standard
Contractor obtains all
documents required by
WRNMMC credentialing
office. 100%
100% of certificates shall be
renewed and maintained in
current status during life of
contract
REF PBWS
Method of Assessment
1.12 and
PWS
Attachment
#1
Incomplete
credentialing packages
submitted, candidates
not meeting
requirements
Credentials records
PWS
Attachment
#1
100% compliance with
mandatory training
requirement
1.16
Attendance rosters
Comply initially and as
required 100% of the time.
1.11
COR maintain log.
Within 30 days of contract
1.18.1
Contracting Officer will
Corrective Actions
to be Taken by
Government
Document
performance in
CPARS
May result in cure
notice being process.
Document
performance in
CPARS
Document
performance in
CPARS
May result in cure
notice being process.
Document
performance in
CPARS
Document
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award. 100%
Comply with Specific
Tasks.
Comply at least 99% of the
time.
Comply with Security
Requirements.
Comply initially and as
required 100% of the time.
Assure retention of
qualified personnel
Fill rate of 100% 30 days after
contract award.
Combating Trafficking
in persons (awareness
program)
100% compliance (zero
tolerance) regarding trafficking
in person policy
STANDARD
99% to 100%
96% to 98%
95%
92% to 94%
91% or less
MEASUREMENT
Exceptional
Very Good
satisfactory
Marginal
Unsatisfactory
PWS
Attachment
#1
1.4. through
1.7.1.2
1.8 and
PWS
Attachment
#1
FAR 52.22250 and FAR
22.1703
review QCP
performance in
CPARS
COR maintain log.
Below 91% may
result in cure notice
being processed
COR maintained log.
Document
performance in
CPARS
Document
performance in
CPARS
Monthly fill/vacancy
reports.
COR documentation
Document
and program review.
compliance in
Any non-compliance
CPARS. Remedies
must be brought to the
allowable per FAR
immediate attention of
52.222-50 will be
the KO
taken.
PAST PERFORMANCE ASSESMENT
Document Past Performance
Assessment Report, paying particular
attention to performance that exceeds
the standard
ATTACHMENT # 6 SUPPLEMENT TO THE PWS:
EMPLOYEE CREDENTIALING HISTORY:
Contractor shall not hire any employee or subcontractor which is listed on the Excluded Parties List System (EPLS)
maintained by the General Services Administration.
The Contractor shall not employ any individual to provide direct health care services who, within 5 years prior to
employment:
a. Has had his/her clinical privileges limited, suspended, or revoked by any health care facility, public or private,
anywhere in the world.
(1) This prohibition does not apply to any individual whose clinical privileges, although originally limited,
suspended or revoked by a health care facility were subsequently fully reinstated by the health care facility.
(2) Limitation of clinical privileges, as used in this paragraph, refers to a partial withdrawal/reduction of
clinical privileges as a result of a determination that or pending investigation to determine whether an individual has
engaged in unprofessional conduct or substandard medical practice or is incompetent to perform certain medical
practices.
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(3) Is the subject of a current or pending hearing or appeal brought by any health care facility, public or
private, anywhere in the world, which may result in the limitation, suspension or revocation of the individual’s
clinical privileges.
(4) Is listed on the Health and Human Services (HHS) list of providers excluded from Federally funded
health care programs. The list may be found at http://oig.hhs.gov/fraud/exclusions.asp
(5) Requirements for privileging are the same for replacement contract HCPs as for contract HCPs they are
replacing.
(6) The WRNMMC Director is the sole authority that can revoke or otherwise restrict the privileges of any
contract HCP who he/she determines is not qualified to perform the contract services.
(7) Once privileges are granted, subsequent actions taken concerning the privileges of contract HCPs,
including any limitation on privileges, will be governed by the procedures in AR 40-68. Action that suspends,
revokes, places in abeyance, or otherwise restricts the privileges of the contract HCP results in that contract HCP not
being authorized to perform under the contract. Such action does not excuse the contractor from performing. A
replacement contract HCP must be provided according to the terms of this contract.
(8) Adverse actions on contract HCP privileges, once the Commander takes action, may be appealed
locally by the contract HCP under the provisions of AR 40-68, but may not be appealed by the contractor.
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.
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, WRNMMC
within three (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
WRNMMC 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.
SECURITY REQUIREMENTS: Since the HCPs under this contract have access to and/or process information
requiring protection under the Privacy Act of 1974, these positions are considered “IT Sensitive” positions.
Compliance with Executive Order (EO) 10450, DOD Directive 5200.28, DOD 5200.2-R, AFI 33-199, AR25-2 and
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AR 380-67 is mandatory for IT Sensitive positions. Therefore, a National Agency Check for Trustworthiness
(NACT) is required for each HCP under this contract. Each individual will be fingerprinted and required to
complete the appropriate forms, usually a Standard Form 85-P, Questionnaire for Public Trust Positions. The
contractor is responsible for obtaining the Standard Form 85-P, Questionnaire for Public Trust Position, which is
available at http://www.dss.mil/epsq/index.htm . The contractor shall advise their employees that a favorable report
is required as a condition of employment under this contract. The contractor shall apply for the NAC within three
(3) workdays after start of performance for each contract HCP. The government will be responsible for all costs
associated with the NAC. Offerors shall be advised adjudication constraints may prevent non-U.S. Citizens from
performing in a timely manner. No waivers will be contemplated.
SMOKING POLICIES WITHIN WRNMMC: The Contractor shall ensure that all employees comply with the DoD
and WRNMMC smoking policies while performing services under this contract. Smoking restrictions will apply at
any location or building where health care activities are performed under this contract.
MOBILIZATION AND CONTINGENCY PLANNING:
a. In the event of a general or limited mobilization of reserve forces or an emergency, which impacts upon contract
performance, the contractor will be expected to promptly take whatever measures are needed to meet any new
demands placed upon it. Such demands could require increases in Contractor-furnished property, as well as
extended work hours and expansion of the contract work force.
b. To ensure that Government operations which depend upon the services provided hereunder can proceed with no
or minimal disruption, the contractor shall during the life of this contract anticipate the possibility of a mobilization
or similar emergency and the steps it will need to take to rapidly expand its contract capabilities to meet the
emergency.
NON-COMPETE CONDITIONS: Contractor and subcontractors shall not include or use non-compete provisions
with respect to the performance of Government medical service contracts in their employment, consultant, or third
party contract agreements (hereafter agreements) with their Health Care Providers (HCPs) which are effective
beyond the period of contract performance, base period and exercised option periods included. Non-compete
provisions shall not prevent HCPs from being interviewed, employed, or accepting offers of employment or making
other arrangements with potential competitors for follow-on contracts. Additionally, non-compete provisions shall
not prevent HCPs from accepting offers of employment or making other arrangements with any contractors who
provide services to the Government, or from accepting offers of employment with the US Government, following
the period of contract performance. In addition to any other remedies available to the Government, inclusion of
such non-compete or similar conditions in agreements with HCPs may result in offeror's proposal being determined
unacceptable, termination of any awarded contract or task order, and an entry in the Contractor Performance
Assessment Reporting System (CPARS) performance evaluation. Preventing HCPs from accepting these offers will
hinder the Government's ability to accomplish the mission of providing medical care to its beneficiaries.
UNAUTHORIZED SERVICES: The Contractor shall not undertake any action that will increase the price of the
contract without the written approval of the Contracting Officer. Any such unauthorized action taken by the
contractor or any Contractor employee, which might be construed to be approved by the Government, shall be the
responsibility of the Contractor and shall be resolved by the Contractor at no expense to the Government. Third
party claims resulting from such unauthorized actions shall also be resolved by the Contractor without expense to
the Government.
CRIMINAL HISTORY BACKGROUND CHECK REQUIREMENT:
1. This clause is MANDATORY for those personnel involved in the delivery of healthcare to children under the age
of 18 on a frequent and regular basis.
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2. The government will conduct criminal background checks on all contract Health Care Providers (HCPs) in
accordance with the procedures set forth in Public Law 100-235, DOD Directive 5200.28 Enclosure 6 paragraph
E6.4.1.2, DOD Directive 5200.2-R, DODI 1402.5. The contractor is responsible for ensuring background check
submittals are initiated in accordance with the WRNMMC procedures prior to contract HCPs providing services at
the WRNMMC, and that they are properly cleared and meet the requirements of the law. Background checks shall
be based on fingerprints of individuals obtained by a law enforcement officer designated by the provost marshal on a
properly completed FD Form 258 (FBI US Department of Justice Fingerprint Card) together with DD Form 398-2
(DOD National Agency Questionnaire), and on inquiries conducted through the Federal Bureau of Investigation
(FBI) and State Criminal History Repository check, and a local Installation Record Check if required. The
procedures for completing the required background check are outline in the Department of Defense Instruction
(DODI) 1402.5. Dated January 10, 1993; Subject: Criminal History Background Checks on Individuals in Child
Care Services; Enclosure 6, paragraph E6.4, Government Contract Employees. (DODI 1402.5 is available on the
Internet at: http://dsearch.dtic.mil/ . Time required for contract HCPs to be fingerprinted is billable under the
contract.
3. If the contractor has a DOD affiliation such as living or working on an installation within the last 5 years, or is a
family member of active duty military, an Installation Record Check (IRC) shall be conducted by DOD Component
personnel at the installation level. No IRC is required on individuals without DOD affiliation. Upon favorable
completion of the IRC, an individual may be selected to provide services to a minor child under line-of-sight
supervision (LOSS) until the required background checks are completed. Line-of-sight supervision is defined at
DODI 1402.5, Enclosure 5.
4. Personnel may be employed under the contract pending completion of the background checks provided the
activity uses line-of-sight supervision while minor children are in the care of that individual. The contract HCP shall
be within line-of-sight supervision of a staff person whose background check has been successfully completed, or is
in the presence of the child's parent or guardian.
5. All clearance requests shall be submitted in accordance with the applicable directives specific to the WRNMMC.
The name and address of the WRNMMC security section representative or the COR shall be included in the request
as the recipient of the results in accordance with WRNMMC procedures. If neither position exists, the KO shall be
designated to receive a copy of the results.
6. Contract HCPs have the right to obtain a copy of the background check report. Contract HCPs should contact
their appropriate company representative or individual identified in the previous paragraph for a copy of the results.
Contract HCPs may challenge the accuracy and completeness of the information in the report by contacting the
individual identified in the previous paragraph.
7. If the contractor has previously received a background check, proof of the check shall be provided or a new one
obtained. A new investigation is required if a break in service to the Department of Defense results in a time lapse
of more than 2 years. Re-verification shall be accomplished every 5 years.
8. Payment of fees incurred in the conduct of any criminal history background check is the responsibility of the
employing activity.
HEALTH AND IMMUNIZATION REQUIREMENTS:
1. Health. Contractor individual performing services under this contract shall comply with the health and
immunization requirements as stated below at the time of initial request for clinical privileges and annually
thereafter. The expense for all physical examinations to comply with the health requirements shall be borne by the
contractor individual at no additional cost to the government.
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2. Contractor individual performing direct healthcare services under the contract shall receive a general physical
examination with their credentialing package. The certificate shall state the date on which the examination was
completed, and the name of the physician who performed the examination. The physician performing the
examination shall sign this certification. For the purpose of this paragraph, a physical examination administered
more than 45 days prior to submitting credentialing package will not be considered adequate. The physical exam
shall include the following:
a. A history to show that the HCP has completed a primary series of immunization with tetanus and diphtheria
toxoids and that a booster dose is current (within the past 10 years.).
b. A test for immunity to the hepatitis (Type B) virus with documentation of the results. A profile shall be
established to show immune status to hepatitis. Non-immune Healthcare workers (lacking anti-HB(c) or anti-HB(s))
shall be required to complete an immunization series with a Hepatitis –B vaccine (e.g., Recombivax, Energix).
c. Serologic evidence of immunity to measles and rubella or documentation of immunization with measles, mumps,
and rubella (MMR) vaccine using the following guidelines.
(1) Employees born before 1957 without documentation of previous vaccination with MMR should receive
one dose.
(2) Employees born in or after 1957 who have received one dose of MMR previously shall receive on
booster dose.
(3) Employees born in or after 1957 without documentation of any previous vaccination with MMR should
receive two doses of vaccine, separated by no less than one month.
d. Serologic evidence of immunity to varicella or documented history of illness or immunization.
e. For personnel who do not have proof of having completed a primary series, completion with enhanced potency
inactivated poliovirus vaccine (eIPV) is recommended. Reliable history of spending early childhood and attending
elementary schools in the United States since may suffice as clinical history of polio immunization, but requires
physician documentation in the record of the history and examination.
f. Contractor individual shall be screened before employment and annually for tuberculosis by a tuberculin skin test
using the Mantoux technique. (The TINE test is disallowed as a substitute.) A skin test result of 10 mm of
indurations or more shall be required to have a chest roentgenogram and an evaluation performed. A tuberculin skin
test of 10 mm of indurations or more will require documentation providing an assessment of the patient (status of
infection-active, inactive; need for preventive treatment or not as determined by age, history of BCG (Bacillus
Calmette-Guerin) vaccination; duration of skin test positivity, etc).
3. If all of the immunization and test set forth in the preceding paragraphs have been completed, the contractor shall
issue a certificate providing evidence of immunizations and tests that have been completed or started and shall
provide a schedule for the completion of unfinished immunizations and lab tests. After the schedule is completed,
the contractor must provide an updated and complete certificate. Failure to complete the immunizations as
scheduled may be grounds for the Contracting Officer, upon the advice of the WRNMMC Director or his/her
clinical staff, to determine that such contractor individual is not an acceptable individual to perform services under
this contract.
4. The Contracting Officer, with the explicit case-by-case approval of the WRNMMC Director, is empowered to
make exceptions to these requirements, for example, in the event of vaccine shortage or bona fide religious
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exceptions, but nothing herein shall be construed as an imperative or directive upon the Contracting Officer to make
such exceptions.
5. Contractor individual performing direct healthcare services under this contract, which experience a parenteral
(e.g., needle-stick or cut) or mucous membrane exposure (e.g.. splash to the eye or mouth) to blood or bloody body
fluids, shall receive prompt treatment. The medical treatment facility will evaluate the source of exposure for risk of
Hepatitis-B, Hepatitis-C. And Human Immunodeficiency virus (HIV) and will provide a report of the findings to the
contractor and the contract HCP. It shall be the contractor’s responsibility to provide appropriate treatment as
needed to possibly include Tetanus-Diphtheria booster, Immune Globulin, Hepatitis-B vaccine booster, or HepatitisB Immune Globulin. The contractor shall be responsible for providing the contract HCP with initial testing and if
the source of exposure was unknown, positive, or confirmed at high risk for HIV infection, follow-up testing 3, 6,
and 12 months after exposure. In event of a confirmed or highly suspected parenteral exposure to HIV, the
contractor individual shall receive appropriate counseling and is referred immediately to a private infectious disease
specialist for consideration of any post exposure prophylaxis (e.g., AZT). The Government may require the
contractor individual to provide evidence of the status of treatment and testing of the individual contractor under the
contract.
6. Contractor individual shall receive the current influenza immunization from a non-Government physician and
present evidence of the shot to the COR unless documented by a physician to be medically contraindicated.
7. Failure to meet the requirements stated herein, or when test results determine a contractor individual has a
contagious disease, the Contracting Officer may, upon advice of the WRNMMC Director or his/her clinical staff,
determine that such a contractor individual is not an acceptable individual to perform services under this contract.
8. The Government offers vaccine for occupational exposed hazards, i.e., smallpox, anthrax, etc.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (June 2012):
In accordance with DoD 6025.18-R “Department of Defense Health Information Privacy Regulation,” January 24,
2003, the Contractor meets the definition of Business Associate. Therefore, a Business Associate Agreement is
required to comply with both the Health Insurance Portability and Accountability Act (HIPAA) Privacy and Security
regulations. This clause serves as that agreement whereby the Contractor agrees to abide by all applicable HIPAA
Privacy and Security requirements regarding health information as defined in this clause, and in DoD 6025.18-R and
DoD 8580.02-R, as amended. Additional requirements will be addressed when implemented.
(a) Definitions. As used in this clause generally refer to the Code of Federal Regulations (CFR) definition
unless a more specific provision exists in DoD 6025.18-R or DoD 8580.02-R.
Individual has the same meaning as the term “individual” in 45 CFR 160.103 and shall include a person who
qualifies as a personal representative in accordance with 45 CFR 164.502(g).
Privacy Rule means the Standards for Privacy of Individually Identifiable Health Information at 45 CFR part
160 and part 164, subparts A and E.
Protected Health Information has the same meaning as the term “protected health information” in 45 CFR
160.103, limited to the information created or received by the Contractor from or on behalf of the Government
pursuant to the Contract.
Electronic Protected Health Information has the same meaning as the term “electronic protected health
information” in 45 CFR 160.103.
Required by Law has the same meaning as the term “required by law” in 45 CFR 164.103.
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Secretary means the Secretary of the Department of Health and Human Services or his/her designee.
Security Rule means the Health Insurance Reform: Security Standards at 45 CFR part 160, 162 and part 164,
subpart C.
Terms used, but not otherwise defined, in this Clause shall have the same meaning as those terms in 45 CFR
160.103, 160.502, 164.103, 164.304, and 164.501.
(b) The Contractor shall not use or further disclose Protected Health Information other than as permitted or
required by the Contract or as Required by Law.
(c) The Contractor shall use appropriate safeguards to prevent use or disclosure of the Protected Health
Information other than as provided for by this Contract.
(d) The Contractor agrees to use administrative, physical, and technical safeguards that reasonably and
appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that
it creates, receives, maintains, or transmits in the execution of this Contract.
(e) The Contractor shall, at their own expense, take action to mitigate, to the extent practicable, any harmful
effect that is known to the Contractor of a use or disclosure of Protected Health Information by the Contractor in
violation of the requirements of this Clause. These mitigation actions will include as a minimum those listed in the
TMA Breach Notification Standard Operating Procedure (SOP), which is available at:
http://www.tricare.mil/tma/privacy/breach.aspx.
(f) The Contractor shall report to the Government any security incident involving protected health information
of which it becomes aware.
(g) The Contractor shall report to the Government any use or disclosure of the Protected Health Information not
provided for by this Contract of which the Contractor becomes aware.
(h) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides Protected Health
Information received from, or created or received by the Contractor, on behalf of the Government, agrees to the
same restrictions and conditions that apply through this Contract to the Contractor with respect to such information.
(i) The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic
Protected Health Information, agrees to implement reasonable and appropriate safeguards to protect it.
(j) The Contractor shall provide access, at the request of the Government, and in the time and manner
reasonably designated by the Government to Protected Health Information in a Designated Record Set, to the
Government or, as directed by the Government, to an Individual in order to meet the requirements under 45 CFR
164.524.
(k) The Contractor shall make any amendment(s) to Protected Health
Information in a Designated Record Set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the
request of the Government, and in the time and manner reasonably designated by the Government.
(l) The Contractor shall make internal practices, books, and records relating to the use and disclosure of
Protected Health Information received from, or created or received by the Contractor, on behalf of the Government,
available to the Government, or at the request of the Government to the Secretary, in a time and manner reasonably
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designated by the Government or the Secretary, for purposes of the Secretary determining the Government’s
compliance with the Privacy Rule.
(m) The Contractor shall document such disclosures of Protected Health Information and information related to
such disclosures as would be required for the Government to respond to a request by an Individual for an accounting
of disclosures of Protected Health Information in accordance with 45 CFR 164.528.
(n) The Contractor shall provide to the Government or an Individual, in time and manner reasonably designated
by the Government, information collected in accordance with this Clause of the Contract, to permit the Government
to respond to a request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR 164.528.
General Use and Disclosure Provisions: Except as otherwise limited in this Clause, the Contractor may use or
disclose Protected Health Information on behalf of, or to provide services to, the Government for treatment,
payment, or healthcare operations purposes, in accordance with the specific use and disclosure provisions below, if
such use or disclosure of Protected Health Information would not violate the HIPAA Privacy Rule, the HIPAA
Security Rule, DoD 6025.18-R or DoD 8580.02-R if done by the Government.
Specific Use and Disclosure Provisions:
(a) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information for the
proper management and administration of the Contractor or to carry out the legal responsibilities of the Contractor.
(b) Except as otherwise limited in this Clause, the Contractor may disclose Protected Health Information for the
proper management and administration of the Contractor, provided that disclosures are required by law, or the
Contractor obtains reasonable assurances from the person to whom the information is disclosed that it will remain
confidential and used or further disclosed only as required by law or for the purpose for which it was disclosed to the
person, and the person notifies the Contractor of any instances of which it is aware in which the confidentiality of
the information has been breached.
(c) Except as otherwise limited in this Clause, the Contractor may use Protected Health Information to provide
Data Aggregation services to the Government as permitted by 45 CFR 164.504(e)(2)(i)(B).
(d) Contractor may use Protected Health Information to report violations of law to appropriate Federal and
State authorities, consistent with 45 CFR 164.502(j)(1).
Obligations of the Government:
Provisions for the Government to Inform the Contractor of Privacy Practices and Restrictions
(a) The Government shall provide the Contractor with the notice of privacy practices that the Government
produces in accordance with 45 CFR 164.520.
(b) The Government shall provide the Contractor with any changes in, or revocation of, permission by
Individual to use or disclose Protected Health
Information, if such changes affect the Contractor’s permitted or required uses and disclosures.
(c) The Government shall notify the Contractor of any restriction to the use or disclosure of Protected Health
Information that the Government has agreed to in accordance with 45 CFR 164.522.
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Permissible Requests by the Government: The Government shall not request the Contractor to use or disclose
Protected Health Information in any manner that would not be permissible under the HIPAA Privacy Rule, the
HIPAA Security Rule, or any applicable Government regulations (including without limitation, DoD 6025.18-R and
DoD 8580.02-R) if done by the Government, except for providing Data Aggregation services to the Government and
for management and administrative activities of the Contractor as otherwise permitted by this clause.
Termination:
(a) Termination. A breach by the Contractor of this clause, may subject the Contractor to termination under any
applicable default or termination provision of this Contract.
(b) Effect of Termination.
(1) If this contract has records management requirements, the records subject to the Clause should be
handled in accordance with the records management requirements. If this contract does not have records
management requirements, the records should be handled in accordance with paragraphs (2) and (3) below
(2) If this contract does not have records management requirements, except as provided in paragraph
(3) of this section, upon termination of this Contract, for any reason, the Contractor shall return or destroy all
Protected Health Information received from the Government, or created or received by the Contractor on behalf of
the Government. This provision shall apply to Protected Health Information that is in the possession of
subcontractors or agents of the Contractor. The Contractor shall retain no copies of the Protected Health
Information.
(3) If this contract does not have records management provisions and the Contractor determines that
returning or destroying the Protected Health Information is infeasible, the Contractor shall provide to the
Government notification of the conditions that make return or destruction infeasible. Upon mutual agreement of the
Government and the Contractor that return or destruction of Protected Health Information is infeasible, the
Contractor shall extend the protections of this Contract to such Protected Health Information and limit further uses
and disclosures of such Protected Health Information to those purposes that make the return or destruction
infeasible, for so long as the Contractor maintains such Protected Health Information.
Miscellaneous:
(a) Regulatory References. A reference in this Clause to a section in DoD 6025.18-R, DoD 8580.02-R, Privacy
Rule or Security Rule means the section currently in effect or as amended, and for which compliance is required.
(b) Survival. The respective rights and obligations of Business Associate under the “Effect of Termination”
provision of this Clause shall survive the termination of this Contract.
(c) Interpretation. Any ambiguity in this Clause shall be resolved in favor of a meaning that permits the
Government to comply with DoD 6025.18-R, DoD 8580.02-R, the HIPAA Privacy Rule or the HIPAA Security
Rule.
(END OF SUPPLEMENT TO THE PWS)
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CLAUSES INCORPORATED BY FULL TEXT
DHA PGI 211.106 - PROPER IDENTIFICATION OF CONTRACTOR PERSONNEL (APRIL 4, 2014)
1. Contractors, including subcontractors at all tiers, shall provide for a clear distinction from Government personnel.
Contractor employees shall not act, advertise, or presume to be Government employees, agents, or representatives.
Contractor employees are required to appropriately identify themselves as contractor employees at all times,
including in telephone conversations, formal and informal written correspondence, paper and electronic, and in any
other situation where their actions could be construed as acts of Government officials, unless, in the judgment of the
Government, no harm can come from failing to identify themselves. Contractor employees shall be introduced as
contractor personnel and display distinguishing visible identification at all times whether in conversations, meetings,
or other forms of communication with Government personnel.
2. Contractor personnel, while performing in a contractor capacity, shall refrain from using their retired or reserve
component military rank or title (if applicable) in written or verbal communications associated with the contracts
for which they provide services.
(End of requirements language)
DHA PGI 224.1-90 - PERSONALLY IDENTIFIABLE INFORMATION (PII), PROTECTED HEALTH
INFORMATION (PHI), AND FEDERAL INFORMATION REQUIREMENTS (REVISED MAY 6, 2015)
The contractor shall comply with the document entitled, ‘Personally Identifiable Information (PII), Protected Health
Information (PHI) and Federal Information Requirements,’ that can be found at
http://health.mil/Policies/2015/04/09/DHA-Standard-Contract-Language which is incorporated by reference in its
entirety.”
(End of requirements language)
CLAUSES INCORPORATED BY REFERENCE
52.212-1
Instructions to Offerors--Commercial Items
OCT 2015
ADDENDUM TO 52.212-1
Paragraph (a) is hereby supplemented with the following:
(b) Submission of Offers. The following supplements this paragraph with respect to the information and
documents required for submission in response to this solicitation:
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(1). ELECTRONIC OFFERS. All offers in response to this solicitation must be emailed directly to Mr. Ed
DuChemin (Information Technology Solutions & Consulting, LLC (ITSC)) contractor, directly supporting
DHA) at [email protected]. Note: As a reminder all offers must arrive by the time specified
in the solicitation.
(2). Offerors may request verification by email to Ed DuChemin at [email protected] to
confirm that their proposal was received by the time specified in the solicitation.
(c) This acquisition is being conducted utilizing the policies and procedures of FAR Parts 8 and 12 in
conjunction with appropriate parts of FAR Part 13 for the acquisition of commercial services. The Government
intends to award a firm fixed-price non-personal services contract under the authority of Section 1091 and 1089
of Title 10, U.S.C. Offerors are instructed to ensure that their offered rates DO NOT include costs associated
with medical malpractice liability insurance. Offerors must quote a firm-fixed price for each Contract Line
Item.
(d) The Government intends to award a task order without further communicating with contractors.
Consequently, contractors are highly encouraged to quote their best technical and pricing quotes in their initial
submissions. However, the Government reserves the right to communicate with any or all contractors submitting
a technical and price quote, if it is determined advantageous to the Government to do so. This statement is not to
be construed to mean that the Government is obligated to communicate with every quoter (note that FAR Part
15 procedures do not apply to FSS orders, therefore formal discussions are not applicable). A contractor may be
eliminated from consideration without further communication if its technical and/or pricing quotes are not among
those Contractors considered most advantageous to the Government.
(e) Any questions with respect to the solicitation shall be submitted not later than 30 December 2015 @ 10:00
a.m. EDT to Mr. Ed DuChemin at [email protected]. Responses to questions will be posted on
GSA Advantage eBuy via RFP amendment.
(f) BASIS FOR AWARD. Award will be made on a – Lowest Price Technically Acceptable (LPTA) basis.
Award will be made to the responsible offeror provided its technical proposal is Acceptable and conforms to the
requirements of this solicitation and has the lowest price that is fair and reasonable. Factors I (Technical) and II
(Price) are considered equal in value for rating.
(g) Data Universal Numbering System (DUNS) / CAGE Code. The offeror shall obtain these said Codes and
submit them to Contracting Center. Register in the System for Award Management (SAM)
https://www.sam.gov/portal/public/SAM/ and the Online Representations and Certifications, if the offeror is a
U.S. business entity. Award cannot and shall not be made to an offeror without these codes.
(h) 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.
(i) 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.
(j) 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
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officer identified in the solicitation.
(k) 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 52.252-2 herein for locations where full text can be found.
(l) The solicitation should be completed, signed and received at this office not later than the date/time specified
on page one of the solicitation (Standard Form [SF] 1449). Failure to provide all information requested and
in the appropriate format as required may cause the offer to be rejected and no longer considered for
award. Please note that your offer must include all of the following information. Submit proposal in three (3)
separate parts as follows:
I.
Technical
Sub factor 1: Compensation Matrix
Sub factor 2: Recruitment and Retention Plan
II.
Past Performance
III.
Price
PART I: TECHNICAL INFORMATION: The information provided by the offeror is a significant factor in the
Government’s determination of technical acceptability as it pertains to the offeror’s ability to hire qualified
personnel as well as to provide continuous service based on a sufficient incentive to retain those qualified personnel.
Offerors are responsible for including sufficient details to permit a complete and accurate evaluation of each
proposal. Proprietary information shall be clearly marked. Within the technical portion of the offeror’s proposal, the
offeror shall provide:
Sub factor 1: Compensation. See attachment entitled “Compensation Matrix”. Offerors are directed to fill-in /
populate the “Compensation Matrix” that includes employee base salary amount, employee fringe benefits, as well
as company profit, overhead, and G&A for the geographic area of service (Walter Reed National Military Medical
Center, Bethesda, MD 20889-5600). If the salary is less than the amount paid in the local area, the offeror must
demonstrate that its “Compensation Matrix” is adequate to recruit and retain quality health care providers and
ensure uninterrupted performance of services throughout the life of the contract. The escalation factor or other
means for price changes in the Option periods must be addressed within the narrative of the “Compensation
Matrix”.
Sub factor 2: Recruitment and Retention Plan. The Recruitment and Retention Plan shall describe the offeror’s
approach to recruit and retain qualified personnel to fill the positions. The Plan should convey the offeror’s methods
in replacing personnel who abruptly leave or are out of work for an extended period of time so that the position(s)
can be filled as quickly as possible, enabling the offeror to maintain or exceed the 95% fill rate identified in the
Performance of Work Statement’s Quality Assurance Surveillance Plan. This plan must describe any training
procedures to maintain required certifications, and include an effective and realistic retention plan for the geographic
area of service (Walter Reed National Military Medical Center, Bethesda, MD 20889-5600). Within this R&RPlan,
offerors must address the requirements as written in clause 252.237-7024 NOTICE OF CONTINUATION OF
ESSENTIAL CONTRACTOR SERVICES (OCT 2010) as well as address the requirements as written in clause
252.237-7023 CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010).
The technical information shall not exceed 10 pages and must be submitted in Microsoft Word compatible
format. The technical information shall include the company’s name, address, individual names, CAGE Code,
DUNS number on the first page.
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PART II: PAST PERFORMANCE: Offeror is required to submit a past performance listing (PPL) with relevant
federal, state and local government and private contracts performed within the past three (3) years, which are similar
in scope, type of work, and size (e.g. number of employees by type and anticipated dollar value) to the effort
described in this solicitation. If the offeror has no relevant past performance, the offeror should state so for this
evaluation factor. In addition to this past performance listing, all offerors must provide a copy of the past
performance questionnaire (PPQ), to each individual / company listed in the PPL. The offeror shall inform the
person requested to complete the PPQ to email it directly to [email protected]. The offeror should
instruct POCs not to send a copy back to the offeror. (See PWS Attachment # 7 Past Performance Questionaire).
(a) Offerors shall submit the information requested below as part of their proposal for both the offeror and any
proposed subcontractors for subcontracts expected to exceed 25% of the requirement. The document shall
be submitted in Microsoft Word compatible format and shall not be more than one page for the prime
contractor and one additional page for each major subcontractor.
(1) Offerors shall submit a list of three (3) contracts and/or subcontracts completed in the last three years,
including contracts and subcontracts currently being performed, which are relevant to this requirement.
Contracts are relevant if they are similar in scope, type of work, and size to the effort described in this
solicitation.
(2) Include the following information for each contract and subcontract identified in the PPL:
(a) Name of contracting activity.
(b) Contract number.
(c) Contract title.
(d) Contract type.
(e) Brief description of contract or subcontract and relevance to this requirement.
(f) Total contract value.
(g) Period of performance.
(h) Contracting Officer, telephone number and e-mail address, if available.
(i) Program manager/project officer, telephone number and e-mail address, if available.
(j) Administrative Contracting Officer, if different from (h) above, telephone number and e-mail
address (if available).
(k) List of subcontracts (if applicable).
(3) Offerors may provide information on problems encountered and corrective actions taken on the
identified contracts and subcontracts.
(a) If an offeror has no relevant past performance history, an offeror must affirmatively state that it
possesses no relevant past performance history.
(b) The completed PPQ’s should be emailed directly to [email protected] ON OR
BEFORE 09:00AM EDT 6 January 2016. Please request that any questionnaire submitted includes the
following information in the subject line so the email is not misconstrued as SPAM or otherwise deleted:
“Past Performance Questionnaire HT0014-16-Q-0001”.
(1) Past performance information may be used for both responsibility determinations and as an evaluation
factor for award. The Past Performance Questionnaire included with the Attachments will be used to
collect information on an offeror’s performance under existing and prior contracts/subcontracts for services
similar in scope, type of work, and size to this requirement. References other than those identified by the
offeror may be contacted by the Government and used in the evaluation of the offeror’s past performance.
(2) Any information collected concerning an offeror’s past performance will be maintained in the official
contract file.
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(3) Offerors with no relevant past performance history or for whom information on past performance is not
available, will be evaluated neither favorably nor unfavorably on past performance.
PART III: PRICE: Offerors will submit their proposed CLIN prices as presented in the RFQ. If the prices are the
same for each contract period, provide one schedule and state that the schedule applies to all contract periods. If the
prices are not the same for all contract periods, each CLIN price must be separately identified. DO NOT round
figures in the pricing schedule.
PART IV: RFQ DOCUMENTS: Solicitation, Offer, and Award Documents, Representations and
Certifications, and Offeror’s Business Information.
(a) Completed and signed SF 1449, page 1, Blocks 17a., 30 a.- c, of the solicitation. Offeror must also put the
total amount of the proposal (to include the summation of all CLINs, base and option periods) into Block
26, page 1 of the SF 1449. The offeror is not required to submit the entire SF 1449. The offeror MUST
submit the SF 1449 pages that have been filled out by the offeror.
(b) Signed amendments (if any). Only page 1 of the amendment shall be submitted and must be done so in
PDF compatible format. The offeror may combine the signed page 1 of the SF 1449 and Amendments into
a single PDF file.
(c) Representations and Certifications found at FAR 52. 212-3 Alt 1 and 52.209-7 - MUST be completed.
These must be submitted in Microsoft Word compatible format. The Offeror is encouraged to cut-andpaste these clauses into a separate Microsoft Word document to reduce file size. The Offeror should
ensure that the appropriate NAICS Code for this procurement is included in the System for Award
Management (https://www.sam.gov/portal/SAM/#1) and in the Representations and Certifications for the
company.
(d) A business information document shall be submitted along with the RFQ documents. At a minimum, this
document must include contact information such as e-mail addresses and telephone numbers for the
principals and other information about the business and major subcontractors as applicable. If there are
major subcontractors (performing 25% or more of the work), the offeror must state what percentage of
the effort the subcontractor(s) will be performing. This document must be in Microsoft Word or Adobe
PDF compatible format. At its discretion, the offeror may provide additional information about the
company’s history, capabilities, or any other details deemed appropriate. This document must be no more
than 3 pages in length.
(e) Each volume shall be submitted in an electronic format. Any revisions will be clearly marked (as a
result of negotiations or proposal revisions) and should be of a different color. Each file shall be
clearly identified (e.g. Volume I – Technical, Sub factor 2 “Recruitment & Retention Plan”).
(f) 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.
(g) Page limitations shall be counted as maximums. If exceeded, the excess pages will not be read or
considered in the evaluation of the proposal. Each page shall be counted except for the following:
a)
b)
c)
d)
e)
Volume Cover Pages
Table of Contents
Summary of Section
Glossaries
Blank Pages
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A summary of electronic proposal documents to be submitted is as follows:
Number of
Electronic Format
Volume Volume Title
Copies
I
Technical
“Compensatio
n Matrix”
1
Microsoft Excel
“Compensation Matrix”
furnished by the
Government is
completed/populated and
returned.
I
Technical
(1 Sanitized*
copy – via
email) .
Microsoft Word
10 pages (combined total for
both the Compensation
Matrix and the Recruitment
& Retention Plan)
“Recruitment
& Retention
Plan”

Maximum Page Limit
II
Price
1
Microsoft Word or Adobe
PDF
No limit.
III
RFQ
documents
1
Microsoft Word or Adobe
PDF
No limit, except for the
business information
document portion which
shall not exceed 3 pages.
*Note: Sanitized means your company name or the name(s) of any of your employees or staff must NOT
appear in your Technical (Recruitment & Retention Plan) proposal.
(End of Addendum to 52.212-1)
PD 03-03 ENCLOSURE 1
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST (AUGUST 21, 2014)
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
1.
The Offeror’s attention is directed to FAR, Part 3 and DFARS, Part 203, “Improper Business Practices
and Personal Consultant Conflicts of Interest.”
2.
252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)
(a) Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials.
(b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD
officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake
activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment
restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal
Acquisition Regulation 3.104-2.
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3.
Use of Former DoD/Defense Health Agency (DHA) Employees and Uniformed Service Members in
Proposal Preparation.
The involvement of a former DoD/DHA employee/member in an offeror’s proposal preparation may give rise to an
unfair competitive advantage or the appearance thereof, if the former DoD/DHA employee/ member acquired nonpublic, competitively-useful information in his or her former position. Such knowledge could include proprietary
information of competitor’s performance on past or current contracts with similar requirements or source selection
sensitive information pertaining to this procurement. Consequently, the Offeror must notify the Contracting Officer
prior to the involvement in the proposal preparation by a former DoD/DHA employee/member reasonably expected
to have had access to such information. Based on the notification, the Contracting Officer will make a
determination whether involvement of the former DoD/DHA employee/member in proposal preparation could create
an unfair competitive advantage or appearance thereof. The Contracting Officer will further determine whether any
mitigation measures taken or proposed by the offeror are adequate to alleviate this concern or whether the offeror
will be disqualified from the competition. Failure to comply with these procedures may result in the offeror’s
disqualification for award.
(End of provision)
PD 03-03 ENCLOSURE 2
IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST (AUGUST 21, 2014)
1.
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011)
(a) Definition. “Covered DoD official,” as used in this clause, means an individual that—
(1) Leaves or left DoD service on or after January 28, 2008; and
(2) (i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in
excess of $10 million, and serves or served—
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United
States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title
5, United States Code; or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above
under section 201 of Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: program manager, deputy program
manager, procuring contracting officer, administrative contracting officer, source selection authority,
member of the source selection evaluation board, or chief of a financial or technical evaluation team
for a contract in an amount in excess of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the
official leaves DoD service; without first determining that the official has sought and received, or has not received
after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of
post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of
this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
(End of clause)
CLAUSES INCORPORATED BY REFERENCE
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52.222-46
52.225-25
Evaluation Of Compensation For Professional Employees
FEB 1993
Prohibition on Contracting with Entities Engaging in Certain OCT 2015
Activities or Transactions Relating to Iran-- Representation
and Certifications.
CLAUSES INCORPORATED BY FULL TEXT
52.203-2
CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that -(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition,
any consultation, communication, or agreement with any other offeror or competitor relating to –
(i) Those prices,
(ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to
any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the
case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit
an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal,
and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1)
through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals
have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this
provison ______________________________________________________ (insert full name of person(s) in the
offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her
position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not
participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs
(a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a
signed statement setting forth in detail the circumstances of the disclosure.
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(End of Provision)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) Definitions. As used in this provision-Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a
determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian
Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This
includes administrative proceedings at the Federal and State level but only in connection with performance of a
Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or
inspection of deliverables.
Federal contracts and grants with total value greater than $10,000,000 means-(1) The total value of all current, active contracts and grants, including all priced options; and
(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinitequantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).
Principal means an officer, director, owner, partner, or a person having primary management or supervisory
responsibilities within a business entity (e.g., general manager; plant manager; head of a
division or business segment; and similar positions).
(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than
$10,000,000.
(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer,
that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS)
is current, accurate, and complete as of the date of submission of this offer with regard to the following information:
(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the
award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the
Federal or State level that resulted in any of the following dispositions:
(i) In a criminal proceeding, a conviction.
(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty,
reimbursement, restitution, or damages of $5,000 or more.
(iii) In an administrative proceeding, a finding of fault and liability that results in-(A) The payment of a monetary fine or penalty of $5,000 or more; or
(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.
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(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an
acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in
paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.
(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision,
whether the offeror has provided the requested information with regard to each occurrence.
(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as
required through maintaining an active registration in the System for Award Management database via
https://www.acquisition.gov (see 52.204-7).
(End of provision)
52.216-1
TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm-Fixed-Price (FFP) contract resulting from this solicitation.
(End of provision)
52.233-2
SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an
agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be
served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of
receipt from
Mr. Martin Rios
Contracting Officer
DHA - COD NCR
2900 Crystal Drive, Suite 210
Arlington VA 22202
Phone: 301-319-2761
e-mail: [email protected]
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with
the GAO.
(End of provision)
PD 33-01 - AGENCY LEVEL PROTESTS (APRIL 14, 2014)
An interested party filing a protest with Defense Health Agency (DHA) has the option of requesting review by either
the Contracting Officer (CO) or an independent review Official (IRO), who is a DHA official at a level above the
CO. Alternately, an interested party may request IRO review as an appeal of the CO’s protest decision.
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Where applicable, an interested party must clearly state in the protest that IRO review is requested, and must specify
the nature of the independent review sought – whether as an alternative to CO review or as an appeal of the CO’s
decision.
Regardless of which review is requested, all protests must be complete and submitted to the CO within the
timeframes specified in FAR Subpart 33.1.
(End of requirements language)
52.252-1
SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
(End of provision)
52.252-5
AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DoD FAR Supplement (48 CFR Chapter 2) provision with an authorized
deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2015)
(a) Definition. United States, as used in this clause, means the 50 States, the District of Columbia, and outlying
areas.
(b) Display of fraud hotline poster(s). (1) The Contractor shall display prominently the DoD fraud hotline poster,
prepared by the DoD Office of the Inspector General, in common work areas within business segments performing
work in the United States under Department of Defense (DoD) contracts.
(2) If the contract is funded, in whole or in part, by Department of Homeland Security (DHS) disaster relief funds,
the DHS fraud hotline poster shall be displayed in addition to the DoD fraud hotline poster. If a display of a DHS
fraud hotline poster is required, the Contractor may obtain such poster from:
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___
[Contracting Officer shall insert the appropriate DHS contact information or Web site.]
(c) Display of combating trafficking in persons and whistleblower protection hotline posters. The Contractor shall
display prominently the DoD Combating Trafficking in Persons and Whistleblower Protection hotline posters,
prepared by the DoD Office of the Inspector General, in common work areas within business segments performing
work under DoD contracts.
(d)(1) These DoD hotline posters may be obtained from: Defense Hotline, The Pentagon, Washington, DC 203011900, or are also available via the internet at http://www.dodig.mil/hotline/hotline_posters.htm.
(2) If a significant portion of the employee workforce does not speak English, then the posters are to be displayed in
the foreign languages that a significant portion of the employees speak. Contact the DoD Inspector General at the
address provided in paragraph (d)(1) of this clause if there is a requirement for employees to be notified of this
clause and assistance with translation is required.
(3) Additionally, if the Contractor maintains a company Web site as a method of providing information to
employees, the Contractor shall display an electronic version of these required posters at the Web site.
(e) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (e), in all
subcontracts that exceed $5.5 million except when the subcontract is for the acquisition of a commercial item.
(End of clause)
252.209-7002
DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT (JUN 2010)
(a) Definitions. As used in this provision-(1) “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign
government has the power, either directly or indirectly, whether exercised or exercisable, to control the
election, appointment, or tenure of the Offeror’s officers or a majority of the Offeror’s board of directors by
any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated
organizations).
(2) “Entity controlled by a foreign government”—
(i) Means—
(A) Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government;
or
(B) Any individual acting on behalf of a foreign government.
(ii) Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a
foreign government if the ownership of that organization or corporation by that foreign government was effective before
October 23, 1992.
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(3) “Foreign government” includes the state and the government of any country (other than the United States and its
outlying areas) as well as any political subdivision, agency, or instrumentality thereof.
(4) “Proscribed information” means—
(i) Top Secret information;
(ii) Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or
utilized with unclassified keys;
(iii) Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;
(iv) Special Access Program (SAP) information; or
(v) Sensitive Compartmented Information (SCI).
(b) Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a
foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of
Defense or a designee has waived application of 10 U.S.C. 2536(a).
(c) Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes
control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any
reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest
concerning the Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and
provide the information in the following format:
Offeror’s Point of Contact for Questions about Disclosure
(Name and Phone Number with Country Code, City Code
and Area Code, as applicable)
Name and Address of Offeror
Name and Address of Entity Controlled by a Foreign
Government
Description of Interest, Ownership Percentage, and
Identification of Foreign Government
(End of provision)
252.215-7007 NOTICE OF INTENT TO RESOLICIT (JUN 2012)
This solicitation provides offerors fewer than 30 days to submit proposals. In the event that only one offer is
received in response to this solicitation, the Contracting Officer may cancel the solicitation and resolicit for an
additional period of at least 30 days in accordance with 215.371-2.
(End of provision)
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252.215-7008 ONLY ONE OFFER (OCT 2013)
(a) After initial submission of offers, the Offeror agrees to submit any subsequently requested additional cost or
pricing data if the Contracting Officer notifies the Offeror that-(1) Only one offer was received; and
(2) Additional cost or pricing data is required in order to determine whether the price is fair and reasonable or to
comply with the statutory requirement for certified cost or pricing data (10 U.S.C. 2306a and FAR 15.403-3).
(b) Requirement for submission of additional cost or pricing data. Except as provided in paragraph (c) of this
provision, the Offeror shall submit additional cost or pricing data as follows:
(1) If the Contracting Officer notifies the Offeror that additional cost or pricing data are required in accordance with
paragraph (a) of this clause, the data shall be certified unless an exception applies (FAR 15.403-1(b)).
(2) Exceptions from certified cost or pricing data. In lieu of submitting certified cost or pricing data, the Offeror may
submit a written request for exception by submitting the information described in the following paragraphs. 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; or
(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.
(3) 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.
(4) 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:
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(i) The Offeror shall prepare and submit 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, unless the Contracting Officer and the Offeror agree to a different format.
(ii) 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 15.4062.
(c) If the Offeror is the Canadian Commercial Corporation, certified cost or pricing data are not required. If the
Contracting Officer notifies the Canadian Commercial Corporation that additional data other than certified cost or
pricing data are required in accordance with 225.870-4(c), the Canadian Commercial Corporation shall obtain and
provide the following:
(1) Profit rate or fee (as applicable).
(2) Analysis provided by Public Works and Government Services Canada to the Canadian Commercial Corporation
to determine a fair and reasonable price (comparable to the analysis required at FAR
15.404-1).
(3) Data other than certified cost or pricing data necessary to permit a determination by the U.S. Contracting Officer
that the proposed price is fair and reasonable [U.S. Contracting Officer to provide description of the data required in
accordance with FAR 15.403-3(a)(1) with the notification].
(4) As specified in FAR 15.403-3(a)(4), an offeror who does not comply with a requirement to submit data that the
U.S. Contracting Officer has deemed necessary to determine price reasonableness or cost realism is ineligible for
award unless the head of the contracting activity determines that it is in the best interest of the Government to make
the award to that offeror.
(d) If negotiations are conducted, the negotiated price should not exceed the offered price.
(End of provision)
252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN 2015)
By submission of its offer, the Offeror represents that it-(a) Will not engage in any trafficking in persons or related activities, including but not limited to the use of forced
labor, in the performance of this contract;
(b) Has hiring and subcontracting policies to protect the rights of its employees and the rights of subcontractor
employees and will comply with those policies in the performance of this contract; and
(c) Has notified its employees and subcontractors of-(1) The responsibility to report trafficking in persons violations by the Contractor, Contractor employees, or
subcontractor employees, at any tier; and
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(2) Employee protection under 10 U.S.C. 2409, as implemented in DFARS subpart 203.9, from reprisal for
whistleblowing on trafficking in persons violations.
(End of provision)
252.237-7024 NOTICE OF CONTINUATION OF ESSENTIAL CONTRACTOR SERVICES (OCT 2010)
(a) Definitions. Essential contractor service and mission-essential functions have the meanings given in the clause at
252.237-7023, Continuation of Essential Contractor Services, in this solicitation.
(b) The offeror shall provide with its offer a written plan describing how it will continue to perform the essential
contractor services listed in DFAR clause 252.237-7023 CONTINUATION OF MISSION ESSENTIAL
FUNCTIONS paragraph (b), during periods of crisis. The offeror shall-(1) Identify provisions made for the acquisition of essential personnel and resources, if necessary, for continuity of
operations for up to 30 days or until normal operations can be resumed;
(2) Address in the plan, at a minimum-(i) Challenges associated with maintaining essential contractor services during an extended event, such as a
pandemic that occurs in repeated waves;
(ii) The time lapse associated with the initiation of the acquisition of essential personnel and resources and their
actual availability on site;
(iii) The components, processes, and requirements for the identification, training, and preparedness of personnel
who are capable of relocating to alternate facilities or performing work from home;
(iv) Any established alert and notification procedures for mobilizing identified ``essential contractor service''
personnel; and
(v) The approach for communicating expectations to contractor employees regarding their roles and responsibilities
during a crisis.
(End of provision)
CLAUSES INCORPORATED BY REFERENCE
52.212-2
Evaluation - Commercial Items
ADDENDUM TO 52.212-2
Paragraph (a) is hereby supplemented with the following:
OCT 2014
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This acquisition is being conducted utilizing the procedures of FAR Parts 8, 12, 19 and pertinent parts of Part 15.
Impartial consideration will be given to all offers received in response to this solicitation. Offers will be reviewed to
determine compliance with all requirements of the solicitation, including any attachments and exhibits. Any offer
that is not in compliance with the requirements of the solicitation will be unacceptable and ineligible for award.
The evaluation criteria will be applied to all offers in the same manner. Each proposal will be evaluated strictly in
accordance with its content and the Government will not assume that performance will include areas not specified in
the offeror's proposal.
Please note the following:
a) The Government intends to evaluate proposals and award a contract without discussions with the offerors.
However, pursuant to FAR 52.212-1(g), the Government reserves the right to initiate discussions/negotiations with
the offerors. The offeror’s initial proposal should contain the offeror’s best terms from a price and non-price
standpoint.
b) Alternate proposals will not be considered; the offerors are limited to a single proposal. Multiple solutions,
optional solutions, etc., shall not be provided and may render a quotation unacceptable.
c) The Government intends to make a single award resulting from this RFQ.
FACTORS TO BE EVALUATED
Award will be made to the offeror whose proposal is most advantageous to the Government based upon an
integrated assessment of the evaluation factors and sub factors described below.
The following evaluation factors and subfactors will be used to evaluate each proposal.
1. Technical Factor:
Sub factor 1: Compensation Matrix. The Government will evaluate the proposed Compensation Matrix
to determine the adequacy of the plan and particularly the hourly wage rate to be paid to health care
providers (HCPs) at Walter Reed National Military Medical Center (WRNMMC), Bethesda, MD 20814 to
successfully attract and retain qualified HCPs with minimum turnover. The Government will evaluate the
rate paid to the individual HCP to ensure the rate is realistic in terms of impact upon attracting and
retaining HCPs and is commensurate with hourly rates paid for similar health care providers in the local
area. Compensation plan will be evaluated as realistic in terms of its impact upon recruitment and
retention. A low compensation plan may be viewed as evidence of failure to comprehend the complexity
of the contract requirements or appropriate compensation levels of geographic area where performance will
take place.
Sub factor 2: Recruitment and Retention Plan (R&R).
The Government will evaluate the Recruitment and Retention plan to determine the extent to which the
plan and its methodology will attract and retain quality HCPs. The Plan will be evaluated as to its ability to
achieve the required fill rate, provide a low turnover rate, and replace absent personnel in a timely
manner.The training procedures will be evaluated as to their ability to maintain required certifications. The
plan should provide a comprehensive and realistic approach to recruit and retain qualified HCPs for Walter
Reed National Military Medical Center, Bethesda, MD 20814. The offeror’s proposed plan shall address
how to meet the requirements of DFARS clauses 252.237-7023 and 252.237-7024 and will be evaluated for
its comprehensiveness and as a realistic approach to fulfill the requirements.
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The technical information shall not exceed 10 pages and must be submitted in Microsoft Word compatible
format. The technical information shall include the company’s name, address, individual names, CAGE Code,
DUNS number on the first page.
The following are the adjectives used in evaluating and rating the Technical proposals.
RATING
ACCEPTABLE
UNACCEPTABLE
DESCRIPTION
Proposal clearly meets the minimum requirements of the solicitation.
Proposal does not clearly meet the minimum requirements of the solicitation.
2. Past Performance Factor. The Government will evaluate the offeror’s record of past and current performance
to ascertain the probability of successfully performing the required efforts of the PWS.
a. The confidence rating will be the overall Factor 2 past performance rating.
b. Evaluation of past performance shall be in accordance with this plan utilizing the forms and
questionnaires set forth in the Attachments.
c. Current (within the past three years) and relevant past performance information will be considered, The
Government will focus its inquiries on the offeror’s record of performance on relevant and recent prior contracts.
The determination of relevancy includes a consideration of recent contracts which are similar in scope, type of work,
and price to this solicitation’s requirements. The offeror’s record of performance will be evaluated for quality of
services, timeliness of services, business relations, and other considerations as set forth in the Past Performance
Questionnaire. In the case of an offeror without a record of relevant past performance or for whom information on
past performance is not available, the offeror may not be evaluated favorably or unfavorably on past performance. In
addition to past performance questionnaires completed on behalf of the offeror, the Government may use data
provided by the offeror in its proposal and data obtained from other sources, including data in Government files or
data obtained through interviews with personnel familiar with the contractor and their current and past performance
under Federal, State or Local government or commercial contracts for same or similar services as compared to the
North American Industry Classification System (NAICS) Code 516320.
d. Each offeror shall be evaluated based upon the relevance and quality of performance. Each offeror shall
be rated on an “Acceptable,” or “Unacceptable” basis as follows:
PAST PERFORMANCE EVALUATION RATINGS
ACCEPTABLE/NEUTRAL
Based on the offeror’s recent/relevant performance
record, the Government has a reasonable expectation that the
offeror will successfully perform the
required effort, or the performance record is unknown
(See note below).
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UNACCEPTABLE
Based on the offeror’s recent/relevant performance record, the
Government has no reasonable expectation that the offeror
will be able to successfully perform the required effort.
Note: In the case of an offeror without a record of relevant past performance or for whom information on past
performance is not available, 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.”
3. Price Factor. The contract will be a Firm Fixed Price (FFP) Contract. The Government will conduct a price
analysis for fair and reasonable prices. Price will be evaluated separately from the technical and past performance
factors. Offerors are cautioned that unbalanced pricing of line items may eliminate an offeror from consideration.
a.
All vendors’ prices must be deemed to be fair and reasonable to qualify for award.
b.
Options: The Government will evaluate offers for award purposes by adding the total price for all
options to the total price for the basic requirement. The Government may determine that an offer is
unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate
the Government to exercise the options.
c.
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 period and each option period, since those are the binding
prices should the Option to Extend be exercised.
End of Addendum 52.212-2
CLAUSES INCORPORATED BY FULL TEXT
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2015)
ALTERNATE I (OCT 2014)
The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual
representations and certification electronically via the System for Award Management (SAM) Web site accessed
through http://www.acquisition.gov . If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision-“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern
that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations
of which are controlled by, one or more women who are citizens of the United States and who are economically
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disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business
eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for
which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or
controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of
the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of
control include, but are not limited to, one or more of the following: Ownership or interlocking management,
identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation,” means a foreign incorporated entity that meets the definition of an inverted
domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made
or processed from raw materials into the finished product that is to be provided to the Government. If a product is
disassembled and reassembled, the place of reassembly is not the place of manufacture.
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“Restricted business operations” means business operations in Sudan that include power production activities,
mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are
defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations
do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability
and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of
the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such
authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used
specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the
authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans
or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.
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(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is serviceconnected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern, consistent with 13 CFR 124.1002,” means a small business concern under
the size standard applicable to the acquisition, that-(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined
at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by
individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or
in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and
whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern -(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
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“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR
part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the
management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this
provision do not automatically change the representations and certifications posted on the SAMwebsite.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website
accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies
by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3,
Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months,
are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to
the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201), except for paragraphs ___ . [Offeror to identify the applicable paragraphs at (c)
through (p) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These
amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and
complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and
do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the
United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [ ___ ] is, [ ___ ] is not a small
business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ___ ] is, [ ___ ]
is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its
offer that it [ ___ ] is, [ ___ ] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not, a small
disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.]The offeror represents that it [ ___ ] is, [ ___ ] is not a womenowned small business concern.
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Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition
threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a womenowned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required
documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that
affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible
under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each
WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed
copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror
represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror
represents that—
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the
joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that
are participating in the joint venture: ___ .] Each EDWOSB concern participating in the joint venture shall submit
a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a womenowned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this
provision.] The offeror represents that it [ ___ ] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may
identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror
or first-tier subcontractors) amount to more than 50 percent of the contract price:
___
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern
in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
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(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no
material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since
it was certified in accordance with 13 CFR part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126,
and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern
participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small
business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern
participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(11) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) of this provision.)
[The offeror shall check the category in which its ownership falls]:
___ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,
Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau,
Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana
Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
(d) Representations required to implement provisions of Executive Order 11246 -(1) Previous contracts and compliance. The offeror represents that -(i) It [ ___ ] has, [ ___ ] has not, participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It [ ___ ] has, [ ___ ] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
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(i) It [ ___ ] has developed and has on file, [ ___ ] has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts
60-1 and 60-2), or
(ii) It [ ___ ] has not previously had contracts subject to the written affirmative action programs requirement of the
rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the
contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge
and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any
resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on
behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB
Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not
report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were
made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic
end product and that for other than COTS items, the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products
those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end
product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of
“domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic
end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation
entitled “Buy American—Supplies.”
(2) Foreign End Products:
LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
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(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian,
Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,”
“component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,”
“Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of
this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the
clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products:
LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii)
or this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—
Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United
States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet
the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
LINE ITEM NO.
COUNTRY OF ORIGIN
___
___
___
___
___
___
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of
the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this
solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
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Canadian End Products:
Line Item No.:
___
[List as necessary]
(3) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause
at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii)
of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as
defined in the clause of this solicitation entitled “Buy American--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
Line Item No.:
Country of Origin:
___
___
___
___
___
___
[List as necessary]
(4) Buy American—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the
clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii)
of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other
than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as
defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
Line Item No.:
Country of Origin:
___
___
___
___
___
___
[List as necessary]
HT0014-16-Q-0001
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(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in
this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end
products.
Other End Products
Line Item No.:
Country of Origin:
___
___
___
___
___
___
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line
items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end
products without regard to the restrictions of the Buy American statute. The Government will consider for award
only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are
no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the
solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and
belief, that the offeror and/or any of its principals-(1) [ ___ ] Are, [ ___ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency;
(2) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been convicted of or had a
civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal
or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax
laws, or receiving stolen property; and
(3) [ ___ ] Are, [ ___ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government
entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
HT0014-16-Q-0001
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(4) [ ___ ] Have, [ ___ ] have not, within a three-year period preceding this offer, been notified of any
delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to
seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In
the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had
no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should
the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial
appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely
payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is
not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The
Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are
included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at 22.1503(b).]
(1) Listed End Product
Listed End Product:
Listed Countries of Origin:
___
___
___
___
___
___
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(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of
this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has
made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies
that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of
manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of
manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) [ ___ ] In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) [ ___ ] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by
the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if
paragraph (k)(1) or (k)(2) applies.]
(1) [ ___ ] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The
offeror [ ___ ] does [ ___ ] does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental
purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial
quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
will be the same as that used for these employees and equivalent employees servicing the same equipment of
commercial customers.
(2) [ ___ ] Certain services as described in FAR 22.1003-4(d)(1). The offeror [ ___ ] does [ ___ ] does not
certify that—
HT0014-16-Q-0001
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(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided
by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities
in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices
(see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his
or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20
percent of available hours during the contract period if the contract period is less than a month) servicing the
Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not
attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the
Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in
paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of
this clause.
(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required
to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply
with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041,
6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the
offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment
reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror’s TIN.
(3) Taxpayer Identification Number (TIN).
[ ___ ] TIN: ___ .
[ ___ ] TIN has been applied for.
[ ___ ] TIN is not required because:
HT0014-16-Q-0001
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[ ___ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income
effectively connected with the conduct of a trade or business in the United States and does not have an office or
place of business or a fiscal paying agent in the United States;
[ ___ ] Offeror is an agency or instrumentality of a foreign government;
[ ___ ] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[ ___ ] Sole proprietorship;
[ ___ ] Partnership;
[ ___ ] Corporate entity (not tax-exempt);
[ ___ ] Corporate entity (tax-exempt);
[ ___ ] Government entity (Federal, State, or local);
[ ___ ] Foreign government;
[ ___ ] International organization per 26 CFR 1.6049-4;
[ ___ ] Other ___ .
(5) Common parent.
[ ___ ] Offeror is not owned or controlled by a common parent:
[ ___ ] Name and TIN of common parent:
Name ___
TIN ___
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(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not
conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations—
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the
exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. The Offeror represents that-(i) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and
(ii) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
[email protected].
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph
(o)(3) of this provision, by submission of its offer, the offeror—
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to
the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction
of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for
which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any
transaction that exceeds $3,500 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates,
the property and interests in property of which are blocked pursuant to the International Emergency Economic
Powers Act (50(U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at
http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision);
and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a DUNS Number in the solicitation.
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(1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one
immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable,
paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates “has” in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code: ___
Immediate owner legal name: ___
(Do not use a “doing business as” name)
Is the immediate owner owned or controlled by another entity:
[ ___ ] Yes or [ ___ ] No.
(3) If the Offeror indicates “yes” in paragraph (p)(2) of this provision, indicating that the immediate owner is owned
or controlled by another entity, then enter the following information:
Highest level owner CAGE code: ___
Highest level owner legal name: ___
(Do not use a “doing business as” name)
(End of Provision)
ATTACHMENT 2
OFFICE OF THE ASSISTANT SECRETARY OF
DEFENSE HEALTH AFFAIRS
2900 CRYSTAL DRIVE, SUITE 200
ARLINGTON, VIRGINIA 22202
DEFENSE HEALTH
AGENCY
8 March 2016
COD-NCR
David A. Porter
Vice President
Staffing Etc.
9410 Annapolis Road, Suite 200
Lanham, Maryland 20706
SUBJECT: CONTRACT HT0014-16-F-0030 ANESTHESIOLOGISTS AT WALTER
REED NATIONAL MILITARY MEDICAL CENTER (WRNMMC), BETHESDA, MD,
MD 20889-5600
Dear Mr. Porter,
In response to your request for information on the subject contract, the following is
being provided as a brief explanation. This information is being provided to assist in
preparing responses to future DHA requirements.
Consistent with the solicitation’s evaluation criteria, DHA Source Selection guidance,
and applicable requirements and authorities, award was made to The Royster Group.
In accordance with the Federal Acquisition Regulation FAR 8.405-2 the following
information is provided:
FACTORS
YOUR
OFFER
SUCCESSFUL
OFFEROR
Technical Sub Factor I: Compensation Matrix
Unacceptable
Acceptable
Technical Sub Factor 2: Recruitment and Retention Plan
Acceptable
Acceptable
Past Performance
Acceptable
Acceptable
Price (Total Evaluated Price)
$50,469,963.25*
$54,856,437.73
*This reflects your total proposed amount for a 12 month base period of performance
less one month’s cost ($253,668.39) as the base period of performance was reduced to
11 months.
Based upon the solicitation’s award evaluation criteria and after a complete evaluation
of your proposal, your proposal was not selected for award because it was determined
to be Unacceptable in Technical Sub Factor I. This determination was made based on
the evaluation of your proposed hourly wage rates (base salary + fringe benefits) for the
base year and four option years.
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Specifically, the Government evaluated the wage rates (base salary + fringe benefits)
proposed to ensure the hourly salary for the Anesthesiologists was realistic in terms of
attracting and retaining these essential services for WRNMMC Department of Surgery.
Your proposed wage rates (base salary + fringe benefits) ranged between 14% - 24%
less than the Independent Government Cost Estimate’s rates. In addition, the wage
rates (base salary + fringe benefits) proposed were the same for all labor categories for
all periods at $189 per hour and did not reflect a differential for the specialized positions
with their associated qualifications, which were identified in the performance work
statement.
This office’s assessment was that your proposed rates were not realistic, that the rates
proposed were insufficient and that such rates would not successfully attract and retain
qualified Anesthesiologists nor minimize employee turnover. Thus, the technical
evaluation was that your proposal was unacceptable.
The Government thanks you for your interest in the Anesthesiologists services at
WRNMMC and looks forward to your continued participation on future acquisition
requirements. Should you have any other questions concerning this acquisition
kindly contact the undersigned via email: [email protected] .
Sincerely,
Martin Rios
Contracting Officer
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