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THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN FAR SUBPART 12.6 AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION. PROPOSALS ARE BEING REQUESTED AND A WRITTEN SOLICITATION WILL NOT BE ISSUED.

This solicitation is issued as a Request for Quotation (RFQ).PLEASE SUBMIT YOUR QUOTATION NLT 6 April, 2015 at 4:30 PM Local to lorenzo.rhoades@us.af.mil.If you have questions please email or call Lorenzo Rhoades 011-49-6565-61-8129.

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Place of Performance: 52D Medical Group Main Clinic, Spangdahlem Air Base, Germany

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The following clauses and provisions apply to this solicitation (available from )

52.204-7 – SYSTEM FOR AWARD MANAGEMENT (JULY 2013)

52.204-10 - REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT AWARDS (JULY 2013)

52.204-13 SYSTEM FOR AWARD MANAGEMENT Maintenance (JULY 2013)

52.212-1 - INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS

**Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS**

DELIVERABLES:

The contractor shall provide:

- A complete Quality Control Program (QCP) to ensure the requirements of the contract are provided as specified. The contractor shall provide a QCP describing the inspection system for the requested services listed in the SOW. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of unacceptable services. The Contractor’s QC plan must be submitted with their initial proposal to the Contracting Officer for review and acceptance. The contractor shall update the plan as changes occur and changes shall be submitted for review by the Contracting Officer.

- All education and training requirements leading to and graduated from an accredited national, state or military equivalent school for Practical Nursing or Vocational Nursing.

- A current, active, valid, unrestricted license (with no limitations, stipulations or pending adverse actions) to practice as a Licensed Practical Nurse (LPN) or Licensed Vocational Nurse (LVN) from a US jurisdiction and maintain it throughout the life of the contract. License must be recognized and accepted by the State of practice in accordance with governing regulations.

- Certification in an MTF approved Cardiopulmonary Resuscitation (CPR) course.

(End of Addendum to FAR 52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS)

2. EVALUATION--COMMERCIAL ITEMS (JAN 1999)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

- Price

- Technical Acceptability

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

** Addendum to FAR 52.212-2 Evaluation- Commercial Items**

EVALUATION PROCESS:

General Information: All proposals received will be subjected to an evaluation by a team that includes government personnel. The award will be made to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. In addition, award may be made to other than low priced offer and may be made without conducting discussions.

Proposal Uniformity: Because of the numerous proposals solicited, uniformity of all proposals submitted is essential to assure fair and accurate evaluation. For this reason, proposals, which do not conform, to all the terms and conditions of this solicitation may be considered unacceptable.

Technical Competency: To be determined technically acceptable, a quoter must provide all

information and/or requirements listed below. Failure to submit any of the listed requirements will result in the quoters technical proposal being determined technically unacceptable. All Technical Competency will be evaluated on a pass or fail basis.

EVALUATION CRITERIA

FACTOR 1 - PRICE: For award purposes, the quoter will be evaluated

on the TOTAL price of all CLINS contained in the Schedule. All quotes must include prices for all line items. Failure to include all prices will exclude the quote from further consideration for award. The Contracting Officer shall determine that the prices are reasonable based on competitive offers in accordance with FAR 13.106-2.

FACTOR 2- TECHNICAL COMPETENCY ( CREDENTIALS): The Licensed vocational nurse position shall be reviewed by US Government personnel. The Contractor shall submit the required credentials paperwork identified in Section 1. of the Statement of Work (SOW):

Education / Certification / Licensure

Deliverables:

QUALIFICATIONS:

- Knowledge: The following knowledge is mandatory. Medical terminology, anatomy and physiology; nursing theory, techniques and procedures; team nursing; patient needs; emergency medical treatment to include cardiopulmonary resuscitation, aseptic technique, medical ethics, and legal aspects; prescription drugs and their administration; operating and maintaining therapeutic equipment, military hygiene and sanitation; risk management, contingency operations, disaster preparedness, and chemical warfare; and transportation of sick and wounded. Vaccination procedures; methods of properly administering intradermal, subcutaneous, and intramuscular injections; allergen identification; composition of various vaccines; mechanisms of anaphylaxis and shock and their treatment; and pharmacology of various drug groups. Knowledge will be verified upon resume submission and interview process.

- EDUCATION: Must have successfully completed all education and training requirements leading to and graduated from an accredited national, state or military equivalent school for Practical Nursing or Vocational Nursing.

- LICENSE: Must have and maintain throughout course of contract, a current, active, valid, unrestricted license (with no limitations, stipulations or pending adverse actions) to practice as a Licensed Practical Nurse (LPN) or Licensed Vocational Nurse (LVN) from a US jurisdiction. License must be recognized and accepted by the State of practice in accordance with governing regulations.

- Individuals with a higher level or education or training (e.g. Registered Nurse, Nurse Practitioner) may serve as a 4N0X1(Military Medical Technicians) equivalent and will be considered to meet the requirements of this Position Description with the understanding they will only be performing duties in the capacity of a 4N0X1 equivalent.

- Certification in an MTF approved Cardiopulmonary Resuscitation (CPR) course.

- Experience: Experience performing nursing activities in the care and treatment of patients; operating and maintaining therapeutic equipment; conducting sub-professional portions of physical examinations; or assisting in medical treatment of patients. Have at least 12 months of experience within the last 36 months, in an outpatient clinic setting. Waiver able at the discretion of the MTF.

(End of Addendum to FAR 52.212-2 EVALUATION--COMMERCIAL ITEMS)

52.212-3 – OFFEROR REPRESENTATIONS AND CERTIFICATIONS

52.212-4 - CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2003)

52.212-5 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (DEVIATION)

52.222-50 -- Combating Trafficking in Persons (Mar 2015)

52.223-18 – Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)

52.225.14 - INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT

52.225-25 -- Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications (Dec 2012)

52.232-1 – Payments (Apr. 1984)

52.232-39 – Unenforceability of Unauthorized Obligations (Jun 2013)

52.233-4 -- Applicable Law for Breach of Contract Claim(OCT 2004)

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

52.252-2 – CLAUSES INCORPORATED BY REFERENCE

52.252-6 – AUTHORIZED DEVIATIONS IN CLAUSE

252.201-7000 Contracting Officer's Representative (DEC 1991)

252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013)

252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011)

252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)

252.204-7011 ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011)

252.204-7012 Safeguarding of Unclassified Controlled Technical Information (NOV 2013)

252.204-7015 Disclosure of Information to Litigation Support Contractors (FEB 2014)

252.212.7001 - CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (DEVIATION)

252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)

252.225-7041 - CORRESPONDENCE IN ENGLISH

252.225-7042 - AUTHORIZATION TO PERFORM

252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)

252.229-7001 - TAX RELIEF (JUNE 1997) - ALTERNATE 1

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUNE 2012)

252.232-7006 – WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS

252.232-7008 ASSIGNMENT OF CLAIMS (OVERSEAS) (JUNE 1997)

252.232-7010 Levies on Contract Payments (DEC 2006)

252.233-7001 - CHOICE OF LAW (OVERSEAS)

5352.201-9101 OMBUDSMAN (APR 2014)

5252.223-9000 - ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)

5352.223-9001 - HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)

5352.242-9000 - CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)

5352.242-9001 Common Access Cards (CAC) for Contractor Personnel (NOV 2012)

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Purchase Request Number: F3W4015056A001- Request for Quotation - This document incorporates provisions and clauses in effect through the Federal Acquisition Circular 2005-80. *********************************************************************************************

Requirement:

CLIN 0001:

Licensed Vocational Nurse, for 1920 hours, in accordance with Attachment 1, Statement of Work

Place of Performance: Spangdahlem AB, Germany

Period of Performance: 15 April 2015 – 14 April 2016

Attachment 1

12 March 2015

STATEMENT OF WORK (SOW)

FOR

CERTIFIED NURSE – LPN/LVN AS 4N0X1 EQUIVALENT - OUTPATIENT

SUMMARY OF SERVICES REQUIRED

Assists in the routine patient care and treatment of beneficiaries, to include flying and special operational duty personnel, when required. Organizes the medical environment, performs and directs support activities for outpatient care situations, including contingency operations and disasters.

1 QUALIFICATIONS

1.2 Knowledge. The following knowledge is mandatory. Medical terminology, anatomy and physiology; nursing theory, techniques and procedures; team nursing; patient needs; emergency medical treatment to include cardiopulmonary resuscitation, aseptic technique, medical ethics, and legal aspects; prescription drugs and their administration; operating and maintaining therapeutic equipment, military hygiene and sanitation; risk management, contingency operations, disaster preparedness, and chemical warfare; and transportation of sick and wounded. Vaccination procedures; methods of properly administering intradermal, subcutaneous, and intramuscular injections; allergen identification; composition of various vaccines; mechanisms of anaphylaxis and shock and their treatment; and pharmacology of various drug groups. Knowledge will be verified upon resume submission and interview process.

1.3 EDUCATION: Must have successfully completed all education and training requirements leading to and graduated from an accredited national, state or military equivalent school for Practical Nursing or Vocational Nursing.

4. LICENSE: Must have and maintain throughout course of contract, a current, active, valid, unrestricted license (with no limitations, stipulations or pending adverse actions) to practice as a Licensed Practical Nurse (LPN) or Licensed Vocational Nurse (LVN) from a US jurisdiction. License must be recognized and accepted by the State of practice in accordance with governing regulations.

5. Individuals with a higher level or education or training (e.g. Registered Nurse, Nurse Practitioner) may serve as a 4N0X1(Military Medical Technicians) equivalent and will be considered to meet the requirements of this Position Description with the understanding they will only be performing duties in the capacity of a 4N0X1 equivalent.

6. Certification in an MTF approved Cardiopulmonary Resuscitation (CPR) course.

7. Experience. Experience performing nursing activities in the care and treatment of patients; operating and maintaining therapeutic equipment; conducting sub-professional portions of physical examinations; or assisting in medical treatment of patients.

1. Have at least 12 months of experience within the last 36 months, in an outpatient clinic setting. Waiver able at the discretion of the MTF.

1. SPECIFIC TASKS:

1. Serves as a medical assistant performing patient care and nursing administrative duties for outpatients in accordance with established policies, procedures, protocols, and guidelines.

2. Monitors and records physiological measurements. Orients new patients to the clinic environment.

3. Prepares and positions patients for examinations and treatments

4. Prepares and administers medications under nurse or physician supervision.

5. Frontline preventionist who identifies potential health risks and provides preventive counseling. Performs paraprofessional portions of preventative health assessments and physical examinations. Performs medical records reviews in order to determine medical needs.

6. Establishes and maintains good interpersonal relationships with co-workers, families, peers, and other team members.

7. Performs portions of medical treatment, diagnostic, and therapeutic procedures in accordance with established policies, procedures, and protocols. Records treatment and procedure rendered, and observes effects. Identifies patient problems and accurately notifies nursing team.

8. Adheres to infection control procedures including use of personal protective equipment, disposal of waste, and aseptic technique.

9. Performs central sterile supply duties.

10. Ensures all equipment is properly cleaned and stored at the end of each work shift. Ensures preventive maintenance and routine cleaning are performed as directed.

11. Performs basic life support and triage in emergency situations

12. Performs paraprofessional portions of preventative health assessments and physical examinations when required.

13. Maintains outpatient medical records. Prepares and submits administrative reports.

14. Participates in in-service training and continuing education programs for new procedures, techniques, and equipment.

15. Schedules/attends in-service training in new procedures, techniques, and equipment. Conducts or schedules periodic disaster training, fire drills, and evacuation procedures. Provides medical training to include agencies and personnel other than medical. Training includes areas such as emergency medical technician and self-aid buddy care.

16. Provides required basic life support training.

17. Ensures a safe work environment and employee safe work habits.

18. Other related duties as assigned.

3. General Information:

3.1. Quality Control: The contractor shall provide a complete Quality Control Program (QCP) to ensure the requirements of the contract are provided as specified. The contractor shall provide a QCP describing the inspection system for the requested services listed in the PWS. The contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of unacceptable services. The Contractor’s QC plan must be submitted with their initial proposal to the Contracting Officer for review and acceptance. The contractor shall update the plan as changes occur and changes shall be submitted for review by the Contracting Officer.

3.2. RECOGNIZED HOLIDAYS:

January 1 New Year’s Day

3rd Monday in January Martin Luther King, Jr. Day

3rd Monday in February Washington’s Birthday

Last Monday in May Memorial Day

July 4 Independence Day

1st Monday in September Labor Day

2nd Monday in October Columbus Day

November 11 Veterans Day

4th Thursday in November Thanksgiving Day

December 25 Christmas Day

3.3. Family/Down Days: Typically, a “Family Day/Down Day” is associated with, but not limited to the following holidays: New Year’s Day, July 4th, the day after Thanksgiving, and Christmas Eve. Contract personnel may be required to work these days as directed by the commander. Notification to work Family/Down Days will be provided to the contract employee many days in advance as possible no less than one week’s notice.

3.4. Absence: The contractor shall not be compensated during periods of absences and leave to include both annual and sick leave. Scheduled absences are to be coordinated with Patient Administration Officer a minimum of 2 weeks in advance.

3.4.1. In case of prolonged absences of fourteen (14) calendar days or more, the contractor shall replace the absent employee with another person of equal qualifications.

3.5. Hours of Operation: Clinics have designated operating hours established by the local MTF and clinic policies, and may vary by location (typically 0730-1630) however hours may be modified during surge activities. Required services may be scheduled between the hours of 6:00 a.m. to 7:00 p.m., Monday through Friday. Workdays will generally consist of eight hour days. Services are generally required five days each week (Monday through Friday), excluding U.S. Federal holidays. Hours are subject to change as mutually agreed between the COR and the Contractor, however, the total number of hours will not exceed 40 hours per week. Duty on weekends and outside normal clinic hours may be required based on mission requirements. Lunch periods are not payable periods, but will be coordinated by the assigned MTF supervisor and scheduled with the contract service provider. Commuting time to and from required place of performance is not compensable by the U.S. Government. In no case will overtime be authorized or paid.

3.5. Place of Performance: The work to be performed under this contract will be performed at the 52d Medical Group Main Clinic (Building 550), Spangdahlem Air Base, Germany.

3.7. Dress and Appearance: Contractor personnel shall present a professional, conservative, and neat appearance. Contractor personnel shall report for duty in a professional manner, in appropriate attire befitting a health care setting, and having complied with socially acceptable standards of personal hygiene expected of health care workers.

3.7.1. While on duty, Contractor personnel shall be neat and clean (free from visible dirt and stains), well groomed and appropriately dressed. The personnel’s clothing shall fit correctly to provide a professional, modest appearance, in keeping with normally accepted community standards of dress for the work being performed.

3.7.2. Contractor personnel shall display legible MTF-provided identification media on their outer clothing.

3.7.3. 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.

3.7.4. When required and supplied by the Government, wear special protective clothing and shoe covers. When duties will be performed in specified areas, a disposable protective hood shall be worn to ensure infection control standards are met. These items shall remain the property of the Government and shall not be removed from the MTF. After use, protective clothing shall be turned in or destroyed as directed by the Chief of Service.

3.8 Security Requirements: NATIONAL AGENCY CHECK WITH INQUIRIES (NACI). Since personnel under this contract will have access to critical government information and/or process information requiring protection under the Privacy Act of 1974, these positions are considered Public Trust Positions. Compliance with DoD Directive 5200.2-R, AFI 31-501and Homeland Security Presidential Directive 12 (HSPD-12) is mandatory for these positions. (See 5.1–Applicable Forms and Publications) A back-ground investigation consisting of a National Agency Check with Inquiries (NACI) is required for all personnel 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 initiate and complete a NACI. Background investigation requests for employee will be submitted through the Personnel Security Office, Spangdahlem AB, Germany. Member will be fingerprinted and required to complete the appropriate forms (Standard Form 85P, Questionnaire for Public Trust Positions and OF 306, Declaration for Federal Employment). (See 5.1–Applicable Forms and Publications) The contractor shall advise employee that a favorable suitability determination is required as a condition of employment under this specific contract. The employee shall apply for the NACI prior to start of performance. The government is solely responsible for the cost associated with the initiation, application and completion of the background investigation with exceptions for expenses incurred for Police Checks for “local hire” personnel.

3.8.1 Criminal History Background Check (CHBC): CHBC are required for Contractor personnel involved in the delivery of healthcare to children under the age of 18 on a frequent and regular basis, as stated in Department of Defense Instruction (DoDI) 1402.5, Enclosure 5. (See 5.1 – Applicable Forms and Publications) The Contractor shall ensure that the personnel follows local MTF policy to provide fingerprints on a properly completed Standard Form 87, Fingerprint Card for Federal Employees. (See 5.1 – Applicable Forms and Publications) The procedures for completing the required CHBC are outlined in the DoDI 1402.5. (See 5.1 – Applicable Forms and Publications)

3.8.2 Pending completion of NACI and CHBC: The Contractor personnel may provide contract services prior to completion of background investigation. The Contractor understands that the MTF Commander may allow the Contractor personnel to temporarily occupy sensitive positions pending NACI. The Contractor personnel 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. Pending completion of CHBC the Air Force Surgeon General requires close clinical supervision and full compliance with existing DoD Directives, Instructions, and other guidance on quality assurance, risk management, licensure, personnel orientation and certification verification. The MTF Commander will determine what constitutes “close clinical supervision” for individuals whose NACIs/CHCB are pending, either supervised practice ensuring protection of patients under the age of 18 or line-of-sight supervision (i.e., chaperoned by an individual whose background investigation has been successfully completed) at all times when caring for these patients.

3.8.3 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

3.8.4. Key Control: The Contractor shall establish and implement methods of making sure 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 include key cards. No keys issued to the Contractor by the Government shall be duplicated. The Contractor shall develop procedures covering key control. Such procedures shall include turn-in of any issued keys by personnel who no longer require access to locked areas. The Contractor shall immediately report any occurrences of lost or duplicate keys/key cards to the Contracting Officer Representative.

3.8.5. In the event keys, other than master keys, are lost or duplicated, the Contractor shall, upon direction of the Contracting Officer Representative, 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.

3.8.6. The Contractor shall prohibit the use of Government issued keys/key cards 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 employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

3.9. SPECIAL QUALIFICATIONS: The contractor shall possess the following qualifications:

3.9.1. Candidate must have a high school diploma or GED.

3.9.2. It will be favorable if candidate has a basic knowledge of military healthcare delivery system practices, and provide documentation or resume of experience.

3.9.3. License this is credentialed position (see paragraph 1.3)

3.9.4. Shall maintain competency in Basic Life Support (BLS) certification.

3.9.5 Computer skills required: Shall have basic computer skills and working knowledge of Microsoft Office products such as Word, Excel, and Access. Knowledge will be verified during interview process.

3.10. Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government.

3.11. Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

3.12. Key Personnel: The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0800-1600, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

3.13. Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. Contract personnel will be required to obtain and wear a 52d Medical Group badge in the performance of this service.

3.14. Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

3.15. Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may effect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

3.16 User Manuals: Data for Air Force service requirements must be input at the Air Force CMRA link. However, user manuals for Government personnel and contractors are available at the Army CMRA link at

4 Definitions and Acronyms:

4.1 DEFINITIONS:

4.3 CONTRACTOR: A supplier or vendor awarded a contract to provide specific supplies or service to the Government. The term used in this contract refers to the prime.

4.3 CONTRACTING OFFICER: A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

4.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR): An employee of the U.S. Government appointed by the contracting officer to administer the contract. 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.

4.5 DEFECTIVE SERVICE: A service output that does not meet the standard of performance associated with the Performance Work Statement.

4.6 DELIVERABLE: Anything that can be physically delivered, but may include non-manufactured things such as meeting minutes or reports.

4.7 KEY PERSONNEL: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

4.8 PHYSICAL SECURITY: Actions that prevent the loss or damage of Government property.

4.9 QUALITY ASSURANCE: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

4.10 QUALITY ASSURANCE: Surveillance Plan (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

4.11 QUALITY CONTROL: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

4.12 SUBCONTRACTOR: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

4.13 WORK DAY: The number of hours per day the Contractor provides services in

accordance with the contract.

4.14 WORK WEEK: Monday through Friday, unless specified otherwise.

4.15 ACRONYMS:

AAAHC Accreditation Association for Ambulatory Health Care

ACOR Alternate Contracting Officer's Representative

AFFARS Air Force Federal Acquisition Regulation Supplement

AHLTA Armed Forces Health Longitudinal Technology Application

BLS Basic Life Support

CAC Common Access Card

CCE Contracting Center of Excellence

CFR Code of Federal Regulations

CHCS Composite Health Care System

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTS Commercial-Off-the-Shelf

DAF Department of the Air Force

DD250 Department of Defense Form 250 (Receiving Report)

DD254 Department of Defense Contract Security Requirement List

DFARS Defense Federal Acquisition Regulation Supplement

DMDC Defense Manpower Data Center

ECHO Extended Care Health Option

DoD Department of Defense

EEO Equal Employment Opportunity

EFMP Exceptional Family Member Program

EFMP-M Exceptional Family Member Program-Medical

FAR Federal Acquisition Regulation

FDI Facility Determination Inquiry

FMRC Family Member Relocation Clearance

GSU Geographically Separated Unit

HSI Health Services Inspections

HIPAA Health Insurance Portability and Accountability Act of 1996

ICDB Integrated Clinical Database

KO Contracting Officer

MPF Military Personnel Flight

MSW Masters of Social Work

MPF Military Personnel Flight

MTF Military Treatment Facility

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

PCS Permanent Change of Station

PIPO Phase In/Phase Out

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

QA Quality Assurance

QAP Quality Assurance Program

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

TE Technical Exhibit

5 GOVERNMENT FURNISHED ITEMS AND SERVICES:

5.1 Services: The Government will provide required training for the equipment listed in 3.4 below during the initial facility orientation. The contractor will be required to use the computer systems that are standard for the support of health care delivery at the MTF (i.e. AHLTA, CHCS, etc.).

5.2 Facilities: The Government will provide the necessary workspace for the contractor to provide the support outlined in the PWS to include desk space, telephones, computers, and other items necessary to maintain an office environment.

5.3 Utilities: The Contractor shall instruct employees in utilities conservation practices. The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment. Lights shall be used only in areas where and when work is actually being performed. The clinic is a climate controlled building, therefore mechanical equipment controls for heating, ventilation, and air conditioning systems shall not be adjusted by the contractor or by contractor employees.

5.4 Equipment: The Government will provide computer equipment required to schedule, check in, document, order ancillary services, and maintain appropriate electronic medical information that support the hard copy medical record.

5.5 CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

5.6 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. At a minimum, all health care workers must maintain at the contractor’s expense current certification in either the American Heart Association Basic Life Support (BLS) (Course C) or the American Red Cross CPR/BLS Course.

6. PERFORMANCE OF SERVICES DURING CRISIS:

6.1 In accordance with DFARS 237.76 and unless otherwise directed by an authorized Government representative, it is determined that services as identified in this PWS are NOT essential for performance during a crisis.

6.2 PERFORMANCE OF SERVICES DURING CRISIS:

6.3 In accordance with DFARS 237.76 and unless otherwise directed by an authorized Government representative, it is determined that services as identified in this PWS are NOT essential for performance during a crisis.

9.1. RELEASE OF INFORMATION AND RECORDS MANAGEMENT:

9.2 Only release medical information obtained during the course of this contract to MTF staff involved in the care and treatment of that individual patient.

9.3. Lists and/or names of patients shall not be disclosed or revealed in any way for any use outside the MTF without prior written permission by the Chief of Hospital Services.

9.4. Refer all other requests for records to the Outpatient records center.

9.5. Prepare all documentation/records to meet or exceed established standards of the MTF, to include, but not limited to, timeliness, accuracy, content and signature. Only MTF and Air Force-approved abbreviations shall be used for documentation of the patient health record.

9. 6. Generate and manage IAW DoD 5400-7R, DoD Freedom of Information Act Program, Chapter 4; AFI 33-129, Web Management and Internet Use, paragraphs 7.4, 8.2.3, 16 and 17; and AFI 33-201, Communications Security (COMSEC), Table 1.

9. 7 Mark IAW instructions identified in DoD 5400-7R paragraph C4.2.1. Safeguard all sensitive data IAW DoD Regulation 5400.7/Air Force Supplement, paragraph C4.4.

9.8. When authorized for destruction, shred the records so that the pieces cannot be reconstructed. Degauss or overwrite magnetic tapes or other magnetic media.

9. 9. Patient lists, no matter how developed are FOUO and shall be marked: “FOR OFFICIAL USE ONLY. This document contains information exempt from mandatory disclosure under the Freedom of Information Act (FOIA), Title 5 U.S.C. 552(b) (2) High and (b) (6) apply.”

10.1 Attachment 1 – HIPAA Business Associate Agreement

ATTACHMENT 1

HIPAA BUSINESS ASSOCIATE AGREEMENT

HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) OF 1996

HIPAA is comprised of several different sections, each to be implemented by the Dept. of Health and Human Services. The medical facilities of the military services and the DoD health plans are specifically listed as covered by HIPAA. 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 HIPAA Privacy for DoD medical facilities is set forth in DoD 6025.18-R, and for HIPAA Security, the requirements for AF MTFs are contained in DoD 8580.02-R and AFI 41-217, which also contains additional Information Assurance requirements for all AF MTFs. 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.

IAW these regulations, the Contractor and its personnel 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 personnel 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.

Introduction

(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, DoD 8520.02-R or AFI 41-217.

Individual has the same meaning as the term “individual” in 45 CFR 164.50 1 and 164.103 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 164.501, limited to the information created or received by The Contractor from or on behalf of the Government. 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 164.501 and 164.103. 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 Agreement 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 agrees to 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 agrees to 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 agrees 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 Contract.

(f) The Contractor agrees to report to the Government any security incident involving protected health information of which it becomes aware.

(g) The Contractor agrees to 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 of.

(h) The Contractor agrees to 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 agrees to 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 agrees to provide access, at the request of the Government, and in the time and manner 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 agrees to 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 or an Individual, and in the time and manner designated by the Government.

(l) The Contractor agrees to 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 designated by the Government or the Secretary, for purposes of the Secretary determining the Government's compliance with the Privacy Rule.

(m) The Contractor agrees to 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 agrees to provide to the Government or an Individual, in time and manner 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 Agreement, 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, DoD 6025.18-R, the HIPAA Security Rule, or DoD 8580.02-R if done by the Government.

Specific Use and Disclosure Provisions

(a) Except as otherwise limited in this Agreement, 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 Agreement, 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 Agreement, 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) Upon request the Government shall provide the Contractor with the notice of privacy practices that the

Government produces in accordance with 45 CFR 164.520, as well as any changes to such notice.

(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.

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, DoD 6025.18R, the HIPAA Security Rule, or 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.

a. 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.

b. If this contract does not have records management requirements, except as provided in paragraph (c) 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.

c. 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, HIPAA Privacy Regulation or DoD 8580.02-R, HIPAA Security Regulation, or any CFR or AFI provision means the section as 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, the CFR HIPAA Privacy Rule, DoD 8520.02-R, the CFR HIPAA Security Rule

and AFI 41-217.

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