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 PERFORMANCE BASED WORK STATEMENT Mental Health Provider Support Services *Note that this sample has been revised from the source document on the Government Point of Entry as necessary to align formatting and applicable FAR procedures.* 1. DESCRIPTION OF SERVICES. The requirement is for 2 (two) fully trained clinical psychologists and 1 (one) fully trained clinical social worker who will be recruited and hired by the Contractor to perform the services as described in this contract assigned to the 18th Medical Group (MDG) Kadena AB, Japan. Hereafter, the clinical psychologist will be referred to as the “psychologist” and the clinical social worker will be referred to as the “social worker.” When referred to collectively, the Psychologist and Social Worker will be referred to as “Providers.” 1.1. BASIC SERVICES. 1.1.1. OBJECTIVE: To provide 2 full-time Psychologists and 1 full-time Social Worker who will be assigned to the Mental Health Flight. The Providers will be located either in the Mental Health clinic as an outpatient therapist, or in the Primary Care clinic as a behavioral health consultant (BHC) and/or Behavioral Health Care Facilitator (BHCF). In either location, the Providers will provide comprehensive prevention services, psychodiagnostic and assessment services, and therapeutic/intervention services using evidence-based psychotherapy for identified psychiatric disorders, V-code diagnoses, and occupational concerns. The Providers will comply with all applicable laws and regulations consistent with the Association for Accreditation of Ambulatory Healthcare Facilities, Health Services Inspection (HSI) standards, and all other applicable standards. 1.1.2. GENERAL SCOPE: The Providers shall fulfill all duties, qualifications and requirements of the position described below and will be accountable to the Mental Health Flight Commander. 1.1.2.1. The Providers will participate in and successfully complete all required Air Force (AF) training for mental health Providers as directed by the Mental Health Flight Commander. They will demonstrate core competency skills in general and specialty Mental Health areas to include treatment of Post-traumatic stress disorder (PTSD), Mood Disorders, and other psychiatric conditions using evidence-based therapy as outlined in the Veteran Affairs (VA)/Department of Defense (DoD) Clinical Practice Guidelines. 1.1.2.2. The Providers will provide brief cognitive/behavioral interventions for patients with a range of occupational concerns, regularly monitor fitness for duty and suitability for AF service, and provide recommendations to the Medical Director or other medical staff regarding retaining, discharge, or medical board evaluation of a full range of Service Members. 1.1.2.3. The Providers may conduct classes or educational groups appropriate for the Mental Health clinic, Air Force Drug and Alcohol Abuse Program (ADAPT) clinic, or primary care clinic as needed, including a full-range of psychoeducational classes such as, but not limited to stress management classes, sleep, relationships, mood problems, and medical/behavioral problems. 1.1.2.4. The Providers will successfully consult with Primary Care providers’ on-demand about general issues or specific patients, and ensure (Primary Care Manager) PCMs receive same day verbal and/or written feedback on patients referred. 1.1.2.5. The Providers will deliver be asked to deliver brief presentations/trainings to Mental Health Flight members or primary care team members regarding behavioral health issues, referral services, or mental health conditions. They will participate be asked to participate in team efforts to develop, implement, evaluate, and revise clinical pathway programs needed in the clinic. 1.1.2.6. The Providers will maintain accurate and current notes in the electronic medical records of all patients seen, using appropriate AF systems as directed by the Mental Health Flight Commander. They will conduct consultation with medical personnel, legal authorities, and military commanders as required. 1.1.2.7. The Providers will be asked to participate in military specific training (e.g., use of the Air Force Guide to Managing Suicidal Behavior, pre-post deployment screening, PTSD, and combat stress, etc.). 1.1.2.8. The Providers will attend and participate in meetings during normal duty hours and professional staff conferences and other appropriate professional activities. These include, but are not limited to the following: quality improvement meetings, professional staff meetings, commander's staff meetings, primary care staff meetings, High Interest case staffing, Multi- disciplinary Case Conference, and others required by applicable regulations, Medical Treatment Facility (MTF) guidance, or as directed by the Mental Health Flight Commander or on-site supervisor. 1.1.3. Psychologist or Social Worker in the Mental Health clinic. The Psychologist or Social Worker assigned to the Mental Health clinic will attend and participate in meetings during normal duty hours, including professional staff conferences and other appropriate professional activities. These include, but not limited to the following: quality improvement meetings, professional staff meetings, commander's staff meetings, mental health flight meetings, installation-level population health meetings, and other meetings required by applicable regulations, MTF guidance, or as directed by the Mental Health Flight Commander or designated representative and the Functional Requirements Evaluator Designee (FRED). 1.1.3.1. Conduct applied research, develops and collects data to assess the psychological health of units, and conducts clinical investigations in clinical/behavioral health psychology as needed and as directed either by the Director of Psychological Health (DPH) or Mental Health Flight Commander. Collects and analyses data to identify population health trends and to answer targeted questions as directed by the DPH or Mental Health Flight commander. 1.1.3.2. Conduct psychological procedures and techniques, to include but not limited to interviewing, behavioral assessment, evidenced-based therapies, and other specialty testing in the evaluation, diagnosis, and treatment of psychological and neuropsychological disorders using the following skills: Individual, family and group psychotherapy, couples therapy, alcohol and drug treatment evaluations. 1.1.3.3. Consult with other mental health professionals in the clinic, medical personnel, legal authorities, military commanders and school districts, as required. 1.1.3.4. Maintain accurate and current notes in the Mental Health record, inpatient medical record and electronic medical records of all patients seen, as appropriate, and produces reports of evaluation and/or treatment, as required. Provides same-day documentation using AF designed documentation templates and follows all AF and DoD level documentation guidance. 1.1.3.5. Participate in military specific training (e.g., training to perform Command Directed Evaluations, security clearances, Military Training Instructor clearances, use of the Air Force Guide to Managing Suicidal Behavior, pre-post deployment screening, PTSD, and combat stress) and others as directed by the Mental Health Flight Commander or AF policy. 1.1.3.6. Assess the psychosocial functioning and needs of patients and their family members and formulates and implements a treatment plan, identifying the patient’s problems, strengths, weaknesses, coping skills and assistance needed, in collaboration with the patient, family and interdisciplinary treatment team. 1.1.3.7. Comply with all template productivity metrics for daily patient care as dictated for contractors by Defense Health Agency (DHA). 1.1.3.8. Provide crisis intervention, brief triage, and assessment for a wide-range of patients, including children and adolescents, during acute walk-in appointments. 1.1.4. Psychologist or Social Worker in the Primary Care clinic. The Psychologist or Social Worker assigned to the Primary Care clinic will be required to participate in and successfully pass the DHA Behavioral Health Consultant (BHC) training, to include Phase I and Phase II training. Further, the BHC will demonstrate core competency skills to an expert trainer within 90 days of starting to see patients in primary care. The 90-day threshold for demonstration of core competency skills will be extended if the Air Force is unable to provide training opportunities within 90 days. 1.1.4.1. Consult with Primary Care provider teams, attend treatment team meetings and daily huddles, as indicated, and interface with other members of the Primary Care team. Collaborate with provider teams to pro-actively identify patients who may benefit from behavioral interventions and work to coordinate appropriate targeted interventions for this population. 1.1.4.2. Coordinate and work closely with other behavioral healthcare providers in the Primary Care clinic or Mental Health clinic and attend meetings related to trend analysis, population health, and appointment management, as directed by the Mental Health Flight Commander. Facilitate identification of high-risk patients and coordinate care for patients who have been discharged from a higher-level of care. Ensure seamless care for patients seen in the United States Navy Hospital Okinawa (USNHO). Communicate closely with providers and technicians in the Mental Health clinic to ensure warm-hand off for patients who transition between the Mental Health clinic and the Primary Care clinic. 1.1.4.3. Provide interventions that are short-term (typically no more than four appointments) with a duration of 15-20 minutes per appointment. Provides same-day documentation using AF designed documentation templates and follow all AF and DoD level documentation guidance. Complies with all template productivity metrics for daily patient care as dictated for contractors by DHA. 1.1.4.4. Conduct applied research, develop and collect data to assess the psychological health of units, and conducts clinical investigations in clinical/behavioral health psychology as needed and as directed either by the Director of Psychological Health (DPH) or Mental Health Flight Commander. Collects and analyses data to identify population health trends and to answer targeted questions as directed by the DPH or Mental Health Flight commander. 1.1.5. DOCUMENTATION: Prepare all medical documentation to meet standards required under Air Force Instruction (AFI) 41-210, paragraph 4.2, Documenting Health Records and the Accreditation Association for Ambulatory Health Care (AAAHC), and Accreditation Handbook for Ambulatory Health Care chapter entitled Clinical Records and Health Information. The DoD’s electronic medical record, Composite Health Care System (CHCS)/Armed Forces Health Longitudinal Technology Application (AHLTA), will be used for all patient encounters when it is available (or as directed otherwise by flight commander). 1.1.6. ORIENTATION: Participate in Wing, MTF and Mental Health Flight orientation meetings for newly assigned personnel to include regulations specific to their professional specialty, hospital and Air Force policy and procedures. 1.1.7. MISSION ESSENTIAL STATUS. The Providers are not designated as a mission essential person. 1.2. SPECIAL REQUIREMENTS. 1.2.1. EDUCATION: 1.2.1.1 The Psychologist shall have a Doctor of Philosophy (Ph.D.) or (Psy.D.) degree in clinical or counseling psychology from an American Psychological Association (APA) accredited psychology program or a program acceptable to the Office of the Surgeon General, U.S. Air Force. 1.2.1.2. The Psychologist shall have completed an APA accredited internship/residency in professional psychology or an internship/residency acceptable to the Office of the Surgeon General, U.S. Air Force. 1.2.1.3. The Social Worker will have a Masters degree in Social Work (MSW) from a School of Social Work fully accredited by the Council on Social Work Education (CSWE), or a program acceptable to the Office of the Surgeon General, U.S. Air Force. 1.2.3. LICENSE/CERTIFICATION. 1.2.3.1 The Psychologist shall have and maintain a current license to practice psychology in any one of the 50 states, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands. License cannot be under investigation nor have any adverse action pending from a national licensing/certification agency. The Psychologist must demonstrate a record of continuing education since licensure. 1.2.3.2. The Social Worker shall have and maintain a current license to practice social work in any one of the 50 states, the District of Columbia, Puerto Rico, or the U.S. Virgin Islands. License cannot be under investigation nor have any adverse action pending from a national licensing/certification agency. The Social Worker must demonstrate a record of continuing education since licensure. 1.2.4. EXPERIENCE. The Psychologist and Social Worker shall each have a minimum of one year of clinical experience each and must have experience in short-term, evidence-based psychotherapy protocols. 1.2.5. In accordance with AFI 48-105, all health care workers shall follow the methods for controlling and preventing disease as described in the American Public Health Association publication, Control of Communicable Diseases Manual, and the Centers for Disease Control and Prevention (CDC) publication, Morbidity and Mortality Weekly Report (MMWR), and its supplements. Where applicable, the most recent guidelines from these publications are utilized as the standard. 1.2.6. Before start of work, providers shall provide proof of immunization from the following diseases according to CDC guidelines: Hepatitis B, measles, mumps, rubella, varicella, and influenza. The contractor shall also provide proof of a negative TB skin test within 12 months (if positive, proof of negative chest X-ray within 12 months) prior to start of work. After start of work, the Government will provide post blood borne exposure protocols according to applicable AFIs. 1.2.7. In those areas where there is a higher risk of transmission of tuberculosis, healthcare workers will be tested as frequently as directed by the MTF policy. This test will be provided by the MTF. 1.2.8. Immunization information will be tracked in DoD computer systems for all healthcare workers. 1.2.9. MEDICAL TESTS. No medical tests or procedures required by the contract may be performed at the MTF (with the exception of Tuberculosis testing after start of work). The other exception to this policy will be if the provider is otherwise a military healthcare beneficiary or if the provider resides on Okinawa. There may be undue hardship incurred to perform testing at another facility. Expenses for all required tests and/or procedures (e.g., respirator fit testing where required) shall be borne by the psychologist at no additional expense to the Government. 1.2.10. TRAINING. CONTINUING MEDICAL EDUCATION (CME) REQUIREMENTS. The Providers, licensed, registered or certified by a national/medical association shall continue to meet the minimum CHE or CME requirements required to meet or maintain licensure or certification credentials as defined by the particular licensing or national certifying body for their specialty. CME shall be obtained at no additional cost to the Government and shall be reported to the COR and MTF Credentials Committee annually on the first normal duty day in January for the previous calendar year. 1.2.11. Periodic CME may be conducted at the MTF and will be available, at no cost, if the Providers desire to attend. If training is received within the MTF or requesting location, the time spent out of the duty section not performing contracted services (in order to obtain the CME), will not be billable to the Government. 1.2.12. LIFE SUPPORT CERTIFICATION. Must maintain current certification in either the American Heart Association Basic Life Support (BLS) (Course C) or the American Red Cross CPR/BLS Course as required by AFI 44-102, Community Health Management. The MTF will provide BLS refresher courses. 1.2.13. CREDENTIALING/PRIVILEGING. Will be subject to the licensure requirements of AFI 44-119, Medical Quality Operations. The Providers shall meet and provide evidence of all state licensing/certification requirements prior to performing as a clinical psychologist. This includes primary source verification in the form of a certificate of program completion with information sufficient that can be verified by the government. 1.2.14. LICENSURE/REGISTRATION. In accordance with paragraph 4.2, AFI 44-119, Medical Quality Operations, 24 September 2007, personal services contract personnel providing care in the MTF must maintain a current, active, unrestricted license from any U.S. jurisdiction. 1.2.15 Copies of required certification for each provider shall be furnished to the Contracting Office Representative (COR) or MDG designated representative prior to performance on this contract. 1.2.16. Health care workers must be immunized annually with the influenza vaccine. This vaccine will be provided by the Government, if available as determined by the MTF. Although this vaccine may be provided by the Government, it may be obtained at other facilities with the cost being borne by the provider. Unless vaccinated by the Government, the provider shall be required to show proof of the vaccination. 1.2.17. PRESCRIPTIONS. Qualification to prescribe pharmaceuticals is not directly sought under this contract. Any individual with prescribing credentials shall become familiar with the hospital formulary and prescribe pharmaceuticals according to the drugs listed in the formulary. The formulary is provided during the MTF in-processing/orientation processes and is updated IAW Air Force policy. The Pharmacy Service will provide instruction to all prescribing providers on substitutions of generic drugs upon in-processing the MTF. 1.2.18. If the Providers desire to be given prescription privileges, it must be demonstrated that they have obtained the education and training required and approved by the Air Force Surgeon General to prescribe pharmaceuticals. 1.2.19. REFERRALS AND CONSULTS. The Providers shall follow DoD, Air Force and MTF regulations and policies when arranging for a referral or consult. 1.2.20. If the Psychologist has the requisite education to prescribe pharmaceuticals, the psychologist must possess a valid controlled substances registration certificate from the Drug Enforcement Agency (DEA) IAW the laws of the state in which he/she is licensed. 1.2.21. Health Insurance Portability and Accountability Act (HIPAA) COMPLIANCE. The Providers agree to abide by all the requirements of the HIPAA as codified at 45 CFR Part 160 and Part 164, subparts A and E, and implemented by DoD 6025.18-R regarding the privacy and confidentiality of health records and information being provided and shared under the resulting contract. The Providers shall comply with the Business Associate Agreement under Privacy of Protected Health Information. 1.2.22. HIPAA is comprised of several different sections, each to be implemented by the Department of Health and Human Services. The medical facilities of the military services and the DOD health plans are specifically listed as covered by HIPPA. Currently, HIPAA Privacy and Security Rules, as set forth in the Code of Federal Regulations, are in effect for all MTFs. The specific implementation of HIPPA Privacy for DOD medical facility is set forth in DOD 6025.18-R, and for HIPAA Security, the requirements for AF MTF’s are contained in DOD 8580.02-R and AFI 41-217, which also contains additional Information Assurance requirements for all AF MTF’s . DOD 6025.18-R, DOD 8580.02-R and AFI 41-217 are incorporated herein by reference. MTFs are responsible to insure overall compliance with HIPAA requirements, which includes incorporation of certain requirements in contracts entered or amended after the respective implementation dates. 1.2.23. IAW these regulations the Contractor and its employees meet the definition of Business Associates. Therefore, a Business Associate Agreement is required by law to comply with both the HIPAA Privacy and Security regulations. This clause serves as that agreement for each MTF, whereby the contractor and its employees agree to abide by all HIPAA Privacy and Security requirements regarding health information as defined in this clause, DOD 6025-18-R, DOD 8520.02-R and AFI 41-217. Additional HIPAA requirements will be addressed when implemented. Privacy of Protected Health Information- (a) Definitions. As used in this clause generally refer to the CFR definition, unless a more specific provision exists in DOD 6025.18-R: 1.2.24. PREGNANT EMPLOYEES. The Provider should report pregnancy to the COR or FRED (Government supervisor). The MTF Employee Health Office will provide information concerning any work hazards in her work area inherent to gestational females. The Government is to notify the pregnant health care worker of any work hazards. It will be the Government and health care worker joint decision whether she continues work in the environment. 1.2.25. ENGLISH LANGUAGE REQUIREMENT. The Provider shall read, understand, speak, and write English fluently to be able to communicate clearly with patients. The Provider shall have typing skills and be computer literate with Microsoft Windows/Office. The Contracting Officer may request demonstrations of ability to meet personnel language proficiency requirements by any reasonable method. 1.3. ADP III SECURITY REQUIREMENTS 1.3.1 Since the Providers under this contract has access to and/or processes information requiring protection under the Privacy Act of 1974, these positions are considered “ADP III” positions. Compliance with DoD Directive 8500.1, DoD Directive 5200.2, AFI 31-501 and AFI 33-202 is mandatory for ADP III positions. Therefore, a National Agency Check with Inquiries (NACI) is required for United States Citizen health care workers under this contract. The contractor shall fully adhere with the provisions of referenced publications by having each of their employees who are performing under this contract make an appointment (through the FRED/COR) with the appropriate security organization at the installation where service is provided. Each individual will be fingerprinted and required to complete the appropriate forms, usually a Standard Form 86, Standardized Investigative Request Form. The provider shall advise their employees that a positive report is needed as a condition of employment under this contract. The provider shall apply for the NACI prior to the start of performance. 1.3.2. The Providers understands that, while the MTF commander may allow health care workers to temporarily occupy non-critical sensitive positions pending NACI, the provider will be immediately removed from the position if at any time the NACI receives unfavorable adjudication, or if other unfavorable information that would affect the NACI becomes known. 1.4. COMMUNICATION. The Provider shall maintain open and professional communication with the appointed contract Functional Requirements Evaluator Designee (FRED), Contracting Officer Representative (COR), and the Contracting Officer (CO) at the 18th Contracting Squadron. 1.5. TRAINING REQUIREMENTS 1.5.1. The Government will provide initial MTF orientation and annual refresher training for the Providers. This requirement will be conducted during normal duties hours; thereby, the time is billable to Government. The Government will provide all training required to have access to Government computer systems. For example, initial Composite Health Care System (CHCS)/AHLTA, Data Safeguarding, Privacy Act, Anti-Terrorism, and Information Assurance training will be provided upon in-processing at the requesting location. 1.5.2. The CHCS and the newest version, AHLTA, are used to document patient care services. Access may be granted through the local MTF and the contractor shall comply with MHS communications and Government IT security standards and policies. The military facility will provide CHCS/AHLTA accounts for the Providers after required training and security procedures have been complete. The MTF will train the Providers on the use of AHLTA/CHCS. The Providers will use the Government computer systems and established MTF procedures to ensure adequate patient care activities meet record documentation and confidentiality requirements. 1.5.3. The Government will provide the required HIPAA Privacy and Security Rule training. The Providers performing services for the Air Force is required to complete initial and annual refresher provided by the MTF and will be held accountable for complying with health information privacy and security policies and procedures. 1.5.4. Mandatory training and documentation for DoD-sponsored contractor personnel such as the Providers must complete Anti-Terrorism/Force Protection Training, Level 1 training compliant (IAW DoDI 2000.16). 1.5.5. The Medical Expense and Performance Reporting System (MEPRS) is the DoD accounting system for financial, personnel and workload within MTFs. The Contractor is responsible for providing all required information monthly (for example: personal data, work schedule, worked hours, work center, etc.) for all the Providers to the MEPRS manager or clinic MEPRS monitor for entry into the system by the Air Force. The contractor shall have a process in place internally to validate the time reported by the Providers is accurately reflected in MEPRS. The data in MEPRS shall be equivalent to billing invoices. 1.6. MEDICAL MALPRACTICE. This contract establishes a personal services relationship between the Providers and the Government while performing services under this contract. This personal services relationship is entered into under the authority of section 1091 of Title 10, United States Code. Accordingly, section 1089 of Title 10, United States Code shall apply to personal injury lawsuits filed against the health care worker(s) based on negligent or wrongful acts or omissions incident to performance within the scope of this contract. This personal services relationship is solely between the Providers and the Government. 1.6.1. The Providers are not required to maintain medical malpractice liability insurance. The Providers providing services under this contract shall be rendering personal services to the Government and shall be subject to day-to-day supervision and control by Government personnel. Supervision and control is the process by which the individual, Providers, receives technical guidance, direction, and approval with regard to a task(s) within the requirements of this contract. All other employer/employee duties and responsibilities (payroll, etc.) remain the responsibility of the prime contractor 2. SERVICES SUMMARY. The Contractor service delivery requirements are summarized into performance objectives that relate directly to standards of performance required to meet mission essential needs. For the Performance Objective to be met, service delivery must be in substantial compliance with applicable performance standards. The Performance Threshold describes the minimum overall levels of service delivery required for acceptable quality control. Failure to meet these Performance Thresholds means that contractor Quality Control is unacceptable. The following is a list of the key performance objectives that will be verified as contractually compliant by government personnel; however, inspection of any contract requirement is authorized. Performance Objective / PWS Para: Performance Threshold SS #1 Provide quality patient care to our beneficiaries / 1.1.1: No more than 2 discrepancies on assessment and treatment peer review items per month. SS #2 Appointments will start within 15 minutes of scheduled time / 1.1.4.1: 90% of all appointments will start within 10 minutes of scheduled time, excluding when providing walk in coverage. SS #3 Patient care and documentation will be clear and concise, and comply with MDG, Health Services Inspection, AAAHC, and clinic standards: No more than 2 discrepancies on documentation peer review items per month. SS #4 Commander Directed Evaluations, if conducted, will comply with requirements of AFI 44-109, para 4.-4.10., DoDD 6490.1, and DoDI 6490.4 / 1.1.5: 100% of evaluation, timeline, and documentation requirements will be met, 1.1.3, as assessed through chart audits. 1.1.3.5 SS #5 Maintains patient privacy/confidentiality / 1.5 : Standard is zero breeches of privacy (may exceed by actively protecting patient information) SS #6 Personnel in the work area and available for work at the appointed times: No more than 2 instances of unapproved tardiness or leaving early in a quarter. SS #7 Absences scheduled at least two weeks prior to the days off, and approved by the Flight Commander or FRED / 4.5: No more than 2 unplanned absences per quarter. 3. GOVERNMENT PROVIDED PROPERTY AND SERVICES. 3.1. GENERAL. The Government will provide the following equipment, supplies, and services listed below for services performed inside government facilities unless otherwise stated in the contract. The property remains accountable to the Government. 3.2. FACILITIES. The contractor shall be co-located with government personnel. Office space shall be provided in Bldg 626. The contractor shall be responsible for keeping the surrounding areas in a clean and orderly condition. 3.3. EQUIPMENT. Contract personnel shall have availability and access to government furnished equipment for performing services required by this contract. This includes computers, office equipment and furnishings, telephones, space, and office supplies, and forms required to perform assigned duties. 3.3.1. Contact personnel will be authorized use of an administrative support available to Government employees. This will include but not be limited to copy machines, telefax machines, medical library, installation distribution, Class-A telephone lines and Defense Switching Network (DSN) lines for Government official business only. 3.4. SUPPLIES. The Government will provide non-medical supplies commonly used in the facility for administrative, non-clinical services supporting the care and management of patients. Commonly used supplies are those routinely stocked by the MTF. 3.5. HOUSEKEEPING. The Government will provide housekeeping services. 4. GENERAL INFORMATION. 4.1 QUALITY CONTROL. The Contractor is required to control the quality of service delivery and offer to the Government for acceptance only services which conform to contract requirements. The overall control of quality must meet the specified performance thresholds for each requirement in the Services Summary. 4.1.1. The government shall rely on the contractor's existing quality assurance systems as a substitute for government inspection and testing, when contracting for commercial services, unless market research indicates otherwise. 4.1.2. Records of inspections shall be kept and made available to the Government throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract. 4.2 QUALITY ASSURANCE. The government will periodically evaluate the contractor’s performance by appointing a representative(s) to monitor performance to ensure services are received. The government representative will evaluate the contractor’s performance through intermittent on-site inspections of the contractor's quality control program and receipt of complaints from base personnel. The government may inspect each task as completed or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. Likewise, the government may decrease the number of quality control inspections if merited by performance. The government will also investigate complaints received from various customers located on the installation. The contractor shall be responsible for initially validating customer complaints. However, the government representative shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s). 4.2.1. The Functional Resource Evaluator Designee (FRED/COR) is the authorized government representative(s) who will perform assessments of the contractor’s performance. Subsequent to contract award, the identity of the FRED/COR, with a letter defining their duties and authority will be promptly furnished to the successful bidder/offeror. 4.2.2. The FRED will inform the COR(s) in person when discrepancies occur and will request corrective action. The FRED will make a notation of the discrepancy on their surveillance checklist with the date and time the discrepancy was noted and will request the COR(s) to initial the entry on the checklist. 4.2.3. Any matter concerning a change to the scope, prices, terms or conditions of this contract shall be referred to the CO. 4.2.4. The services to be performed by the contractor during the period of this contract shall at all times and places be subject to review by the Contracting Officer or COR. 4.3. SECURITY REQUIREMENTS. Security and base access requirements are contained in clause 5352.242-9000 “Contractor Access to Air Force Installations.” Contractor employees will be required to obtain and display identification badges. Anticipate delays in getting commercial vehicles on base and allow time for commercial vehicles to reach their destination by driving designated routes at posted speed limits throughout the base. Procedures for commercial vehicle access to the base are subject to change without prior notice. 4.3.1. ID Passes, Badges and Vehicle Stickers: The contractor is responsible to obtain such clearances and/or passes as required for his/her employees to enter military installations on Okinawa prior to start to work. The contractor shall be responsible for all passes issued to his/her employees under this contract. Applications shall be coordinated through the Contracting Officer or designated representative. At the time of application, Security Forces may conduct a background check on employees. Upon termination of employment, the contractor shall be responsible for returning identification cards and base passes to Security Forces within 24 hours. 4.3.2. The MTF will conduct criminal background checks on all health care workers involved in the delivery of healthcare to children, under the age of 18 on a frequent and regular basis, as stated in DODI 1402.5, Enclosure 5. The Providers are responsible for ensuring the completed SF 85P (Public Trust Positions) is contained in credentialing packages prior to providing services at the MTF (Security Manager). The Providers shall follow local MTF policy to provide fingerprints on a properly completed SF87 (FBI US Department of Justice Fingerprint Card). The procedures for completing the required background check are outlined in the Department of Defense Instruction (DODI) 1402.5. 4.3.3. Health care workers may be employed under the contract pending completion of the background checks provided they meet the following criteria pending completion of background checks: The MTF Commander shall require close clinical supervision and full compliance with existing DoD Directives, Instructions, and other guidance...on quality assurance, risk management, licensure, employee orientation, and credentials verification. These policies rely on process and judgment, and meet the intent of the ‘direct sight supervision’ provision, affording local commanders a flexible and reasonable alternative. Therefore, the Commander will determine what constitutes “close clinical supervision” for individuals whose CHBCs are pending--either supervised privileges ensuring protection of patients under the age of 18 or line- of-sight supervision (i.e., chaperoned by an individual whose background check has been successfully completed) at all times when caring for these patients. 4.3.4. If the Providers have previously received a security clearance, complete investigation (JPAS copy), 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. 4.3.5. Payment of fees incurred in the conduct of any criminal history background check is the responsibility of the Government, with the exception of foreign local Police Department. 4.3.6. National Agency Checks. The Providers shall comply with DoD 5200.2-R, Department of Defense Personnel Security Program and AFI 33-119, electronic Mail Management and Use requirements for contracted personnel operating Government workstations that have unclassified automated information systems (e-mail, MIS, Internet, CAMS, etc.) Request for National Agency Checks (NAC) via completion of SF-86 on contractor personnel hired at the beginning of the contract, shall be submitted to the Government no later than 14 working days from the contract start date. Request for NACs on contractor personnel hired subsequent to the contract start date shall be submitted to the Government no later than five (5) workdays from the employee’s first duty day. The contractor personnel receiving unfavorable NACs shall not be hired and or may be removed from contract. The contractor, at no additional cost to the Government, shall be responsible for the charges incurred from these investigations by providing a charge account. 4.3.7. Restricted Area Access: The Chief of Medical Services (18 MDG/SGH) shall arrange for any necessary access to restricted areas if necessary. 4.3.8. The contractor shall not employ persons for work on this contract if such employee is identified to the government by the CO as a potential threat to the health, safety, security, general well being, or operational mission of the installation and its population. 4.3.9. Smoking is not permitted in any government building or work area. 4.4. PHYSICAL SECURITY. The contractor shall be responsible for safeguarding all government property provided for contractor use. At the close of each work period, government facilities, property, and materials shall be secured. 4.4.1. Key Control. The contractor shall establish and implement methods of ensuring that all keys/key cards issued to the contractor by the government are not lost or misplaced and are not used by unauthorized persons. (NOTE: All references to keys also include key cards. No keys issued to the contractor by the government shall be duplicated. The contractor shall develop procedures covering key control that shall be included in the quality control plan. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas.) 4.4.1.1. The contractor shall immediately report the occurrences of a loss of duplicate key to the COR or FRED. 4.4.1.2. In the event keys, other than master keys, are lost or duplicated, the contractor shall, upon written direction of the COR or FRED, re-key or replace the affected lock or locks; however, the government, at its option, may replace the affected lock or locks or perform re- keying. When the replacement of locks or re-keying is performed by the government, the total cost of re-keying or the replacement of the lock or locks shall be deducted from the monthly payment due the contractor. In the event a master key is lost or duplicated, all locks and keys for that system shall be replaced by the government and the total cost deducted from the monthly payment due the contractor. 4.4.1.3. The contractor shall prohibit the use of keys issued by the government by any persons other than the contractor’s employees. The contractor shall prohibit the opening of locked areas by contractor employees to permit entrance of persons other than contractor’s employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer. 4.4.2. Lock Combinations. The contractor shall establish and implement methods of ensuring that all lock combinations are not revealed to unauthorized persons. The contractor shall ensure that lock combinations are changed when personnel having access to the combinations no longer have a need to know such combinations. These procedures shall be included in the contractor’s Quality Control Plan. 4.5. HOURS OF OPERATION. 4.5.1. Normal Hours of Operation. The psychologist shall work a total of 80 hours in each pay period. Generally, this will include 8 patient hours each day, but may also vary depending on the work load and distribution of patients. Additionally, the psychologist will be required to occasionally work on-call during the evenings and weekends. When this happens, the day-time work shift will be adjusted such that the psychologist will not exceed 80 hours in each pay period. These target productivity standards should be attenuated in consideration of any meetings the Providers are required to attend by their supervisor and/or the MTF. Unless on call, no weekends and no Federal Holidays will be worked. Duty hours may include Air Force down days or base exercise days where limited military staffing is available. 4.5.1.2. The psychologist will be compensated for time actually devoted to delivery of services in this contract unless a base or MTF closure prevents the Providers from performing a normal, scheduled duty day. For all locations, there may be occasions when mission and workload changes require employees to adjust work schedules to meet demand. 4.5.1.3. In the instance where the Government supervisor directs the psychologist to remain on duty in excess of their scheduled shift due to an unforeseen emergency or to complete patient treatment where lack of continuity of care would otherwise jeopardize patient health, the psychologist shall remain on duty. This provision is not intended to apply to the time required to complete routine tasks (e.g., completion of paperwork or routine administrative tasks at the end of a shift) which are to be completed as part of the shift. The psychologist’s schedule shall be adjusted for the additional hours such that the number of hours on the contract is not exceed4.5.2. Recognized Holidays. The contractor is not required to provide service on the following days: New Year’s Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Days, Thanksgiving Day and Christmas Day. If the holiday falls on Saturday, it is observed on Friday. If the holiday falls on a Sunday, it is observed on Monday. New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans’ Day 11 November Thanksgiving Day Fourth Thursday in November Christmas Day 25 December 4.5.3. Clinic Closures: 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 contract personnel is scheduled to work is closed due to the holiday declared by an Executive Order and the employee is not required to report in, payment will not be made for those hours. Closures of the installation due to inclement weather or other such acts of nature shall be handled in the same manner. 4.5.3.1. During anticipated closure of the facility, (i.e., training holidays, administrative leave granted to the entire staff, or other closure) the contracted staff may be allowed to perform their duties. The Providers may use leave or vacation time during these anticipated closures if available when the MTF commander deems the day “minimal staffing” coverage. The Government will not pay the Providers unless they work or take paid time off during these times. The Government will notify the Contractor of anticipated closures five (5) business days in advance or as soon as possible. 4.6 HEALTH REQUIREMENTS 4.6.1 A pre-employment physical is not required unless recommended by 18 Aerospace Medicine Squadron (AMDS) Public Health. Per Occupational Safety Health Administration (OSHA) requirements, all Contractor personnel who will have occupational exposure to blood or body fluids, or other potentially infectious materials, shall receive Hepatitis B vaccine, sign a voluntary declination, or have documented proof of immunity to Hepatitis B infection. Validation of Hepatitis B immunity is required for all Contractors identified in an exposure prone position. Personnel who sign declinations may change their minds at any time and receive the Hepatitis B vaccine without penalty. It is the Contractor's responsibility to report all information necessary to assure hospital records can be maintained correctly, and therefore comply with the OSHA and Center for Disease Control (CDC) health records requirement. Additionally, contractors will comply with all medical requirements outlined in MDGI 48-10, Medical Employee Health Program. Additionally, a physician must provide documentation of "no active respiratory disease." It is the contractor’s responsibility to pay for any medical exam necessary to ensure this public health compliance requirement is met. 4.7 ABSENCES AND LEAVE. 4.7.1. Providers are allowed to take up to twenty (20) work days of leave annually. Leave is classified as both annual, vacation or sick leave. Leave shall be taken in one (1) day increments and shall not exceed to (10) consecutive work days. All leave is considered non-paid days and shall be deducted from the contractor’s monthly invoice. Time and details shall be coordinated with the COR and/or FRED. Scheduled absences shall be scheduled at least thirty (30) calendar days in advance and mutually agreed upon by the COR and/or FRED and the provider Unscheduled absences shall be called into the COR by the provider within the first two (2) hours of each duty day that s/he is unable to report to work. 4.7.2. Substitution Personnel are defined as temporary employees providing backfill for a permanent Providers. Coverage is required for scheduled or unscheduled absences exceeding 160 consecutive hours. The contractor agrees to initiate performance of this contract using only fully qualified Providers who have been accepted through the Government selection process. Like any Provider placed under this contract, substitution personnel shall meet all contract requirements prior to start of work in the MTF. 4.8. CONSERVATION OF UTILITIES. The contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions which prevent the waste of utilities which include the following: 4.6.1. Lights shall be used only in areas where and when work is actually being performed. 4.6.2. Mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by the contractor or by contractor employees unless authorized. 4.6.3. Water faucets or valves shall be turned off after the required use has been accomplished. 4.6.4. Government telephones shall be used only for official government business. 4.9. RECORDS. The contractor shall be responsible for creating, maintaining, and disposing of only those government required records that are specifically cited in this PWS or required by the provisions of a mandatory directive listed in Applicable Publications and Forms. If requested by the Government, the contractor shall provide the original record or a reproducible copy of any such record within five working days of receipt of the request. 4.10 ENVIRONMENTAL CONTROLS. 4.10.1. Compliance with Laws and Regulations. The contractor shall be knowledgeable of and comply with all applicable Japan Environmental Governing Standards (JEGS), and requirements regarding environmental protection. In the event environmental laws/regulations change during the term of this contract, the contractor is required to comply as such laws come into effect. If there is an increase or decrease in cost as a result of the change, the contractor shall inform the Contracting Officer pursuant to notice requirements and negotiate a modification to the contract. 4.10.2. Notification of Environmental Spills. If the contractor spills or releases any substance contained in 40 CFR 302 into the environment, the contractor or its agent shall immediately report the incident to Kadena AB Fire Dept at 911. The liability for the spill or release of such substances rests solely with the contractor and its agent. 4.10.3. Material Storage and Use. Material Storage and Use. Please ensure that all hazardous materials are acquired, stored, and handled in accordance with JEGS, Chapter 5, para 5.3.5. and AFI 32-7086. Any hazardous materials brought onto Kadena Air Base must have an approved AF IMT 3952 coordinated through the 18 SUPS/LGSH (Kadena HAZMART pharmacy) and approved by the 18th WG Safety, Bioenvironmental and Environmental authorities, AFI 32-7086 para 2.5.5. Please consult with the Kadena HAZMART Pharmacy at extension 634-7725 for a determination of whether a product is a hazardous material or not. 4.10.4. EMS. Per AFI 32-7001 paragraph 5.7, all personnel working at Kadena AB or on behalf of Kadena AB must complete the Environmental Management System (EMS) Awareness training. EMS General Awareness Training is available on the Advanced Distributive Learning System (ADLS). The training must be completed within 90 days of hire date. In the event that the ADLS website is not available, contact 718 CES/CEIE (Environmental Office ) at 634-2600 for EMS Training Slides. The training slides would need to be briefed to all newly hired personnel and a log of personnel trained maintained for documentation. 4.11. GOVERNMENT OBSERVATIONS. Government personnel or FRED/COR(s), may from time to time, with CO coordination, observe contractor operations. However, these personnel shall not interfere with contractor performance or make any changes to the contract. 4.12. SAFETY REQUIREMENTS. In performing work under this contract, the contractor shall: 4.12.1. Conform to the safety requirements contained in the contract for all activities related to the accomplishment of the work. 4.12.2. Perform work in a safe manner as required by OSHA 2206, General Industry, Occupational Safety and Health Standards (29 CFR 1910) and Japan Environmental Governing Standards (JEGS) by US Force Japan. 4.12.3. Develop and provide at the start of the orientation period or the start of the first operational performance period (if there is no orientation period) a safety plan for the protection of government facilities and property and to provide a safe work environment for contractor personnel. 4.12.4. Provide protection to government property to prevent damage during the period of time the property is under the control or in possession of the contractor. 4.12.5. Include a clause in all subcontracts to require subcontractors to comply with the safety provisions of this contract as applicable. 4.12.6. Record and report promptly (within one hour) to the contracting officer or designated government representative (GR), all available facts relating to each instance of damage to government property or injury to either contractor or government personnel. 4.12.7. In the event of an accident/mishap, take reasonable and prudent action to establish control of the accident/mishap scene, prevent further damage to persons or property, and preserve evidence until released by the accident/mishap investigative authority through the contracting officer. 4.12.8. If the government elects to conduct an investigation of the accident/mishap, the contractor shall cooperate fully and assist government personnel in the conduct of investigation until the investigation is completed. 4.12.9. Include a clause in each applicable subcontract requiring the subcontractor's cooperation and assistance in accident reporting and investigation. 4.12.10. Ensure personnel have the following on-base emergency services phone numbers programmed into their cell phones: While working on Kadena, Okuma, Camp Shields, or Torii Station, call Kadena Dispatch at 098-934-5911 or 098-962-9445. While working on Camp Foster, Camp Courtney, Camp Hansen, Camp Schwab, or Camp Kinser, call Foster Dispatch at 098-911-1911. 4.13. PARTNERING AGREEMENT. The contracting officer may require a partnering agreement between the government and the contractor to ensure joint cooperation and a sound partnership of all parties involved in the execution of this contract. Partnering is the creation of a government-contractor relationship that promotes achievement of mutually beneficial goals. It involves an agreement in principle to share the risks involved in completing the project and to establish and promote a nurturing partnership environment. Representatives from each organization are encouraged to participate in developing the partnering agreement. Suggested representation is the civil engineer manager, the government inspector, the government contract administrator, the contractor’s manager and the contractor’s quality control person. All costs for the partnership agreement should be shared equally between the government and contractor. This group is responsible for developing a formal partnering agreement that should be signed by all parties involved. The agreement should contain as a minimum: specific goals to be reached and a list of objectives to reach the goals, a set of metrics to evaluate the objectives, a frequency for meetings to review the metrics, and a statement of cooperation to execute the terms of the agreement. 4.14. CONTINUATION OF ESSENTIAL DOD CONTRACTOR SERVICES DURING CRISIS IAW DoDI 3020.41. (MANDATORY) IAW DoDI 3020.41, Operational Contract Support, paragraph 2.c, the Functional Commander or Director has determined that BHOP contract is a non-essential service during crisis. 4.15. PHASE OUT. 4.15.1 If there is a change in contractor or if the operation reverts to in-house, the incumbent contractor will provide familiarization, to the government or the follow-on contractor, whichever the case may be. During the phase-out familiarization period, the incumbent will be fully responsible for the operation of the Provider 4.15.2 The government reserves the right to conduct site visits in all contractor operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent contractor will cooperate to the extent required to permit an orderly change over to the successful contractor. With regard to the successor contractor’s access to incumbent employees, a recruitment notice may be placed in each facility. 4.16 PUBLICATIONS. 4.16.1 Compliance with all publications, regulations and operating instructions provided by the Government is required when: 4.16.2 They pertain to the procedures for materials expediting herein and where the contractor is authorized by the performance work statement to accomplish the work specified in the publication, regulation or operating instructions. 4.16.3 The publications prescribe USAF policies, use of materials, procedures and processes applicable to the work requirements. 4.16.4. The contractor is required to acquire and work on the latest version of the publication. 4.17. CONTRACTOR PERSONNEL 4.17.1. Contract Manager: the contractor shall provide a contract manager and alternate contract manager (responsible in the absence of the contract manager) who shall be responsible for the performance of the services. The names of the contract manager and alternate(s) shall be provided to the CO in writing prior to the beginning of the first performance period. The contract manager and alternate(s) must be able to read, write, speak, and understand English. 4.17.1.1. The contract manager and alternate shall have full authority to act for the contractor on all contract matters relating to daily operations of this contract. 4.17.1.2 The contract manager or alternate shall be available during normal duty hours within twelve (12) hours to meet on the installation or via telecom with government personnel (designated by the CO) to discuss problems. After normal duty hours the manager or alternate shall be available within four (4) hours. 4.17.2. Contractor Employees: the contractor shall not employ persons for work on this contract if such employee is identified to the contractor by the CO as a potential threat to the health, safety, security, general well being or operational mission of the installation and its population. 4.17.2.1. Contractor personnel shall present a business casual, neat appearance and be easily recognized as contractor employees. This may be accomplished by wearing distinctive clothing bearing the name of the company or by wearing appropriate badges, which contain the company name and employee name in English. Colored jeans, t-shirts, derogatory slogans, non- conservative clothing will not be worn and the contractor will be asked to change. 4.17.2.1.1. Facial hair (including beards, mustaches, and sideburns) shall be controlled (restrained) or trimmed. It shall not interfere with safe work practices, look unkempt, or be unclean. 4.17.2.2. The contractor shall not employ any person who is an employee of the U.S. Government, if employing that person would create a conflict of interest. Additionally, the contractor shall not employ any person who is an employee of the Department of the Air Force, either military or civilian, unless such person seeks and receives approval according to DOD 5500-7-R Joint Ethics Regulation. The contractor shall not employ any person who is an employee of the Department of the Air Force if such employment would be contrary to the policies in AFI 64-106, Air Force Industrial Labor Relations Activities. 4.17.2.3. The contractor is cautioned that off-duty active military personnel hired under this contract may be subject to permanent change of station, change in duty hours or deployment. Military Reservists and National Guard members may be subject to recall to active duty. The abrupt absence of these personnel could adversely affect the contractor’s ability to perform; however, their absence at any time shall not constitute an excuse for nonperformance under this contract. 4.18 CONTRACTOR MANPOWER REPORTING 4.18.1. The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Air Force via a secure data collection site. The contractor is required to completely fill in all required data fields at . 4.18.2 Reporting inputs will be for the labor executed during the period of performance for each Government fiscal year (FY) which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the CMRA help desk. 4.19. JAPANESE ROAD LAWS 4.19.1. The contractor shall comply with Japanese Road Laws while on US Military installations to specifically include: Article 43 The Road Law (Japan) (prohibited acts relative to roads). No person shall commit the following described acts: 4.19.1.1. Damaging the road, causing roads to be littered with debris, polluting the roads with debris or fallout from motor vehicles or otherwise defacing roads unreasonably or without due cause. 4.19.1.2. Article 43-2 (Measures to be taken to prevent cargo or things loaded on motor vehicles from falling out) 4.19.2. The agency managing a road may when there is reasonable cause for him to feel that items or cargo being carried in or on a motor vehicle may fall out and damage, pollute, or otherwise deface the road in such manner as to hinder or obstruct the traffic, order the operator of the vehicle in question to take steps or measures necessary to prevent occurrence of such hindrance by stopping operation of the vehicle, or correcting the method of loading or traveling or operation of the vehicle. 4.20. REQUIRED INSURANCE BY JAPANESE LAW 4.20.1. The Contractor shall procure and maintain during the entire period of his performance under this contract the following minimum insurance on each vehicle used by the Contractor at the work site. 4.20.1.1. Type: Automobile Property Damage Insurance Amount: ?3,000,000 or Dollar equivalent Bodily Injury Insurance Amount: ?30,000,000 or Dollar equivalent 4.20.1.2. All vehicles must be properly inspected/insured in accordance with Japanese Compulsory Insurance (JCI) requirements. 4.20.2. Prior to the commencement of work hereunder, the Contractor shall furnish to the Contracting Officer a certificate or written statement of the above required insurance. The policies evidencing required insurance shall contain an endorsement to the effect that cancellation or any material change in the policies adversely affecting the interests of the U.S. Government in such insurance shall not be effective for such period as may be prescribed by the laws of the state in which this contract is to be performed and in no event less than thirty (30) days after written notice thereof to the Contracting Officer. 4.21. SUBMISSION OF INVOICES: The contractor shall submit invoices through Wide Area Workflow (WAWF) IAW FAR clause 252.232-7003 Electronic Submission of Payment Request and Receiving Reports. Training and further information may be found at 4.22. INDIVIDUAL LOGISTICAL SUPPORT 4.22.1. INDIVIDUAL LOGISTICAL SUPPORT: Individual logistical support is provided under this contract in accordance with FAR 25.802, DFARS 225.802,and the policies and procedures of DoD 4525.6-M and AFI 36-3026. Policies and procedures are subject to change. Examples of support are: DOD Common Access Card (CAC); Commissary (including rationed items); Base Exchange (including rationed items); MWR Facilities (e.g. chapels clubs, cinema, fitness center); Military Banking Facilities; Military Postal Service(APO/FPO); Mortuary Services (on reimbursable basis); POV (Privately-Owned Vehicle license); Purchase POL (Petroleum and Oil products); Transient Billets or Visiting Officers Quarters (VOQ) on space- available and reimbursable basis when travel is performed on Official Government Orders; Department of Defense Public Schools (DODDS) on a space guaranteed and tuition paying basis; Medical Services on a reimbursable basis; Dental care only for emergency conditions on a reimbursable basis; Pet Registration and Control and Housing Referral. Logistical support is not authorized for Local National hires as it is forbidden by the Status of Forces Agreement (SOFA). Local National hires may be authorized a CAC if their duties require access to Government computer programs. (See APPENDICES C) 5. APPENDICES A. Acronyms & Abbreviations List B. Publications/Forms C. Headquarters, United States Forces, Japan Instruction 64-100 APPENDIX A ACRONYMS AND ABBREVIATIONS LIST Acronym/Abbreviation Definition AF Air Force AFB Air Force Base CFR Code Federal Regulation CO Contracting Officer COR Contracting Officer Representative DEPT Department DOD Department of Defense FAR Federal Acquisition Regulation FRED Functional Resource Evaluator Designee GR Government Representative MTF Military Treatment Facility OSHA Occupational Safety and Health Act PBSA Performance Based Service Acquisition PWS Performance-Based Work Statement QA Quality Assurance QCP Quality Control Program RN Registered Nurse SS Services Summary USAF United States Air Force APPENDIX B PUBLICATIONS/INSTRUCTIONS Applicable PWS Publication/Instruction /Name Date Paragraph/Chapter Paragraph AFI 41-210, paragraph 4.2, Documenting Health Records and the Accreditation Association for Ambulatory Health Care (AAAHC), PWS para 1.1.5 AFI 48-105, SURVEILANCE, PREVENTION, AND CONTROL OF DISEASES AND CONDITIIONS OF PUBLIC HEALTH OR MILITARY SIGNIFICANCE, 1 Mar 2005, PWS Para 1.2.5 DoDI 3020.41, Contractor Personnel Authorized to Accompany the U.S. Armed Forces, 3 Oct 2005, Paras 5.6.2 & 6.2, PWS Para 4.14 AFI 44-119, Medical Quality Operations, 16 Aug 2011, PWS Para 1.2.13 DOD 5500-7-R Joint Ethics Regulation, PWS Para 4.17.2.2. AFI 64-106, AF Industrial Labor Relations, 25 Mar 1994, Entire Document Applicable, PWS Para 4.17.2.2. APPENDIX C (1) Contract to be performed in Japan. The Status of Forces Agreement between the United States and Japan (SOFA) governs the rights and obligations of the United States armed forces in Japan. Unless a contractor is present in Japan solely to perform under a contract with the United States for the sole benefit of the United States armed forces in Japan and is accorded privileges under SOFA Article XIV, it and its employees shall be subject to all the laws and regulations of Japan. Certain contractor employees and their dependents not accorded privileges under SOFA Article XIV may be accorded privileges under SOFA Article l(b) (2) The Contractor shall comply with the instruction of the Contracting Officer concerning the entry of its employees, equipment, and supplies into Japan, and shall comply with all applicable Japanese laws and regulations as well as United States Forces Japan (USFJ) and USFJ component policies and regulations during the performance of this contract. (3) SOFA Article l(b) Status (A) SOFA Article l(b) status. Contractor employees performing under contracts with the United States for the provision of services in support of U.S. armed forces in Japan, and whose presence is required in Japan to provide such services, may be determined eligible to acquire SOFA status in Japan as part of the civilian component under Article l(b) of the SOFA. Article l(b) does not create a lawful status in Japan for any entity other than individuals (e.g., the company employing the individual does not acquire SOFA status under Article l(b)). To qualify for SOFA status under SOFA Article l(b), such individuals must be: (i)United States nationals, (ii) not ordinarily resident in Japan, (iii) present in Japan at the invitation of, and solely for the purpose of executing contracts with, the United States for the benefit of the United States armed forces, and (iv) not contractors or employees of a contractor whose presence in Japan is solely for the purpose of executing contracts within the definition of SOFA Article XIV. (B) The contracting officer may determine a proposed contractor employee's eligibility for recognition as a Member of the Civilian Component under Article l(b) of the SOFA by documenting on a Letter of Authorization (LOA) that the contractor employee is essential to the mission of the United States armed forces and has a high degree of skill of knowledge for the accomplishment of mission requirements by fulfilling one of the following: (i) Acquiring the skill and knowledge through a process of higher education or specialized training and experience; or (ii) Possessing a security clearance recognized by the United States to perform his or her duties; or (iii) Possessing a license or certification issued by a U.S. Federal Department or Agency, U.S. State, U.S. Territory, or the District of Columbia to perform his or her duties; or (iv) Identified by the United States armed forces as necessary in an emergent situation and will remain in Japan for less than 91 days to fulfill specialized duties; or (v) Specifically authorized by the Joint Committee. (C) Contractor employees shall present a valid LOA, signed by the Contracting Officer, to Japanese immigration officials upon entry into Japan to receive GOJ recognition as a Member of the Civilian Component under Article l(b) of the SOFA. (D) SOFA Article 1(b) privileges and benefits. Persons granted authority to enter Japan under SOFA Article l(b) and their dependents (defined as spouse, children under 21 , and, if dependent for over half their support upon an individual having SOFA Article l(b) status, parents and children over 21) may be accorded the following benefits of the SOFA. These privileges are personal to the employee/dependent and do not inure to the employer. (i) Access to and movement between facilities and areas in use by the United States armed forces and between such facilities and areas and the ports or airports of Japan as provided for in SOFA Article V, paragraph 2; (ii) Entry into Japan and exemption from Japanese laws and regulations on the registration and control of aliens as provided for in SOFA Article IX; (iii) Acceptance as valid by Japan, without a driving test or fee, a U.S. Forces, Japan Operator's Permit for Civilian Vehicle as provided for in SOFA Article X. Issuance of such permit shall be subject to applicable military regulation; (iv) Exemption from customs duties and other such charges on materials, supplies, and equipment which are to be incorporated into articles or facilities used by the United States armed forces furniture, household goods for private use imported by person when they first arrive to work in Japan, vehicles and parts imported for private use, and reasonable quantities of clothing and household goods for everyday private use which are mailed into Japan through United States military post offices as provided for in SOFA Article XI, paragraphs 2 and 3; (v) Exemption from the laws and regulations of Japan with respect to terms and conditions of employment as provided for in SOFA Article XII, paragraph 7, except that such exemption shall not apply to the employment of local nationals in Japan; (vi) Exemption from Japanese taxes to the Government of Japan or to any other taxing agency in Japan on income received as a result of their service with the United States armed forces as provided for in SOFA Article XIII. The provisions of Article XIII do not exempt such persons from payment of Japanese taxes on income derived from Japanese sources; (vii) If authorized by the installation commander or designee, the right to use exchanges, commissaries, messes, social clubs, theaters, newspapers and other non-appropriated fund organizations regulated by United States military authorities as provided for in SOFA Article XV; (viii) The transmission into or outside of Japan of United States dollar or dollar instruments realized as a result of contract performance as provided for in SOFA Article XIX, paragraph 2; (ix) The use of postal facilities as provided for in SOFA Article XXI; (x) Exemption from taxation in Japan on the holding, use transfer by death, or transfer to person or agencies entitled to tax exemption under the SOFA, of movable property, tangible or intangible, the presence of which in Japan is due solely to the temporary presence of these persons in Japan, provided such exemption shall not apply to property held for the purpose of investment or the conduct of other business in Japan or to any intangible property registered in (xii) Logistic Support. Contractor, contractor personnel, and in the case of personnel granted SOFA Article l(b) status, dependents, shall, subject to availability as determined by the installation commander or designee, be provided logistic support including, but not limited to, the items below. (1) Base Exchange, including exchange service stations, theaters, and commissary (Article l.b personnel/dependents and Article XIV personnel only); (2) Laundry and dry cleaning; (3) Military banking facilities (Article l(b) personnel/dependents and Article XIV personnel only); (4) Transient billeting facilities; (5) Open mess (club) membership, as determined by each respective club; (6) Casualty assistance (mortuary services) on a reimbursable basis; (7) Routine medical care on a reimbursable basis for U.S. citizens and emergency medical care on a reimbursable basis for non-U.S. citizens; (8) Dental care, limited to relief of emergencies on a reimbursable basis; (9) Department of Defense Dependent Schools on a space-available and tuition-paying basis; (10) Postal support, as authorized by military postal regulations (11) Local recreation services on a space-available basis; (12) Issuance of U.S. Forces, Japan Operator's Permit; (13) Issuance of vehicle license plates. (14) Conduct. Civilian personnel supporting the U.S. armed forces in Japan are guests in a foreign country and must at all times conduct themselves in an honorable and credible manner. Criminal conduct and dishonorable personal behavior committed either on or off duty adversely impacts U.S. and Japanese relations, tarnishes the image of the DoD and USFJ, and hampers the Force's military readiness. (A) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel are familiar with, and comply with, all applicable- (i)United States, host country, and third country national laws; (ii) Treaties and international agreements; (iii) United States regulations, United States Armed Forces directives, instructions, policies, and procedures; and (iv) Orders, directives, and instructions issued by supported commanders, including those relating to force protection, security, health, safety, liberty policies, alcohol-related incidents, or relations and interaction with local nationals, should serve as guideposts in all on and off duty conduct and will be used as general principles in the application of the government's discretion with regard to paragraph (B), below. (B) Removal and replacement of Contractor personnel. The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any Contractor personnel who fail to comply with or violate applicable requirements of this contract, including those stipulated in this section. Such action may be taken at the Government's discretion without prejudice to its rights under any other provision of this contract, including the termination for default or cause. (5) Contractors shall comply with the policies and procedures described in DFARS 225.370, DFARS PGI 225.370(c)(i), USFJI 64-100, "Contract Performance in Japan," and USFJI 36- 2811, "Indoctrination Training Programs." ................
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