Amend 02
48
AM ENDM ENT O F SO LIC ITA TIO N/M O D IFICA TIO N O F C O NTRACT Exceptasprovided herein, alltermsand conditions of the documentreferenced in Item 9A or10A , asheretoforechanged, rem ains unchanged and in fullforceand effect. 15A .N A M E A N D T IT LE O F SIGN ER (T ype orprint) 30-105-04 EX CEPT IO N T O SF 30 APPROVED BY OIRM 11-84 STANDARD FORM 30 (Rev.10-83) Prescribed by GSA FA R (48 CFR)53.243 The purpose ofthis am endm entis to provide w ritten answ ers to the questions received regarding solicitation N62645-09-R-0021 forDental A ssistants. A dditional changes have been m ade. Please see continuation page. 1. CO N TRA C T ID CO D E PA G E O F PAGES J 1 31 16A .N A M E A N D T IT LE O F CO N T RA CT IN G O FFICER (T ype orprint) 16C.D A T E SIGN ED BY 13-A ug-2009 16B.U N IT ED ST A T ES O F A M ERICA 15C.D A T E SIGN ED 15B.CO N T RA CT O R/O FFERO R (Signature ofContracting O fficer) (Signature ofperson authorized to sign) 8.N A M E AND ADDRESS OF CONTRACTOR (N o.,Street,County,State and Zip Code) X N62645-09-R-0021 X 9B.D A T ED (SEE IT EM 11) 17-Jul-2009 10B.DATED (SEE IT EM 13) 9A .A M ENDM EN T O F SO LICIT A T IO N N O . 11.T H IS ITEM ONLY APPLIES TO AM ENDM ENT S O F SO LICITA T ION S X Theabovenumbered solicitation is amended assetforth in Item 14. The hourand datespecified forreceiptof O ffer isextended, X isnotextended. O ffermustacknow ledge receiptof thisamendmentpriorto the hourand date specified in thesolicitation orasam ended by one of the follow ing methods: (a)B y com pleting Items 8 and 15, and returning 1 copiesof theam endment;(b)By acknow ledging receiptof thisamendmenton each copy of the offersubmitted; or(c)By separateletterortelegram w hich includes areferenceto the solicitation and am endmentnum bers. FA ILU RE O F Y O U R A CK N O W LED G M EN T TO BE RECEIVED A T TH E PLA CE D ESIG N A TED FO R TH E RECEIPT O F O FFER S PR IO R TO TH E H O U R A N D D A TE SPEC IFIE D M A Y RESU LT IN RE JECTIO N O F Y O U R O FFER. If by virtue of thisamendmentyou desire to changean offeralready submitted, such changem ay bem ade by telegram orletter, provided each telegram orlettermakesreference to the solicitation and this am endment, and isreceived priorto the opening hourand datespecified. 12.A CCO U N T IN G A N D A PPRO PRIA T IO N D A T A (Ifrequired) 13.TH IS IT EM APPLIES ONLY TO M O D IFICA T IO N S O F CO N T RA CT S/O RD ERS. IT M O D IFIES T H E CO N T RA CT /O RD ER N O .A S D ESCRIBED IN IT EM 14. A .T H IS CH A N GE O RD ER IS ISSU ED PU RSU A N T T O : (Specify authority)T H E CH A N GES SET FO RT H IN IT EM 14 A RE M A D E IN T H E CONTRACT ORDER NO.IN ITEM 10A . B.THE ABOVE NUM BERED CONTRACT/ORDER IS M ODIFIED TO REFLECT THE ADM IN IST RA T IVE CH A N GES (such aschangesin paying office,appropriation date,etc.)SET FO RT H IN IT EM 14,PU RSU A N T T O T H E A U T H O RIT Y O F FA R 43.103(B). C.T H IS SU PPLEM ENTAL AGREEM ENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D .O T H ER (Specify type ofm odification and authority) E.IM PO RT A N T : Contractor isnot, isrequired to sign thisdocum entand return copiesto the issuing office. 14.D ESCRIPT IO N O F A M ENDM ENT/M ODIFICATION (O rganized by U CF section headings,including solicitation/contractsubjectm atter where feasible.) 10A .M O D .O F CO N T RA CT /O RD ER N O . 0002 2. A M EN D M EN T/M O D IFIC A TIO N N O . 5. PR O JEC T N O .(If applicable) 6. ISSU ED BY 3. EFFECTIVE D A TE 13-A ug-2009 CODE N AVAL M ED IC AL LO G ISTIC S C O M M AN D 693 N EIM AN STREET FO RT D ETR IC K M D 21702 N62645 7. A D M IN ISTE RE D BY (If otherthan item 6) 4. RE Q U ISITIO N /PU RCH A SE REQ . N O. CODE S ee Item 6 FA CILIT Y CO D E CODE EM AIL: TEL:
description
Transcript of Amend 02
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83)Prescribed by GSAFAR (48 CFR) 53.243
The purpose of this amendment is to provide w ritten answ ers to the questions received regarding solicitation N62645-09-R-0021 for Dental Assistants. Additional changes have been made. Please see continuation page.
1. CONTRACT ID CODE PAGE OF PAGES
J 1 31
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 13-Aug-2009
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N62645-09-R-0021
X 9B. DATED (SEE ITEM 11)17-Jul-2009
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
0002
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
13-Aug-2009
CODE
NAVAL MEDICAL LOGISTICS COMMAND693 NEIMAN STREETFORT DETRICK MD 21702
N62645 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
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SECTION SF 30 BLOCK 14 CONTINUATION PAGE SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text: QUESTIONS AND ANSWERSQuestions and Answers regarding the Northeast DA SATO N62645-09-R-0021
1. Question: Would you have any additional information (such as job start date, and a list of cities) for this position?Answer: Please refer to Section F of the RFP which addresses periods of performance and Places of Performance. 2. Question: What is the size standard for the Dental Assistants Northeast Region Solicitation Number: N62645-09-R-0021 opportunity? Answer: Please refer to Section A of the RFP, Note 4 which states “The Small Business Administration (SBA) size standard for the NAICS code 621210 is $7.0M.”
3. Question: In our efforts to prepare in advance for this bid, can you confirm that this is a recompete? Answer: These services for dental assistants and other dental services have been provided through the following contracts: N62645-05-D-5024 (Cherokee), N62645-05-D-5025 (Mid America Health), N62645-05-D-5026 (OMO Group), N62645-06-D-5048 (DPS), N62645-06-D-5049 (MedTemps), N62645-06-D-5050 (OMO Group), N6245-06-D-0003 (DPS), N62645-06-D-0004 (RLM Services), N62645-06-D-0005 (Arora Group), N62645-06-D-0006 (Saratoga), N62645-06-D-0007 (OMO Group).
4. Question: Can you confirm that this is a recompete and if so, can you provide the contract number and the current provider(s)? And if you can, contract value? Answer: Please refer to question #3 regarding the current provider(s). Award values on these contracts can be obtained through the Federal Procurement Data System (FPDS-NG). Their web site is https://www.fpds.gov.
5. Question: Are you able to provide an estimate as to the number of FTEs typically required in a year for this contract? Are they dispersed fairly evenly across all Navy medical facilities listed in the synopsis?Answer: Please refer to Section B of the RFP, which lists the minimum and maximum quantities by year and location.
6. Question: Is this requirement a new effort, or is it a follow-on to an existing contract? If it is a follow-on, can you please provide the incumbent name and contract # so that I can look it up in FPDS?Answer: Please refer to question #3. 7. Question: Is there an incumbent on an existing contract now? Who is the incumbent? Are you happy with the job they are doing? If not, what would you like to see changed?Answer: Please refer to question #3 for the information regarding incumbents. Regarding your other two questions “Are you happy with the job they are doing?” and “If not, what would you like to see changed?”: We are unable to provide answers for them as they deal with Past Performance information, which is proprietary information.
8. Question: Do you have an estimate on the number of Dental Assistants needed for either region?Answer: Please refer to question #5.
9. Question: Will there be an option period in addition to the five year period?Answer: There will be no option periods in addition to the five year period.
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10. Question: Do you have a value of the contract?Answer: The value of the contract resulting from this solicitation is not to exceed $100 million.
11. Question: Is this a consolidated contract or is this a multiple award? Answer: The Government intends to issue a single indefinite delivery/indefinite quantity (IDIQ) contract.
12. Question: Is there one incumbent or many? Who is it (or they?) Answer: Please refer to question #3.
13. Question: What is the value of the contract?Answer: Please refer to question #10.
14. Question: Will past performance include specific experience with dental assistants or is related experience with volume of placements acceptable?Answer: Please refer to Section L.3.1, which addresses Past Performance Proposal Evaluation, including the following information: “The Past Performance and Technical Evaluation Team will first evaluate the offeror's Past Performance information to determine whether the company has relevant Past Performance. In doing so the Team will examine the age of the previous/current contracts, the range of labor categories provided, the clinical settings in which the Past Performance occurred, and the numbers of personnel provided.”
15. Question: Is it a personal service contract?Answer: Yes, see Section C.2.1.
16. Question: If teaming should the other company be a small business as well? Answer: To be eligible for award the successful offeror must be a small business under the size standard $7.0M corresponding with NAICS code 621210. See also Sections I and K of the RFP for applicable provisions and clauses.
17. Question: Do you know if there will be other Presolicitations to follow for other Regions in the country? If so what role can my company play in positioning itself? Answer: Many NAVMEDLOGCOM contracting opportunities are announced via FEDBIZOPPS and posted on our web site: http://www.nmlc.med.navy.mil/DBU-Overview.asp.
18. Question: Also, it is known yet how many dental assistants will be needed? And lastly, is there an incumbent? Answer: Please refer to question #5 regarding the number of Dental Assistants needed and to question #3 regarding the incumbent.
19. Question: Could you please tell me if there are incumbents and if so who are they for the following solicitations: N62645-09-R-0021: Dental Assistants Northeast Region. Answer: Please refer to question #3.
20. Question: Our references are having trouble making pdf file scans of the questionnaires. Do you have an alternate method for submittal of those?Answer: Reference questionnaires should be submitted as outlined in Section L.2.2.(a)(2).
21. Question: Who is the current contractor(s) providing services?Answer: Please refer to question #3.
22. Question: Has there been any increase since the last contract rewarded from the current pricing guides included in the RFP?Answer: Prices were current as of solicitation preparation.
23. Question: What form of documentation is required for HCW's time slip/recording hours? Is there a time clock or computer sign in system that will be used?
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Answer: The Government will track hours worked by the HCW per local procedures, which may include timesheets, sign-in/sign-out sheets, etc. It is the contractor’s responsibility to determine how and when it obtains this information from the HCW.
24. Question: How does the percentage discount for prompt payment work? Is there a reference for this?Answer: Please see Section I of the RFP, FAR 52.232-8 and 52.232-25.
25. Question: What is the standard net terms for payment?Answer: Terms are net 30 days. See Section I of the RFP, FAR 52.232-25.
26. Question: Is there any specific reason for the award to be given to one company versus the existing contract?Answer: The Government has determined use of Single Award Task Order (SATO) Indefinite Delivery/Indefinite Quantity (IDIQ) contract will best meet the requirements for this single labor category.
27. Question: I was wondering if there is an incumbent contractor for this opportunity.Answer: Please refer to question #3.
28. Question: Can the Past Performance questionnaires that were submitted by our contacts for solicitation N62645-09-R-0010 (SE Dental Assistants) be utilized for this procurement or do we need to ask for new questionnaires to be completed? Our contacts are the same in most instances.Answer: Reference questionnaires should be submitted as outlined in Section L.2.2.(a)(2).
29. Question: Regarding Letters of Recommendation - “8.1.2. Provide two letters of recommendation from either practicing dentists or, if the HCW graduated from a dental training program within the preceding 12 months, letters may be provided by faculty members where the HCW received his/her dental assistant training. The letters must attest to the HCW’s clinical skills, patient rapport, etc. Recommendation letters must include name, title, phone number, date of reference, address and signature of individual providing the letter. Letters must have been written within the preceding three years.”
The requirement for letters from 2 dentists may be difficult, should an assistant only work for one dentist. The above requirement does not allow for another source, ie; school, previous employer..as allowed under the current Mid-Atlantic MATO:
“11.3.2. Provide three letters of recommendation, at least two of which must be from either practicing dentists or faculty members where the HCW received his/her dental assistant training. The letters must attest to the HCW’s clinical skills, patient rapport, etc. Recommendation letters must include name, title, phone number, date of reference, address and signature of individual providing the letter. The third letter may be from a previous employer. Reference letters must have been written within the preceding three years.”
Could a waiver be requested for this requirement?
Answer: A waiver may be requested. Please note that Section C.8.1.2 allows for reference letters from faculty members where the HCW received his/her dental assistant training if the HCW graduated from a dental training program within the preceding 12 months.
30. Question: Does the potential vendor have to provide services for all states listed on the bid? Or, Can the potential vendor provide services to a portion of the states listed on the bid?Answer: The Government intends to make a single award. The resultant contract may require provision of services in any of the states within the scope of the contract (see Section B.5 of the RFP). The proposal shall address all locations and quantities; please refer to Section L. The offeror shall submit pricing and supplemental pricing for each individual SLIN identified in Section B of the RFP; please refer to Section L.2.4.(4).
31. Question: I was wondering if there is an incumbent for this opportunity, and if so, who would it be? Answer: Please refer to question #3.
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32. Question: Attachment BE contains some Task Orders which have expired. Can you provide the Period of Performance for each order?Answer: Attachment BE of the RFP contains Wage Determination WD 05-2543 (Rev.-10). Attachment BF of the RFP contains information on current task orders at the time of solicitation preparation. Performance periods for these task orders can be obtained through the Federal Procurement Data System (FPDS-NG). Their website is https://www.fpds.gov. 33. Question: Section C.3.11.1 Indicates a full-time healthcare worker will receive 10 paid federal holidays. Attachments BA, BB, and BD indicate the HCW is to receive eleven paid federal holidays and include Good Friday as a holiday. The three locations affected are Groton CT, Newport RI, and Earle NJ. Will these facilities be closed on Good Friday, and if not, support this as a day off for the HCWs? Answer: It is unknown whether these facilities will be closed for Good Friday. Section C paragraph 3.11.1.1. has been added to address the additional holiday as mentioned in the Wage Determinations. 34. Question: The Attachment AF, Supplemental Pricing Worksheet Sample: is the government using this form to confirm compliance with the DOL Wage Determination Health and Welfare designated amount?Answer: The supplemental pricing worksheet will be used to evaluate realism in accordance with the requirements of Section L, which includes evaluation of proposed health care worker compensation for compliance with the hourly rate and health and welfare prescribed by the applicable wage determination.
35. Question: Are there any incumbents? If so, please provide the hourly billable rates. If so, how many FTEs are currently being filled by the incumbent contractor? Answer: Please see question #3 regarding the current provider(s). For task order prices, refer to Attachment BF of the RFP. The number of FTEs currently being filled by the incumbent contractor speaks to the contractor’s fill rates, which is past performance proprietary information. The successful contractor is expected to provide a fill rate of 100%.
36. Question: Are any incumbent employees covered by collective bargaining agreements? If so, please provide the terms of those agreements. Answer: In conducting your market research you should be able to make this determination.
37. Question: Who is the incumbent contractor? Answer: Please refer to question #3.
38. Question: In reference to the minimum compensation as defined on page 131 of the solicitation # N62645-09-R-0021, do the offerors have to comply with the modified 'Wage Determination' provided as attachments for the Dental Assistants? If the answer is 'Yes' then what is the purpose of asking for ' Minimum compensation', as 'Wage Determination' becomes the governing minimum wage requirement under DOL laws. If the answer is 'NO' then what is the purpose of attaching the Wage Determination for each geographical Locations/DTF/MTF? Please Clarify?Answer: This solicitation will result in a contract for the provision of services, and the contractor will be responsible for complying with the applicable wage determination. The Government has found that the health care services market as described by the solicitation may reflect rates and benefits different from the hourly rate and health and welfare prescribed by the wage determination. Therefore, the Government requests minimum compensation rates to evaluate Realism as described in Section L.3.3.c.; see also Attachment AF of the RFP. 39. Question: In reference to the Fringe Benefits - Health and Welfare as defined on page 131, again do the offerors have to comply with DOL requirements for H & W fringe benefits as specified in the attached Wage Determination for Dental Assistants? Please explain if your answer is 'Yes' or 'NO'.Answer: Please refer to question #38.
40. Question: Please provide the name of the incumbent(s) for this contract with their base and option years prices or task orders prices.Answer: Please see question #3 regarding the current providers. See Attachment BF of the RFP for Task Order Prices.
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41. Question: Are multiple contract awards anticipated as resultant to this solicitation?Answer: No, the Government intends to make a single award. Please refer to Section B.2 of the RFP. 42. Question: We did not find any requirements for the added states as indicated in the updates/amendments posted on FedBizOpp Website?Answer: All states listed are considered within the scope of the contract. Please refer to Section B of the RFP which lists the Minimum and Maximum quantities.
43. Question: Will Task orders be competed among awardees in case of multiple awards? Answer: Please refer to question #41.
44. Question: Can we provide services to some of the States listed on this bid can we still respond? Answer: Please refer to question #30.
45. Question: Page 5 referencing one of the Wage Determinations incorporated for this solicitation to establish that this is a SCA contract. (OFFEROR) is questioning the language in Section 3 as it relates to the SCA. SCA spells out the vacation due an employee and the stipulation in Section 3 is well beyond the SCA requirements. Answer: This solicitation will result in a contract for the provision of services, and the contractor will be responsible for complying with applicable wage determination. Health care workers will accrue leave under the contract in accordance with Section C.3.1. Per Section C.5, the Government will compensate the Contractor for periods of authorized absence, and the Contractor shall, in turn, compensate the health care workers for periods of authorized absence. The contractor is not prohibited from providing additional leave to the health care workers.
46. Question: (OFFEROR) is also questioning the Compensatory Time requirement. It is our understanding from DCAA that compensatory time is not allowed for contractor employees. (OFFEROR) would appreciate any guidance as to how we should handle these specialized requirements.Answer: Instances in which services are provided in excess of the scheduled shift (as described in Section C.12.2) occur infrequently. The contractor is responsible for complying with applicable labor laws. The Government will grant compensatory time as stated in Section C.12.2.
47. Question: Is the list of three contract points of contact, or references, included in the maximum five pages of Volume I, or does the text below refer to the actual questionnaires, which will be sent directly to you? " (3) The sum total of the pages submitted for Volume I (Past Performance) SHALL NOT EXCEED 5 PAGES, excluding a cover letter, reference questionnaires, and letter(s) of consent. The sum total of the pages submitted for Volume II (Management Planning and Market Research) SHALL NOT EXCEED 10 PAGES, excluding a cover letter." Answer: The required list of references is excluded. Section L.2.5.c(3) has been updated.
48. Question: We have already sent questionnaires to our points of contact and I have a confirmation from some that they have already responded. Is the old form acceptable?Answer: Submission of Attachment BG as included in either the RFP or Amendment 0001 of the RFP is acceptable. SUMMARY OF CHANGESSUMMARY OF CHANGES
1. Added Section C paragraph 3.11.1.1 to address locations with 11 holidays.
2. Updated Section L.2.5.C.(3) to amend excluded items in sum total of pages allowed in Volume I.
3. Updated Attachment BD to reflect updated wage determination.
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SECTION C - DESCRIPTIONS AND SPECIFICATIONS
The following have been modified: STATEMENT OF WORKNOTE 1: The use of Commanding Officer means: Commanding Officer (CO) or other activity head, or a designated representative, e.g., Contracting Officer’s Representative(s) (COR) or Department Head, of the activity designated in a particular task order.
NOTE 2: The term contractor means the offeror identified in block 15A on the SF33 or block 7 on the SF26 and its health care workers who are providing services under the contract.
NOTE 3: The term health care worker (HCW) refers to the individual(s) providing services under the contract.
NOTE 4: The term DTF/MTF refers to the Dental/Military Treatment Facility or other Federal Medical Treatment Facility at which services are performed.
STATEMENT OF WORK
1. The offeror shall provide, in accordance with Section B, comprehensive Dental Assistant Services in support of DTF/MTFs. The specific statements of work are contained in Section J, Attachment AH through AV.
1.1. The Contractor shall provide health care personnel in accordance with the terms and conditions of the contract and each task order issued under the contract.
1.2. Contractor services shall be provided for the treatment of active duty military personnel, their dependents, eligible Department of Defense civilian employees, and other eligible beneficiaries, designated by the Government.
2. SUITS ARISING OUT OF MEDICAL MALPRACTICE
2.1. The HCWs are serving at the DTF/MTF under a personal services contract 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 HCWs based on negligent or wrongful acts or omissions incident to performance within the scope of the contract.
2.2. The HCWs are not required to maintain medical malpractice liability insurance. In the event of a claim or lawsuit relating to a HCW’s performance of duties under the contract, the parties shall follow the procedures established in SECNAVINST 6300.3A, a copy of which can be viewed at http://doni.daps.dla.mil/default.aspx. 2.3. HCWs providing services under the 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 HCW receives technical guidance, direction, and approval with regard to a task(s) within the requirements of the contract.
3. SCHEDULES, ABSENCES, AND LEAVE. Each task order will specify the work schedule of each HCW. The Government will administer the leave provisions in this Section.
3.1. Eight hours of personal leave are accrued by each HCW at the end of every 80 hour period worked, unless conditions specified in Section C.3.11.2 or C.3.11.3, below, apply. The HCW shall be compensated by the government for these periods of authorized planned absence. This leave shall be used for both planned (vacation) and unplanned (sickness) absences. The specific work schedule for an individual HCW who accrues leave will be
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scheduled in advance by the supervisor (or designee) specified in the task order. Any changes in the schedule shall be coordinated between the individual HCW and the Government.
3.2. Each HCW shall adhere to DTF/MTF/supervisor policies and procedures for requesting leave, including requirements for advance notice. Requests by HCWs for taking accrued leave are subject to approval by the supervisor (or designee).
3.3. Unless otherwise negotiated among the Contracting Officer, the DTF/MTF and the contractor as specified in this contract or applicable task order, the DTF/MTF shall administer a HCW’s leave in accordance with the guidelines for Federal civil service employees. These guidelines relate to, among other topics, annual leave, administrative leave, Leave Without Pay (LWOP), and holidays.
3.4. Contractors and HCWs shall ensure that leave requests are provided with sufficient time in advance to allow the supervisor to appropriately plan for adequate staffing levels. All accrued leave shall be used within 90 days following the completion of a 12-month Task Order if services under that Task Order are continued. If services are not to be continued, all accrued leave shall be either used by the end of the Task Order period or forfeited. If personal leave is carried over beyond the completion date of the Task Order (i.e. to be used in the subsequent 90 days), the Government reserves the right to require the HCW to provide the COR with a schedule for the use of that leave not later than the first workday of the follow-on Task Order. HCWs are not permitted to carry leave accrued under this contract to another contract. HCWs shall not presume that their leave schedule has been approved unless notified, in writing, by the COR. The Government will make every effort to accommodate all leave requests; however, the Commanding Officer reserves the right to unilaterally deny these leave requests to meet the demand for patient care.
3.5. The Government will compensate the Contractor for periods of authorized absence. The Contractor shall, in turn, compensate the HCWs for periods of authorized absence.
3.6. If the HCW is absent for 3 or more consecutive unplanned days, the Commanding Officer may require written documentation from a qualified health care provider that the HCW is free from communicable disease. The Government reserves the right to examine and/or re-examine any HCW who meets this criterion.
3.7. At the discretion of the Commanding Officer and subject to the advance approval by the supervisor, COR, and the contractor, the HCW shall enter a LWOP status upon exhaustion of any leave balance. Unless waived by the Contracting Officer, the Contractor shall replace any HCW who has been on LWOP status for a total of 40 hours per task order. At the discretion of the Commanding Officer, LWOP taken in conjunction with family or medical leave is not subject to this limitation, but must be approved in advance by the Commanding Officer or designee.
3.8. Upon request, up to 12 weeks of family or medical leave, accrued leave plus LWOP, may be granted to the HCW if the circumstances specified in the Family and Medical Leave Act (FMLA), Sec 102, apply.
3.9. During DTF/MTF check-in processing, HCWs shall report their reserve status to the DTF/MTF COR. Documented military leave for military reservists may be allowed, not to exceed 15 days per fiscal year, in accordance with 5 U.S.C. 6323(a). This leave may be taken intermittently, i.e., 1 day at a time, and may be carried over into the next fiscal year provided there is a task order in place to allow for this. Military reservists who perform full-time military service as a result of a call or order to active duty in support of a contingency operation may take up to 22 days per calendar year of military leave, in accordance with 5 U.S.C. 6323(b). Documented military leave taken in accordance with 5 U.S.C. 6323(a) and (b) is compensated leave. HCWs shall follow the policy of the DTF/MTF with respect to notification of scheduled military duties to the Commanding Officer.
3.10. Administrative leave may be granted for any HCWs selected to serve jury duty. Requests for administrative jury duty leave shall be submitted to the Commanding Officer in the same manner as planned leave is requested. The HCWs are required to provide the Commanding Officer with as much written notice as possible prior to reporting for jury duty, and is responsible for supplying documentation regarding the necessity for and length of absence for jury duty. An HCW whose position is deemed critical by the Commanding Officer may be issued a written request for the court to excuse the HCW from jury duty. The HCW shall be compensated by the Contractor
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for these periods of authorized administrative leave. No individual HCW will be granted more than 15 days of administrative leave for jury duty per year; in those instances where a HCW who accrues leave is anticipated to be in jury duty status in excess of 15 days, the Contractor shall provide a replacement worker.
3.11. Holidays. Generally, services shall not be required on Federally established holidays. Compensation for holidays will be managed as follows:
3.11.1. Full-time HCWs. Each full-time individual HCW who accrues leave will also accrue a maximum of 80 hours of paid holiday leave per full year of performance (based on 10 holidays multiplied by 8 hours each), subject to change based on Executive Orders that have the effect of adding an additional holiday. HCWs will not accrue a total holiday benefit greater than 80 hours as a result of normally working shifts greater than 8 hours. The only exception to the 80 hour limitation is for implementation of local alternate work schedule procedures or as a result of an Executive Order. If additional Federal holidays are created as a result of an Executive Order, the additional leave benefit shall also be extended to the HCW. The Government will compensate the Contractor for the number of hours the HCW is normally scheduled to work on the day on which holiday is observed. The Contractor shall fully compensate the HCW for the number of hours the HCW is normally scheduled to work on the holiday observance. A HCW who is not normally scheduled for duty on the day a holiday is observed will not be compensated for the holiday. For example, a HCW who works 10 hours per day, Tuesday through Friday, will not receive compensation for a Monday holiday, since the HCW is not normally scheduled to work on Mondays. The Government supervisor will review, and approve on a case-by-case basis, HCW requests for schedule changes. The Government supervisor will approve the requests as appropriate to the circumstance. If the Government requires the services of a HCW who is not normally scheduled to work on a day of a holiday observance, the Government will compensate the Contractor for the hours worked, and the HCW will receive compensatory time equal to the number of hours worked on the holiday.
3.11.1.1. The Department of Labor Wage Determination for certain locations dictates the provision of 11 holidays vice the 10 holidays specified under paragraph C.3.11.1. For those locations identified in Attachments BA, BB and BD, the HCWs shall receive an additional compensated holiday, Good Friday. Provisions for holidays provided in paragraph C.3.11.1 shall apply.
3.11.2. Part-time individual HCWs who accrue leave. Part-time HCWs who work 40 hours per two week period or more shall receive a leave benefit. Each part-time individual HCW who accrues leave will also accrue a paid holiday leave benefit proportional to their paid performance requirement (e.g., a half-time worker will accrue 40 hours of holiday benefit per full year of performance). The specific holidays for which the benefit will be applied shall be a matter coordinated among the HCW, his/her supervisor, and the COR. The scheduling, payment, and compensatory time principles discussed above for full-time HCWs shall apply. If additional Federal holidays are created as a result of an Executive Order, the additional leave benefit shall also be extended to the HCW.
3.11.3. Part-time HCWs who do not accrue leave. Part-time HCWs who work less than 40 hours per two week period shall not receive a leave benefit. Part-time HCWs who do not accrue leave also do not accrue a holiday benefit. The Government will compensate the Contractor only for the number of hours the HCW actually works.
3.11.4. All accrued leave shall be forfeited without compensation or reimbursement at the expiration or termination of a task order or the contract or at the voluntary or involuntary separation of a HCW. The only exception to this is when a follow on Task Order is issued in accordance with C.3.4., above. In the event that the HCW gives notice of employment termination, all accrued leave must be used within that notice period, or forfeited. The Government will not extend the HCW’s termination date to accommodate unused leave balances. In the event of Government termination of services, HCWs’ accrued leave must be used within that notice period, or forfeited.
3.12. Compensatory Time.
3.12.1. Compensatory time earned as part of an incentive program (see Section C.5.12) shall be used in accordance with that incentive program and may or may not be subject to this requirement. Such incentive plans will be part of the Task Order.
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3.12.2. In the instance where the Government directs a HCW 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 HCWs shall remain on duty. The HCW will be given an equal amount of compensatory time to be scheduled upon mutual agreement of the HCW and the Supervisor. 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.
3.12.3. Compensatory Time must be approved prior to use. If compensatory time is either approved by the Government or specifically permitted in individual task orders, compensatory time shall be used within the same invoice period that it is earned unless the Commanding Officer prospectively approves leave carry over. Compensatory time will be scheduled at the mutual agreement of the Government and the HCW.
3.12.4. In all cases, compensatory time earned in one Task Order period cannot be carried over to another Task Order period. Upon (a) termination of the employment of an HCW or, (b) an HCW changing their employer from one Contractor to another Contractor or, (c) the loss of employment as a result of the Government’s decision to discontinue services provided under the Task Order, all unused compensatory time will be lost.
3.13. Administrative Leave. For unusual and compelling circumstances (e.g., weather emergencies) in which the Commanding Officer either excuses all facility personnel from reporting to work or dismisses all personnel early, the Commanding Officer is authorized to grant administrative leave to the HCWs. This administrative leave may be compensated leave. Personnel who occupy “essential” positions may be required to remain on duty or return to the DTF/MTF in order to maintain continuity of patient care services.
3.14. Furlough. Unless otherwise authorized by a defense appropriations bill, contractors shall not be reimbursed by the Government for services not rendered during a Government furlough. In the event of a Government furlough, the Commanding Officer will determine which HCWs are considered critical and therefore must report to work. Contract employees deemed critical shall be compensated for services rendered during a furlough. All other HCWs shall be furloughed until the Government shutdown ends or they are notified by the COR that they have become critical employees.
3.15. An HCW with a bona fide medical emergency occurring while on duty, or with an on-the-job injury, will be provided stabilizing medical care according to the procedures of the DTF/MTF. The Contractor shall reimburse the Government for all medical services provided unless the HCW is otherwise entitled to Government medical services.
3.16 HCWs may receive one compensated work break in the morning and one in the afternoon, workload permitting, at the discretion of the Government. Neither break shall exceed 15 minutes or be taken with the intention of extending the lunch break or departing before the end of the HCW’s scheduled shift.
3.17. Continuing Education. The Commanding Officer may also grant authorization for planned absences to allow the HCWs to attend continuing education courses. This is in addition to the planned and unplanned absences specified above. The Government may compensate the HCWs for these periods of authorized absence if the continuing education course(s) are determined to be a necessary expense by the government. This determination will be made on a case by case basis, weighing the costs associated with the training of Contractor personnel against the benefit gained by the Government in support of the appropriation that will incur the expense. This compensation will not exceed 40 hours per 12 month Task Order, equivalently apportioned for part-time employees and/or partial year Task Orders. The Commanding Officer may also advance leave for continuing education.
3.17.1. Unless authorized in advance, the Government will not reimburse the Contractor or HCWs for the cost of any training and/or other related expenses (travel). If authorized, the Contractor shall be compensated for those expenses deemed reasonable using the Travel/Training Contract Line Item Numbers in Section B, CLINs 1001 – 1006. The HCWs shall provide proof of attendance and successful completion of continuing education to the Commanding Officer upon request. Additional information on travel reimbursement can be found in Section C.11.
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3.17.2. The Contractor shall submit an invoice in accordance with Wide Area Work Flow (WAWF) instructions itemizing expenses in amounts allowable by the COR. See Section G.
3.17.3. All reimbursements will be retrospective, payable only upon presentation of a properly prepared invoice (as specified by the facility) to the COR. The Government shall reimburse the Contractor only for actual training costs incurred, and any authorized travel expenses deemed reasonable.
3.17.4. The Government reserves the right to require additional documentation, including memoranda from the HCW obtaining the training.
3.17.5. Such training shall not be conducted prior to the appropriate funding being applied to CLINs 1001 – 1006 through a task order.
3.18. Due to the nature of medical personal services which require Government supervision of contract HCWs, the need for HCWs to access automated information systems (CHCS/AHLTA), and because patients present only at the DTF/MTF, HCWs providing services under this contract will not be allowed to telecommute.
4. FAILURE AND/OR INABILITY TO PERFORM
4.1. Should a HCW who accrues leave in accordance with section C.3.1 be unable to perform duties under any Task Order due to medical or physical disability for more than 13 consecutive days, that individual’s performance under the Task Order may be suspended by the Contracting Officer until such medical or physical disability is resolved. If performance under the Task Order is so suspended, no reimbursement shall be made to the Contractor for the affected HCW so long as performance is suspended.
4.2. Any HCW demonstrating impaired judgment will be removed from providing health care services. The Government reserves the right to remove any HCW employee who, in the judgment of a licensed physician, is impaired by drugs or alcohol.
4.3. Any HCW with alcohol or drug abuse problems may be allowed to return to work under the terms of the contract only with prior Government approval.
5. GENERAL PROVISIONS FOR HCWs
5.1. HCWs shall comply with Executive Order 12731, October 17, 1990 (55 Fed. Reg. 42547), Principles of Ethical Conduct for Government Officers and Employees, and shall also comply with Department of Defense (DOD) and other government regulations implementing this Executive Order.
5.2. HCWs shall become acquainted with and obey all station regulations, shall perform in a manner to preclude the waste of utilities, and shall not use Government resources (i.e. copiers, telephone, and computers, etc) for personal business. All motor vehicles operated on these installations by HCWs shall be registered with the base security service according to applicable directives. Eating by HCWs is prohibited in patient care areas/clinics and is restricted to designated areas. Smoking is prohibited in all clinic facilities.
5.3. The contractor and all HCWs shall comply with all DTF/MTF checkout processes. These processes include returning government property, i.e., identification badges, pagers, cellular phones, etc., to the DTF/MTF upon a HCW’s last day of service. Failure to do so promptly may result in delay of payment to the contractor.
5.4. Except as provided in this clause and in section H, HCWs are not prohibited from conducting a private practice of their professions or from engaging in other employment. However, the HCWs shall not, simultaneously with performance under the contract, engage in other employment that creates a conflict of interest, violates federal law (see Section H.3), or potentially compromises the quality of their work under the contract. Further, such private practice or other employment shall not be conducted during those hours in which the HCW is required to render services under the contract. HCWs shall make no use of the Government facilities or property provided under the
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contract in connection with other employment. (NAVMED P-117, Chapter 1, Article 1-22 applies (<http://navymedicine.med.navy.mil/default.cfm?selTab=Directives>)).
5.5. HCWs providing services under the contract shall arrive for each scheduled shift in a well-rested condition and shall have had at least 6 hours of rest from all other dental duties immediately prior to reporting for the shift.
5.6. While on duty, HCWs shall not advise, recommend, or suggest to individuals authorized to receive services at Government expense that such individuals should receive services from the HCWs when they are not on duty, or from a partner or group associated in practice with the HCW or Contractor, except with the express written consent of the Commanding Officer. The Contractor shall not bill individuals entitled to those services rendered pursuant to the contract.
5.7. HCWs shall be neat, clean, well groomed, and in appropriate clothing when in patient care and public areas. All clothing shall be free of visible dirt and stains and shall fit correctly. Fingernails shall be clean and free from dirt, and hair shall be neatly trimmed and combed. Each HCW shall display an identification badge, which includes the HCW’s full name and professional status (furnished by the Government) on the right breast of the outer clothing. Security badges provided by the Government shall be worn when on duty.
5.8. The Secretary of the Navy has determined that the illegal possession or use of drugs and drug paraphernalia in a military setting contributes directly to military drug abuse and undermines Command efforts to eliminate drug abuse among military personnel. The policy of the Department of the Navy (including the Marine Corps) is to deter and detect drug offenses on military installations. Measures to be taken to identify drug offenses on military installations, and to prevent introduction of illegal drugs and drug paraphernalia, include routine random inspection of vehicles while entering or leaving, with drug detection dogs when available, and random inspection of personal possessions on entry or exit. If there is probable cause to believe that an HCW has been engaged in use, possession, or trafficking of drugs, the HCW may be detained for a limited period of time until he/she can be removed from the installation or turned over to local law enforcement personnel having jurisdiction. When illegal drugs are discovered in the course of an inspection or search of a vehicle operated by an HCW, the HCW and vehicle may be detained for a reasonable period of time necessary to surrender the individual and vehicle to appropriate civil law enforcement personnel. Action may be taken to suspend, revoke, or deny clinical privileges as well as installation driving privileges. Implicit with the acceptance of the contract is the agreement by the HCWs to comply with all Federal and State laws as well as regulations issued by the Commanding Officer of the military installation concerning illegal drugs and paraphernalia.
5.9. All financial, statistical, personnel, and technical data which are furnished, produced, or otherwise available to the Contractor during the performance of the contract are considered confidential business information and shall not be used for purposes other than performance of work under the contract. Such data shall not be released by the Contractor without prior written consent of the COR. Any presentation of any statistical or analytical materials, or any reports based on information obtained from studies covered by the contract, will be subject to review and approval by the COR before publication or dissemination.
5.10. The Contractor shall comply with all applicable federal, state and local laws and DTF/MTF instructions and policies.
5.11. HCWs shall participate in executing the Emergency Preparedness Plan (drills and actual emergencies) as scheduled by the DTF/MTF (typically semiannually). A DTF/MTF personnel re-call list with personal contact information for all military, civil service and contractor staff is required to prepare in advance for an actual emergency. Upon commencement of performance, the Contractor shall provide the COR with a list of personal contact information for a designated Contractor representative as well as all Contractor staff performing services. The Contractor shall provide an updated list to the COR bimonthly. Should an emergency occur that will affect the HCWs’ shifts, the designated Contractor representative and the HCWs will be contacted.
5.12. Incentive Awards. The Government reserves the right to make non-cash incentive awards directly to HCWs in a form of compensation outlined in a specific task order. These awards will be site or position specific and will be based on the Government’s best business practice plan to minimize turnover, maximize the mission of the command
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and/or reward exemplary work. As an example, non-cash incentive awards may include, but are not limited to, paid “time off” to HCWs, preferential parking privileges, additional training, etc. If time off is given, this time off is in addition to any leave granted and accrued by the HCW. Incentive Plans may be contained in subsequent Task Orders.
5.12.1. Evaluation criteria and scoring procedures will be set forth in each Incentive Plan, as included with position specific statements of work or each subsequent Task Order.
5.12.2. If an incentive award is made, the Government will pass the awards directly to the HCWs. The Government will also inform the Contractor when non-cash incentive awards are granted because HCW performance is an important criterion in evaluating a Contractor’s past performance. The Contractor is under no obligation to provide a replacement HCW for leave taken as a result of an incentive award.
5.13 Unless otherwise specified in the task order, the Government reserves the right to either (a) reassign HCWs within a Dental/Medical Treatment Facility (DTF/MTF) to meet patient demand or (b) temporarily assign HCWs to another location within a 25-mile commuting area of their assigned DTF/MTF. HCWs shall receive notification 2 weeks prior to reassignment to locations within a 25-mile limit. Temporary reassignments shall not exceed 30 calendar days. The Government will consider the use of CLINs 1001-1006 to reimburse HCWs for reassignments within a 25-mile limit on a case-by-case basis.
6. PERSONNEL QUALIFICATIONS. The Contractor shall provide personnel having certain minimum levels of training and experience. General qualifications that apply to all HCWs are given in Section C.7. Specific qualifications are given in Section C.8.
7. GENERAL REQUIREMENTS THAT APPLY TO ALL HCWs:
7.1. HCW QUALIFICATIONS
7.1.1. HCWs shall read, write, speak, and understand the English language fluently and maintain good communication skills with patients and other health care personnel.
7.1.2. HCWs shall be physically capable of standing and/or sitting for extended periods of time and capable of normal ambulation.
7.1.3. HCWs shall be current with and have completed all continuing education requirements specified by their professional licensure or certification.
7.1.4. In order to carry out the duties required by the contract, all HCWs will be required to access Navy information technology networks/systems containing sensitive information. Only HCWs who are U.S. citizens can be granted access to Department of Navy (DON) Information Technology networks/systems and sensitive information (see Section H, Information Technology/Sensitive Information Security Requirements and Section J, Attachment AA Citizenship Requirements).
7.1.5. HCWs shall represent an acceptable malpractice risk to the Government.
7.1.6. HCWs shall be in good standing and under no sanction or suspension by the Federal Government.
7.2. Occupational Health
7.2.1. Within 60 days prior to performance of services by the HCW, the HCW shall obtain, at contractor expense, documentation of required immunizations and physical testing, and a statement from the HCW's licensed medical practitioner or a report of a physical examination. The physical examination and immunization documentation shall indicate that the HCW is free from mental or physical impairments that would restrict the HCW from providing the services described herein. The requirements are provided on the HEALTH EXAMINATION AND IMMUNIZATION/SCREENING REQUIREMENT FORM, the current version of which is available at
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http://www.nmlc.med.navy.mil/handbooks/Physical%20Exam%20and%20Immunization%20Form.pdf. The contractor shall always obtain the current version from the web page and shall have the form completed in its entirety in accordance with its instructions. The facility shall identify any incumbent HCWs who are not required to complete this documentation after contract award. Declinations shall only be permitted based on either the HCW’s religious convictions or medical contraindications (as documented by a qualified health care provider). The Hepatitis B vaccine declination can be found on the World Wide Web at http://www.osha.gov/SLTC/etools/hospital/hazards/bbp/declination.html.
7.2.1.1. Except for those HCWs who decline Hepatitis B vaccine as given above, the Hepatitis B requirements given at http://www.nmlc.med.navy.mil/handbooks/Physical%20Exam%20and%20Immunization%20Form.pdf provide that a HCW must either show a positive titer or demonstrate persistent non-response to the vaccine. A HCW may be approved for service at the DTF/MTF prior to achieving a Hepatitis B positive titer or demonstrating a persistent non-response according to the following provisions:
7.2.1.1.1. An HCW must receive the first vaccination of his/her initial vaccination series prior to commencing service under the contract and must complete the series not later than 6 months after commencing service and, if a negative titer is obtained, must complete the second series within another 6 months; or
7.2.1.1.2. An HCW who has completed his/her initial series and obtained a negative titer must commence his/her second vaccine series prior to commencing service and must complete the second series not later than 6 months after commencing service.
7.2.1.2. HCWs approved according to the provisions above will be considered persistent non-responders until there is evidence to the contrary and will be counseled by a licensed practitioner regarding the implications of non-response.
7.2.1.3. If an HCW fails to comply with the applicable schedule above, the Contractor shall replace the HCW.
7.2.2. Except as provided in paragraph 7.2.3, below, no medical tests or procedures required by the contract may be performed in the DTF/MTF. Expenses for all required tests and/or procedures shall be borne by the Contractor at no additional expense to the Government.
7.2.3. HCWs shall agree to undergo personal health examinations and such other medical and dental examinations at any time during the term of this contract, as the Commanding Officer may deem necessary for preventive medicine, medical surveillance, performance improvement, or privileging purposes. These examinations will be provided by the Government. If the Contractor chooses, these examinations may be provided by private physician or dentist, at no expense to the Government.
7.2.4. It is essential that HCWs be vaccinated annually against influenza according to BUMED and CDC guidelines aimed at reducing the impact of influenza disease in health care settings. The Government will provide the influenza vaccine free of charge. If the HCW chooses to be immunized by the Government, the HCW shall sign a waiver releasing the Government from legal liability in accordance with local procedures and policies. Alternately, the HCW may obtain the vaccine at another facility, with the HCW bearing the total cost, and provide proof of vaccination to the Government. If the HCW declines vaccination, a signed declination form shall be provided to the Government in accordance with CDC recommendations and DTF/MTF policies.
7.2.5. HCWs who do not show a positive antibody titer after immunization and appear to have a "non-immune" status must report varicella exposure to the COR. In accordance with CDC Recommendations, such HCWs may be removed from patient care duties beginning on the tenth day following exposure and remain away from work for the maximum incubation period of varicella (21 days). In this instance, personnel under this contract who accrue leave will be considered to be in a leave status; all other personnel will be considered to be in a leave without pay status.
7.2.6. On an annual basis, HCWs must provide a current Purified Protein Derivative (PPD) reading or an evaluation if they are a known PPD reactor. The Contractor is responsible for any expenses incurred for required testing.
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7.2.7. BLOODBORNE PATHOGEN ORIENTATION PROGRAM. HCWs shall participate in the Command’s Bloodborne Pathogen Orientation Program. The HCWs shall also participate in all required annual training and in periodic training for all procedures that have the potential for occupational exposure to bloodborne pathogens.
7.2.8. MANAGEMENT OF HIV POSITIVE HCWs. HIV positive HCWs will be managed in accordance with the current CDC guidelines and Section 503 of the Rehabilitation Act (29 U.S.C. 793) and its implementing regulations (41 CFR Part 60-741).
7.2.9. PREVENTION OF THE TRANSMISSION OF THE HIV VIRUS. HCWs shall comply with the CDC’s “Universal Precautions” for the prevention of the transmission of the HIV virus.
7.2.10. MANAGING THE CLINICAL RISK IN THE WORK ENVIRONMENT. The work environment inherently involves risks typically associated with the performance of clinical procedures. The HCWs may be exposed to contagious disease, infections and flying debris, requiring the wearing of personal protection equipment such as scrub attire, gloves, masks, and eye protection.
7.3. QUALIFICATIONS PACKAGES
7.3.1. The Contractor shall submit a personal qualifications package to the COR for each HCW proposed. Prior to Contractor employees providing services under the contract, the COR will verify the compliance of each HCW to qualification requirements specified under the contract and the specific Task Order. The Personal Qualifications Sheet (PQS) is provided as Section J, Attachment AG.
7.3.2. Notwithstanding certification requirements given below in Section C.8, each HCW is responsible for complying with all applicable licensure and certification regulations.
7.3.3. The Contractor shall continuously maintain a current list of all individuals who have been approved for service under each task order. The Contractor shall provide a copy of the list to the COR monthly or as requested by the COR.
7.4. ORIENTATION
7.4.1. Each HCW providing service under the contract or resultant Task Orders shall undergo an orientation and shall complete mandatory Navy and DoD on-line training as required. Orientation may be waived for personnel who have previously provided service at the treatment facility. DoD on-line training may require that the HCW enter their Social Security Number to document and track compliance with training requirements.
7.4.2. Orientation shall consist of Command Orientation and Information Systems Orientation. Command orientation of up to 40 hours includes annual training requirements for topics such as but not limited to fire, safety, infection control, family advocacy, Chemical, Biological, Radiological, Nuclear, and Explosive Events (CBRNE) Basic Awareness, and various Navy required on-line training. Information Systems Orientation of approximately 24 hours includes the Composite Health Care System (CHCS), Armed Forces Health Longitudinal Technology Application (AHLTA), and the Ambulatory Data System (ADS). In addition, HCWs identified as CHCS and/or AHLTA Super-users shall undergo an additional 8 hours of information systems orientation. Any additional or specific requirements for orientation will be provided in the applicable Task Order.
7.4.3. Orientation will be provided to new HCWs, as required during initial regularly scheduled shifts under the task order, as specified in the task order.
7.4.4. Those new HCWs who are required to be oriented during initial regularly scheduled work shifts shall be scheduled by the Contractor for shifts occurring at times when orientation classes are available. The COR will provide a list of training times up to 30 days in advance.
7.4.5. For each individual, the Contractor shall not invoice for orientation, and the government will not reimburse the Contractor for orientation, until such time as the individual has provided an amount of clinical services equal to
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the amount of orientation received. The HCW shall complete all orientation within 60 days after commencement of services.
7.5. TURNOVER OF HCWs.
7.5.1. The Contractor shall recognize the potentially negative impact on continuity of care created by staff turnover and the expense incurred by the Government for orientation of new workers. Therefore, the Contractor shall make every effort to minimize turnover and, notwithstanding Contractor employee probation policies, shall recruit only individuals who indicate interest in a long-term commitment under the task order.
8. SPECIFIC QUALIFICATIONS. Each HCW shall meet and maintain the qualifications specified below. The following qualifications are additional to the general qualifications given in Section C.7.1.
8.1. ALL HCWs SHALL:
8.1.1. Possess at least one of the following:
- Certificate or Associate Degree as a dental assistant/technician from a state accredited program and 12 months experience within the preceding 36 months.
- Certification from a military dental technician or dental assistant “A” school and 12 months experience within the preceding 36 months.
- Certification from a Red Cross Dental Assistant Course and 12 months experience within the preceding 36 months.
- Certification from a Military Dental Assistant Course within the preceding 6 months.
- 36 months experience within the preceding 60 months as a dental assistant in a private practice or a military clinic.
- Membership in good standing with the American Dental Assistants Association with required continuing education and 12 months experience within the preceding 36 months.
- Graduation from a state accredited program for dental assisting or dental technology within the preceding 12 months.
8.1.2. Provide two letters of recommendation from either practicing dentists or, if the HCW graduated from a dental training program within the preceding 12 months, letters may be provided by faculty members where the HCW received his/her dental assistant training. The letters must attest to the HCW’s clinical skills, patient rapport, etc. Recommendation letters must include name, title, phone number, date of reference, address and signature of individual providing the letter. Letters must have been written within the preceding three years.
8.1.3. Be in good standing, and under no restrictions, with the state licensure board in any state in which a license is held or has been held within the last 10 years.
8.1.4. Possess and maintain current certification in American Heart Association Basic Life Support (BLS) for Health Care Providers; American Heart Association Health Care Provider course; American Red Cross CPR (Cardio Pulmonary Resuscitation) for the Professional Rescuer; or an equivalent DTF/MTF course. Practitioners, not currently in possession of current certification, must acquire certification prior to initiating contract performance. Web based classes do not meet these standards. A copy of the BLS instruction may be obtained from the World Wide Web at: http://navymedicine.med.navy.mil/Files/Media/directives/1500-15a.pdf.
In the event an otherwise qualified candidate does not possess this certification, the DTF/MTF may elect to provide it. In such cases, the Government reserves the right to deduct 4 hours of compensated service. This deduction shall
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apply to initial certification only; consideration will be based on the hourly rate as specified in Section B of the contract. The Government may provide recertification.
8.1.5. Possess certification or permit for use of dental X-ray equipment. Completion of a military dental technician or dental assistant “A” school will fulfill this requirement.
9. GENERAL DUTIES. Contractor personnel shall perform a full range of Dental Assistant duties consistent with their education, training, experience, and assigned position. General duties that apply to all personnel are given below. Additional duties, which are service area or facility specific, are contained in Section C.10 and in the specific Section J attachment or Task Order. Duties that apply to all contractor personnel are as follows:
9.1. Maintain a level of productivity comparable with that of other individuals performing similar services.
9.2. Adhere to and comply with all Department of the Navy, Bureau of Medicine and Surgery and local instructions and notices, which may be in effect during the term of the contract.
9.3. Participate in peer review and performance improvement activities.
9.4. Participate in the Command's Bloodborne Pathogen Program, including orientation, annual training, and exposure procedures.
9.5. Comply with the CDC's "Universal Precautions" for prevention of the transmission of HIV.
9.6. Practice aseptic techniques as necessary. Comply with infection control guidelines to include the proper handling, storage, and disposal of infectious wastes, the use of universal precautions to prevent the spread of infections.
9.7. Function with an awareness and application of safety procedures.
9.8. Perform efficiently in emergency patient situations following established protocols, remaining calm, informing appropriate persons, and documenting events. Anticipate potential problems/emergencies and make appropriate interventions. Notify supervisor, director, or other designated person regarding problems the HCW is unable to manage.
9.9. Apply an awareness of legal issues in all aspects of patient care and strive to manage situations in a reduced risk manner.
9.10. Participate in the implementation of the Family Advocacy Program as directed. Participation shall include, but not be limited to, appropriate medical examination, documentation, and reporting.
9.11. Exercise awareness and sensitivity to patient/significant others' rights, as identified within the institution.
9.12. Maintain an awareness of responsibility and accountability for own professional practice.
9.13. Participate in continuing education to meet own professional growth.
9.14. Attend annual renewal of facility provided annual training such as family advocacy, disaster training, infection control, sexual harassment, and bloodborne pathogens.
9.15. Actively participate in the command’s performance improvement program. Participate in meetings to review and evaluate the care provided to patients, identify opportunities to improve the care delivered, and recommend corrective action when problems exist.
9.16. Participate in the provision of in-service training to clinic staff members. Provide training and/or direction as applicable to supporting Government employees (e.g., hospital corpsmen, students, etc.).
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9.17. Attend and participate in various meetings as directed.
9.18. Perform timely, accurate, and concise documentation of patient care.
9.19. Attend Composite Healthcare System (CHCS)/Armed Forces Health Longitudinal Technology Application (AHLTA) training and use such systems as directed.
9.20. Perform administrative duties which include maintaining statistical records of the HCW’s workload, operating and manipulating automated systems such as CHCS or AHLTA, participating in education programs, and participating in clinical staff quality assurance functions and Process Action Teams, as prescribed by the Commanding Officer.
9.21. Exercise appropriate delegation of tasks and duties in the direction and coordination of health care team members, patient care, and clinic activities.
9.22. HIPAA Compliance. The HCW shall comply with the HIPAA (Health Insurance Portability and Accountability Act) privacy and security policies of the treatment facility.
9.23. Background Investigations. By fulfillment of this position, the HCW will have access to Department of Navy (DON) IT systems and/or perform IT-related duties with varying degrees of independence, privilege and/or ability to access and/or impact sensitive data and information. Additionally the HCW may have contact with patients under the age of 18. Therefore, the HCW shall be subject to Information Technology (IT)/Sensitive Information (SI) security requirements which include national and local background checks and a credit check in accordance with Secretary of Navy (SECNAV) Manual 5510.30, as well as a criminal background check in accordance with the Crime Control Act of 1990. It should be noted that in order to receive access to the DON IT system(s) and the sensitive data necessary to perform the duties for this position, the HCW must be a U.S. citizen. The HCW shall be required to complete the paperwork necessary for the Government to complete the background investigations in accordance with section H.6.
9.24. Joint Commission requirements - Comply with the standards of the Joint Commission, applicable provisions of law and the rules and regulations of any and all governmental authorities pertaining to:
9.24.1. Licensure and/or regulation of health care personnel in treatment facilities, and
9.24.2. The regulations and standards of professional practice of the treatment facility, and
9.24.3. The bylaws of the treatment facility’s professional staff.
10.1. ADMINISTRATIVE AND TRAINING REQUIREMENTS. The HCW shall:
10.1.1 Provide for the examination, treatment, and disposition of patients compatible with the DTF/MTF's operating capacity and equipment.
10.1.2. Become familiar with and follow standardized (Navy) concepts of Phased Dentistry and Managed Care.
10.1.3. Be officially evaluated at least semi-annually on performance and adherence to requirements of the contract.
10.2. RESERVED
10.3. CLINICAL DUTIES – DENTAL ASSISTANTS - Be responsible for a full range of dental assisting procedures in support of Dental Officer examinations and delivery of treatment under the "four handed dentistry" format within the personnel and equipment capabilities and limitations of the DTF/MTF. The HCW shall aid in the provision of mandated dental surveillance and preventive services and assist in ensuring the quality and timeliness of treatment records and reports required to document procedures performed and care provided. The HCW shall
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also refer patients who present with a complaint to staff dentists for evaluation and continuation of care and attend multidisciplinary treatment team meetings on behalf of the dental officers. The HCW shall:
10.3.1. Perform a full range of dental assistant duties, within the scope of this statement of work, on site using government furnished supplies, facilities and equipment within the assigned unit of the DTF/MTF. Workload occurs as a result of scheduled and unscheduled requirements for care. The HCW’s actual clinical performance will be a function of the overall demand for dental assisting services. The HCW’s productivity is expected to be comparable to that of other dental assistants assigned to the same facility and authorized the same scope of practice.
10.3.2. Provide oral prophylaxis, preventive dentistry procedures and non-surgical periodontal therapy to active duty military personnel and eligible beneficiaries.
10.3.3. Maintain patient records in accordance with Joint Commission and DTF/MTF requirements;
10.3.4. Select and arrange instruments and prepare set ups for patient treatment;
10.3.5. Assist during patient examination and treatment;
10.3.6. Assist during administration of anesthesia;
10.3.7. Assist in placement and removal of sutures;
10.3.8. Prepare restorative and impression materials;
10.3.9. Dispose of contaminated waste in accordance with the standard procedures of the DTF/MTF;
10.3.10. Load and unload radiographic film cassettes;
10.3.11. Expose bitewing, periapical and occlusal film utilizing bisecting angle or paralleling radiographic techniques;
10.3.12. Perform radiographic darkroom procedures to include manual and automatic film processing;
10.3.13. Instruct on basic oral hygiene care; and,
10.3.14. Maintain operatory to meet the clinic's cleanliness and infection control standards.
10.3.15. Perform other duties consistent with the normal duties of a dental assistant as directed by the Commanding Officer to include, but not limited to, working at the appointments desk, performing Central Sterile Supply functions, and participating in command quality improvement and assurance meetings, etc.
10.3.16. Contribute in a positive manner to team building and morale as a member of a professionally diverse team.
10.3.17. Participate in the Expanded Functions training program and certification in accordance with BUMEDINST 6600.13 and local directives at the CO’s discretion. HCWs shall participate in the Expanded Functions Program under the supervision of a dentist.
11. TRAVEL. The Commanding Officer may request that the HCW travel to provide services, attend training or attend Government specified conferences when in the best interest of the Government and patient care. The COR will determine the reasonableness of all costs incurred. When questions arise, the Government's Joint Travel Regulations (JTR) shall always be followed. The Contractor shall be compensated for approved travel per Line Items 1001-1006 in Section B of the contract.
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11.1. When using a personal vehicle for official duties, the HCWs will be compensated for mileage at the prevailing rate. HCWs shall not transport the patient or the patient’s family in his/her personal or Government vehicle without prior approval from the supervisor.
11.2. The Government will not issue Government Travel Orders to the HCWs.
11.3. Government contract air carriers and the Government's contract airfares are not available to the HCWs. Airfare will be paid at the coach rate with 7 days advance purchase, non-refundable ticket price; unless the Government grants prior written approval. The Government shall reimburse the fee charges to reschedule the non-refundable ticket only if the Government directs the rescheduling of the trip.
11.4. The JTR shall serve as the basis for the cost limits for lodging, per diem, miscellaneous expenses and mileage reimbursement if use of privately owned vehicle is authorized. The Contractor shall utilize discount hotel/motel and car rental practices. Per diem rates can be found on the World Wide Web at: http://www.defensetravel.dod.mil/perdiem/.
11.5. Costs for transportation, lodging, meals and incidental expenses incurred by the HCW are allowable subject to Federal Acquisition Regulations Federal 31-205-46 and Federal Travel Regulations prescribed by the General Services Administration or deemed reasonable by the COR.
11.6. When possible, the HCWs shall use government-provided quarters and transportation. If not available, the Government will provide the HCWs with an identification letter for presentation to transportation and lodging firms (see Section J, Attachment AD). The Government retains the right to direct the mode of travel including the availability and size of rental cars. It should be noted that vendors are not obligated to extend discounted Government rates to contractors working on behalf of the Federal Government.
11.7. The Contractor shall submit an invoice in accordance with WAWF instructions (see Section G) itemizing expenses in amounts allowable by the COR.
11.8. The COR will specify the DTF/MTF's procedure to document that the travel was completed and that the expenses were actually incurred.
11.9. All reimbursements will be retrospective, payable only upon presentation of a properly prepared invoice to the COR (as specified by the facility).
11.10. The Government reserves the right to require additional documentation, including memoranda from the HCW performing the travel.
11.11. The travel shall not be conducted prior to the appropriate funding being added to the Line Items 1001 – 1006 in Section B of the task order by a modification.
12. FILL RATE REPORTING
12.1. On a monthly basis, Naval Medical Logistics Command will distribute an excel spreadsheet electronically to the contractor containing its respective active task orders. The contractor shall submit the completed fill rate spreadsheet (Attachment AC) electronically to [email protected].
12.2. The submission deadline will be specified in the distribution email and will be no earlier than the 5th and no later than the 10th of each month. Submissions that do not follow the instructions will be rejected for correction and resubmission.
12.3. The fill rate report is not a substitute for the Contractor Discrepancy Report, which must be prepared in accordance with the Contract Administration Plan.
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12.4. The Contracting Officer will not consider the monthly fill rate reports for contractor past performance unless they have been verified by the Government.
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
The following have been modified: ATTACHMENT BDNOTE: This wage determination has been modified to reflect specific health care category 12000 only. A full version can be obtained at http://www.wdol.gov/ or by request made to NAVMEDLOGCOM.
WD 05-2351 (Rev.-7) was first posted on www.wdol.gov on 08/04/2009************************************************************************************REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATIONBy direction of the Secretary of Labor | WAGE AND HOUR DIVISION | WASHINGTON D.C. 20210 | | | | Wage Determination No.: 2005-2351Shirley F. Ebbesen Division of | Revision No.: 7Director Wage Determinations| Date Of Revision: 07/29/2009_______________________________________|____________________________________________State: New Jersey
Area: New Jersey Counties of Monmouth, Ocean____________________________________________________________________________________ **Fringe Benefits Required Follow the Occupational Listing**OCCUPATION CODE - TITLE FOOTNOTE RATE12000 - Health Occupations 12010 - Ambulance Driver 20.15 12011 - Breath Alcohol Technician 21.91 12012 - Certified Occupational Therapist Assistant 23.30 12015 - Certified Physical Therapist Assistant 21.63 12020 - Dental Assistant 16.58 12025 - Dental Hygienist 32.08 12030 - EKG Technician 28.08 12035 - Electroneurodiagnostic Technologist 28.08 12040 - Emergency Medical Technician 22.17 12071 - Licensed Practical Nurse I 17.75 12072 - Licensed Practical Nurse II 23.69 12073 - Licensed Practical Nurse III 23.81 12100 - Medical Assistant 16.66 12130 - Medical Laboratory Technician 20.17 12160 - Medical Record Clerk 16.66 12190 - Medical Record Technician 20.55 12195 - Medical Transcriptionist 16.66 12210 - Nuclear Medicine Technologist 35.77 12221 - Nursing Assistant I 11.86 12222 - Nursing Assistant II 13.32
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12223 - Nursing Assistant III 15.82 12224 - Nursing Assistant IV 16.08 12235 - Optical Dispenser 24.08 12236 - Optical Technician 15.78 12250 - Pharmacy Technician 14.20 12280 - Phlebotomist 16.08 12305 - Radiologic Technologist 28.08 12311 - Registered Nurse I 32.07 12312 - Registered Nurse II 37.21 12313 - Registered Nurse II, Specialist 37.21 12314 - Registered Nurse III 46.90 12315 - Registered Nurse III, Anesthetist 46.90 12316 - Registered Nurse IV 56.19 12317 - Scheduler (Drug and Alcohol Testing) 26.17
ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:
HEALTH & WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month
VACATION: 2 weeks paid vacation after 1 year of service with a contractor orsuccessor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of serviceincludes the whole span of continuous service with the present contractor orsuccessor, wherever employed, and with the predecessor contractors in theperformance of similar work at the same Federal facility. (Reg. 29 CFR 4.173)
HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day, MartinLuther King Jr's Birthday, Washington's Birthday, Good Friday, Memorial Day,Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, andChristmas Day. A contractor may substitute for any of the named holidays anotherday off with pay in accordance with a plan communicated to the employees involved.)(See 29 CFR 4.174)
THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:
1) COMPUTER EMPLOYEES: Under the SCA at section 8(b), this wage determination doesnot apply to any employee who individually qualifies as a bona fide executive,administrative, or professional employee as defined in 29 C.F.R. Part 541. Becausemost Computer System Analysts and Computer Programmers who are compensated at a ratenot less than $27.63 (or on a salary or fee basis at a rate not less than $455 perweek) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541.400) wage rates may not be listed on this wage determination for all occupationswithin those job families. In addition, because this wage determination may notlist a wage rate for some or all occupations within those job families if the surveydata indicates that the prevailing wage rate for the occupation equals or exceeds$27.63 per hour conformances may be necessary for certain nonexempt employees. Forexample, if an individual employee is nonexempt but nevertheless performs dutieswithin the scope of one of the Computer Systems Analyst or Computer Programmeroccupations for which this wage determination does not specify an SCA wage rate,then the wage rate for that employee must be conformed in accordance with theconformance procedures described in the conformance note included on this wagedetermination.
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Additionally, because job titles vary widely and change quickly in the computerindustry, job titles are not determinative of the application of the computerprofessional exemption. Therefore, the exemption applies only to computer employeeswho satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, includingconsulting with users, to determine hardware, software or system functionalspecifications; (2) The design, development, documentation, analysis, creation, testing ormodification of computer systems or programs, including prototypes, based on andrelated to user or system design specifications; (3) The design, documentation, testing, creation or modification of computerprograms related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of whichrequires the same level of skills. (29 C.F.R. 541.400).
2) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An employee isentitled to pay for all work performed between the hours of 6:00 P.M. and 6:00 A.M.at the rate of basic pay plus a night pay differential amounting to 10 percent ofthe rate of basic pay.
3) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If youwork at night as part of a regular tour of duty, you will earn a night differentialand receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of yourregularly scheduled workweek, you are paid at your rate of basic pay plus a Sundaypremium of 25% of your basic rate for each hour of Sunday work which is not overtime(i.e. occasional work on Sunday outside the normal tour of duty is consideredovertime work).
HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employeesemployed in a position that represents a high degree of hazard when working with orin close proximity to ordinance, explosives, and incendiary materials. Thisincludes work such as screening, blending, dying, mixing, and pressing of sensitiveordance, explosives, and pyrotechnic compositions such as lead azide, black powderand photoflash powder. All dry-house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operationson sensitive ordnance, explosives and incendiary materials. All operationsinvolving regrading and cleaning of artillery ranges.
A 4 percent differential is applicable to employees employed in a position thatrepresents a low degree of hazard when working with, or in close proximity toordance, (or employees possibly adjacent to) explosives and incendiary materialswhich involves potential injury such as laceration of hands, face, or arms of theemployee engaged in the operation, irritation of the skin, minor burns and thelike; minimal damage to immediate or adjacent work area or equipment being used.All operations involving, unloading, storage, and hauling of ordance, explosive, andincendiary ordnance material other than small arms ammunition. These differentialsare only applicable to work that has been specifically designated by the agency forordance, explosives, and incendiary material differential pay.
** UNIFORM ALLOWANCE **
If employees are required to wear uniforms in the performance of this contract(either by the terms of the Government contract, by the employer, by the state or
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local law, etc.), the cost of furnishing such uniforms and maintaining (bylaundering or dry cleaning) such uniforms is an expense that may not be borne by anemployee where such cost reduces the hourly rate below that required by the wagedetermination. The Department of Labor will accept payment in accordance with thefollowing standards as compliance:
The contractor or subcontractor is required to furnish all employees with anadequate number of uniforms without cost or to reimburse employees for the actualcost of the uniforms. In addition, where uniform cleaning and maintenance is madethe responsibility of the employee, all contractors and subcontractors subject tothis wage determination shall (in the absence of a bona fide collective bargainingagreement providing for a different amount, or the furnishing of contraryaffirmative proof as to the actual cost), reimburse all employees for such cleaningand maintenance at a rate of $3.35 per week (or $.67 cents per day). However, inthose instances where the uniforms furnished are made of "wash and wear"materials, may be routinely washed and dried with other personal garments, and donot require any special treatment such as dry cleaning, daily washing, or commerciallaundering in order to meet the cleanliness or appearance standards set by the termsof the Government contract, by the contractor, by law, or by the nature of the work,there is no requirement that employees be reimbursed for uniform maintenance costs.
** NOTES APPLYING TO THIS WAGE DETERMINATION **
Under the policy and guidance contained in All Agency Memorandum No. 159, the Wageand Hour Division does not recognize, for section 4(c) purposes, prospective wagerates and fringe benefit provisions that are effective only upon such contingenciesas "approval of Wage and Hour, issuance of a wage determination, incorporation ofthe wage determination in the contract, adjusting the contract price, etc." (Therelevant CBA section) in the collective bargaining agreement between (the parties)contains contingency language that Wage and Hour does not recognize as reflecting"arm's length negotiation" under section 4(c) of the Act and 29 C.F.R. 5.11(a)of the regulations. This wage determination therefore reflects the actual CBA wagerates and fringe benefits paid under the predecessor contract.
The duties of employees under job titles listed are those described in the"Service Contract Act Directory of Occupations", Fifth Edition, April 2006,unless otherwise indicated. Copies of the Directory are available on the Internet. Alinks to the Directory may be found on the WHD home page at http://www.dol.gov/esa/whd/ or through the Wage Determinations On-Line (WDOL) Web site athttp://wdol.gov/.
REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form1444 (SF 1444)}
Conformance Process:
The contracting officer shall require that any class of service employee which isnot listed herein and which is to be employed under the contract (i.e., the work tobe performed is not performed by any classification listed in the wagedetermination), be classified by the contractor so as to provide a reasonablerelationship (i.e., appropriate level of skill comparison) between such unlistedclassifications and the classifications listed in the wage determination. Suchconformed classes of employees shall be paid the monetary wages and furnished thefringe benefits as are determined. Such conforming process shall be initiated by
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the contractor prior to the performance of contract work by such unlisted class(es)of employees. The conformed classification, wage rate, and/or fringe benefits shallbe retroactive to the commencement date of the contract. {See Section 4.6 (C)(vi)}When multiple wage determinations are included in a contract, a separate SF 1444should be prepared for each wage determination to which a class(es) is to beconformed.
The process for preparing a conformance request is as follows:
1) When preparing the bid, the contractor identifies the need for a conformedoccupation(s) and computes a proposed rate(s).
2) After contract award, the contractor prepares a written report listing in orderproposed classification title(s), a Federal grade equivalency (FGE) for eachproposed classification(s), job description(s), and rationale for proposed wagerate(s), including information regarding the agreement or disagreement of theauthorized representative of the employees involved, or where there is no authorizedrepresentative, the employees themselves. This report should be submitted to thecontracting officer no later than 30 days after such unlisted class(es) of employeesperforms any contract work.
3) The contracting officer reviews the proposed action and promptly submits a reportof the action, together with the agency's recommendations and pertinentinformation including the position of the contractor and the employees, to the Wageand Hour Division, Employment Standards Administration, U.S. Department of Labor,for review. (See section 4.6(b)(2) of Regulations 29 CFR Part 4).
4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, ordisapproves the action via transmittal to the agency contracting officer, ornotifies the contracting officer that additional time will be required to processthe request.
5) The contracting officer transmits the Wage and Hour decision to the contractor.
6) The contractor informs the affected employees.
Information required by the Regulations must be submitted on SF 1444 or bond paper.
When preparing a conformance request, the "Service Contract Act Directory ofOccupations" (the Directory) should be used to compare job definitions to insurethat duties requested are not performed by a classification already listed in thewage determination. Remember, it is not the job title, but the required tasks thatdetermine whether a class is included in an established wage determination.Conformances may not be used to artificially split, combine, or subdivideclassifications listed in the wage determination.
SECTION L - INSTRUCTIONS, CONDITIONS AND NOTICES TO BIDDERS
The following have been modified: INSTRUCTIONS TO OFFERORS
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1. SUBMISSION OF COST OR PRICING DATA
a. It is expected that this contract will be awarded based upon a determination that there is adequate price competition; therefore, the offeror is not required to submit additional cost or price data (beyond that required by Section L.2) or to certify cost or pricing data with its proposal.
b. If, after receipt of the proposals, the Contracting Officer determines that adequate price competition does not exist in accordance with FAR 15.403-3 and 15.403-4, the offeror shall provide other information requested to be submitted to determine fair and reasonableness of price, or certified cost or pricing data as requested by the Contracting Officer.
2. PROPOSAL CONTENT AND INSTRUCTIONS FOR PREPARATION OF PROPOSALS
2.1 Introduction and Purpose - This section specifies the format and content that offerors shall use in response to this Request for Proposal (RFP). The intent is not to restrict the offerors in the manner in which they will perform their work but rather to ensure a certain degree of uniformity in the format of the responses for evaluation purposes. Offerors must submit a proposal that is legible and comprehensive enough to provide the basis for a sound evaluation by the Government. Information provided should be precise, factual, and complete. Legibility, clarity, completeness, and responsiveness are of the utmost importance. Proposals shall be in the form prescribed by, and shall contain a response to, each of the areas identified in Section L.2. Any proposal which does not provide, as a minimum, that which is required in this solicitation may be determined to be substantially incomplete and not warrant any further consideration.
2.1.1 The proposal shall be submitted in three separate volumes:
Volume I – Past Performance ProposalVolume II – Management Planning and Market Research (Technical)Volume III – Business Proposal
A complete Volume I, Past Performance, Volume II, Management Planning and Market Research Proposal and Volume III, Business Proposal shall be submitted by the closing date specified in Section A of this solicitation.
If any one proposal volume is received past the stated closing date specified in this solicitation, the entire proposal will be considered late. No further consideration will be given to any offeror who submits any of these volumes late IAW FAR 15.208(b).
2.2 Past Performance Proposal. In accordance with electronic submission requirements given in this section, the offeror shall submit:
(a) Volume I: Past Performance. The offeror shall submit information regarding experience performing services that are relevant to the requirements of the solicitation. Relevant services are those that closely match the scope of the solicitation’s requirements (e.g., types and numbers of healthcare workers) and that were provided within 5 years preceding the closing date of this solicitation. The more closely the previous/current contract services match the solicitation requirements in terms of the labor category and total number of personnel provided, the more relevant the contract will be considered. The past performance submission shall comprise a narrative (paragraph (1) below) and completed reference questionnaires (paragraph (2) below) received not later than the closing date of the solicitation. Additionally, if the offeror proposes a subcontractor, teaming partner, mentor/protégé or other relationship, the offeror shall submit the letter(s) of consent at paragraph (3) below. If the offeror possesses no relevant past performance, in lieu of the requirements in paragraphs (1) through (3) below, the offeror shall submit a statement in accordance with paragraph (4) below.
(1) Narrative. The narrative shall provide an overview of relevant contracts (Government and/or private sector) held by the offeror or any key personnel, subcontractor, partner, etc. who is part of the current proposal. The narrative should include dates, locations, clinical areas, types and numbers of workers, problems encountered and their solutions, and noteworthy successes or accomplishments. If past performance is submitted for a contract under
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which the offeror (or proposed, subcontractor, partner, mentor, protégé, etc.) provided services as a subcontractor, partner, mentor, protégé, etc., the narrative shall clearly describe the corporate relationships among those who provided the services, citing key responsibilities for each, to include identifying the specific services provided (in terms of numbers and types of personnel, locations, etc.) and nature of services provided (e.g., recruitment, payroll, benefits administration, etc.). The narrative shall be limited to five pages.
(2) Reference Questionnaires. The offeror shall distribute the reference questionnaire shown at Attachment BG to not more than three points of contact who work(ed) at facilities receiving the services under contracts included in the narrative response required in paragraph (1) above, who can attest to the type, scope, and quality of service provided. Only one completed questionnaire per contract, and an overall number of three completed questionnaires, will be accepted by the Government. The offeror shall instruct the point of contact at the referenced entity to return a copy of the completed questionnaire directly to the Contracting Officer at the email address shown in paragraph L.4 NOT LATER THAN THE CLOSING DATE OF THE SOLICITATION (inclusive of any closing date extensions granted via amendment). The offeror shall submit as part of their proposal a list of those entities to which a questionnaire was distributed (including name of entity, name of individual, and phone number or email address).
(3) Letter(s) of Consent. If a subcontracting, teaming, partnering, mentoring or other relationship is proposed, the offeror shall submit written consent from the subcontractor, partner, etc. allowing the offeror to discuss the past performance of the subcontractor, partner, etc. with the Government. If such consent is not provided as part of the proposal submission, the past performance of the subcontractor, partner, etc. may not be considered by the Government in its evaluation.
(4) IF NEITHER THE OFFEROR NOR ITS SUBCONTRACTOR(S), TEAMING PARTNER(S), ETC. POSSESS RELEVANT PAST PERFORMANCE, the offeror shall submit a statement affirming that they possess no relevant past performance.
The Government is not restricted from evaluating and considering other relevant Past Performance information in its possession, such as that in automated past performance reporting systems, and may contact references for any information that comes into its possession.
2.3 Volume II: Management Planning and Market Research. In accordance with electronic submission requirements given in this section, the offeror shall submit the following:
(1) The offeror shall provide a persuasive written discussion demonstrating their contract management capabilities; the discussion shall be specific to the requirements of the solicitation. The plan shall discuss the corporate personnel, by name and title, who will be responsible for contract start-up and the ongoing administration of key functional areas, such as recruitment and scheduling. The plan shall describe the range of responsibilities for each individual and should discuss how the qualifications and experience of each individual will contribute to successful contract operations. Further, the offeror shall outline their approach to contract start-up to ensure timely commencement of services in accordance with solicitation requirements. The offeror shall also discuss their knowledge of the marketplaces represented in the solicitation and discuss how marketplace conditions (such as, but not limited to scarce labor categories, remote locations, or new medical facilities) will impact their ability to recruit and retain required health care workers. Without revealing the prices submitted in response to this solicitation, the offeror shall demonstrate their market research and discuss how they have applied their marketplace knowledge in development of their proposal. Note that the proposal will be incorporated as part of any subsequent award in Section J of the contract. If a subcontractor has been proposed, the contractor must provide a clear discussion as to how the prime contractor will comply with FAR 52.219-14.
If a relationship entailing the use of another contractor is proposed, the offeror’s Technical Proposal shall clearly detail the nature of the relationship between the parties, (i.e. subcontractor, partner, etc), and shall address the responsibilities of all parties as they would relate to provision of services under the resultant contract.
(2) Offerors are cautioned not to include any pricing or cost information in any portion of their technical proposal. Note that this exclusion does not apply to presentation of the results of the offeror's recruitment market
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survey or price information for past contracts.
2.4 Volume III: Business Proposal. In accordance with electronic submission requirements given in this section, the offeror shall submit the following:
(1) Completed Standard Form 33.
(2) Acknowledgment of any amendments issued by the Government prior to the receipt of proposals.
(3) SECTION K – Submit amended Representations and Certifications IAW Section K, FAR 52.204-8 and DFARS 252.204-7007, if applicable.
(4) Pricing proposal containing a completed copy of Section B Pricing and Supplemental Pricing. Within the NAVMEDLOGCOM electronic pricing worksheet (available at (http://www.nmlc.med.navy.mil/DBU-RFP.html),the offeror shall submit pricing and supplemental pricing for each individual SLIN identified in Section B, with the exception of CLINs 1001-1006. The worksheet (all tabs) shall be completed for all minimum AND maximum quantities. All Statements of Work are contained in Section J. A single award of the minimum and maximum quantities in Section B is contemplated as a result of this solicitation.
2.5 ELECTRONIC FILE SUBMISSION
a. The Past Performance Proposal, Technical Proposal, and Business Proposal shall be submitted by mail in electronic format as files on CD-ROMs. Files shall be in Microsoft Office for Windows format, either .doc or .xls files as specified herein. Letters of consent may be submitted as a .pdf file and included in the past performance submission.
b. For the mailed CD-ROMs, two identical sets of CD-ROMs shall be submitted. Each CD-ROM shall be labeled as to the name of the offeror and the contents of the CD-ROM.
c. Past Performance and Technical Proposal (Volume I and Volume II)
(1) The Past Performance files shall be submitted on a Past Performance Proposal CD-ROM and the File shall be named: [name of offeror] Past Performance Proposal.doc. The Management Planning and Market Research files shall be submitted on a Management Planning and Market Research Proposal CD-ROM and the file shall be named: [name of offeror] Management Planning and Market Research Proposal.doc.
(2) Each Proposal (Volume I and II) file shall be in a Microsoft Word for Windows file (.doc) with 1 inch margins all around, Times New Roman font of not less than 10 pitch. Each page of each document shall have a footer indicating the name of the offeror and “page X of Y.”
(3) The sum total of the pages submitted for Volume I (Past Performance) SHALL NOT EXCEED 5 PAGES, excluding a cover letter, reference questionnaires, list of references and letter(s) of consent. The sum total of the pages submitted for Volume II (Management Planning and Market Research) SHALL NOT EXCEED 10 PAGES, excluding a cover letter.
d. Business Proposal
(1) Standard Form (SF) 33. This form shall be completed, signed, and submitted with your proposal.
(2) Acknowledgment of any amendments. Each amendment shall be acknowledged through instructions in Block 11 of the SF 30.
(3) The offeror shall register in the Central Contractor Registration (CCR) in accordance with FAR 52.204-7.
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(4) Section K - Representations, Certifications and Other Statements of Offerors of this Solicitation. The offeror shall complete the annual representations and certifications electronically through the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. The offeror shall verify their ORCA is current, accurate, complete and applicable to this solicitation as of the date of this offer and are incorporated in this offer by reference, except for any applicable changes identified in Section K, FAR 52.204-8 and DFARS 252.204-7007.
(5) Section B. An electronic file will be posted to the NAVMEDLOGCOM web site (http://www.nmlc.med.navy.mil/DBU-RFP.html) along with the solicitation and any amendments for downloading. The file will be named “Pricing Sheet for N62645-09-R-0021.xls”. The offeror shall complete all pricing and supplemental pricing information required on the various tabs included in the electronic file. Blue boxes designate those fields into which the offeror can enter data. The completed file shall be submitted on a Business Proposal CD-ROM. The file shall be renamed: [name of offeror] business proposal.xls. (NOTE: OFFERORS ARE CAUTIONED NOT TO CHANGE THE FORMAT OF THE GOVERNMENT PROVIDED ELECTRONIC FILE. THIS FILE IS STRUCTURED TO RUN ON AN MS EXCEL MACRO. ANY REFORMATTING OF THE PRICING WORKSHEET MAY CAUSE SERIOUS DELAY IN THE EVALUATION PROCESS AND MAY RESULT IN REJECTION OF THE OFFEROR’S ENTIRE PROPOSAL.)
e. The offeror is responsible for ensuring that submitted CD-ROMs are not physically damaged nor contain corrupted files such that they are not readable by the Government. The offeror shall ensure that the two sets of CD-ROMs are identical.
3. PROPOSAL EVALUATION
a. In the evaluation of proposals, Past Performance is significantly more important than the Technical Evaluation Factor of Management Planning and Market Research. Additionally, the combination of Past Performance and the Technical Evaluation Factor is significantly more important than the combined Business Evaluation Factors (Completeness, Reasonableness and Realism). In the event that the combined merits of Past Performance and the Technical Factor for two or more proposals are determined not to have any substantial differences (i.e., are essentially equivalent), the importance of price in making the award determination will be greater and award may be made to the lower priced proposal. It should be noted that award may be made to other than the lowest priced offeror if the Government determines that a price premium is warranted due to Past Performance and/or Technical merit. b. The Government reserves the right to award without discussions. Offerors are cautioned that each initial offer should contain the offeror's best terms.
c. The minimum quantity awarded will be those SLINs in Section B that are designated as "Minimum Quantities," covering the period of performance from 15 April 2010 - 30 September 2010. Task Orders for the minimum quantities will be issued concurrent with the award of the contract. All Task Orders issued will be priced in accordance with the award price in Section B.
3.1 Volume I. Past Performance Proposal Evaluation.
Past Performance Proposals submitted in response to this solicitation will be evaluated in accordance with the following: a. Past Performance Information
(1) The Past Performance and Technical Evaluation Team will first evaluate the offeror's Past Performance information to determine whether the company has relevant Past Performance. In doing so the Team will examine the age of the previous/current contracts, the range of labor categories provided, the clinical settings in which the Past Performance occurred, and the numbers of personnel provided.
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(2) The Past Performance and Technical Evaluation Team will then evaluate the quality and quantity of the offeror's Past Performance. The Team reserves the right to contact the points of contact identified in the offeror’s proposal (e.g., reference questionnaires) for the purpose of assessing the offeror’s record of Past Performance.
(3) The Past Performance and Technical Evaluation Team is not restricted from evaluating and considering other relevant Past Performance information in its possession and may contact references for that information.
(4) Based on the relevance, quality, and quantity of the offeror’s Past Performance, the Past Performance and Technical Evaluation Team will assess the risk to the Government of future non-performance of solicitation requirements by the offeror.
3.2 Volume II. Technical Proposal Evaluation.
Technical Proposals submitted in response to this solicitation will be evaluated in accordance with the factor: Management Planning and Market Research.
a. Based on the comprehensiveness, specificity, realism, and quality of the plans, capabilities, and research demonstrated within the offeror’s proposal, the Past Performance and Technical Evaluation Team will assess the risk to the Government of future non-performance of solicitation requirements by the offeror.
b. The Past Performance and Technical Evaluation Team will not assume that the offeror possesses any capability or knowledge unless it is specified in the proposal.
3.3 Volume III. Business Proposal Evaluation.
Adequate price competition is expected for this acquisition. The Business Proposal will be evaluated with consideration to the following factors: a. COMPLETENESS. The offeror’s proposal will be examined to ensure that the Standard Form 33 has been completed; all amendments have been acknowledged; the offeror is registered in ORCA IAW Section K FAR 52.204-8 and DFARS 252.204-7007; the offeror is registered in CCR IAW FAR 52.204-7; and pricing and supplemental pricing information has been submitted for each minimum and maximum SLIN in Section B.
b. REASONABLENESS. The offeror’s proposal will be examined to determine the degree to which the proposed prices compare to the prices a reasonable prudent person would expect to incur for the same or similar services.
c. REALISM. The offeror’s Line Item prices and information provided on the Supplemental Pricing Worksheets will be used in the evaluation of the offeror's proposal. The Contracting Officer will use the minimum compensation information to determine the price realism of the proposed compensation and may use the minimum and average compensation information for best value determinations. The offeror’s Line Item prices and the Supplemental Pricing Worksheets will be examined to identify unusually low price estimates, understatements of costs, inconsistent pricing patterns, potential misunderstandings of the solicitation requirements, and the risk of personnel recruitment and retention problems during contract performance.
4. QUESTIONS. Offerors must submit all questions concerning this solicitation in writing to the Contract Specialist listed below. The Naval Medical Logistics Command must receive the questions no later that 14 calendar days after the issue date (Block 5 of SF 33) of this solicitation. The Contract Specialist will answer questions that may affect offers in an amendment to the solicitation. The Contract Specialist will not disclose the source of the questions. Questions shall be referred to:
Email: [email protected]. In subject line reference ATTN: “ATTN: CODE 022W”
If you send your question via e-mail and do not receive acknowledgment of receipt by Naval Medical Logistics Command within 72 hours, you are requested to resend your question.
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5. REVIEW OF AGENCY PROTESTS
a. The contracting activity, Naval Medical Logistics Command, will process agency protests in accordance with the requirements set forth in FAR 33.103(d).
b. Pursuant to FAR 33.103(d)(4), an agency protest may be filed directly with the appropriate reviewing authority; or a protester may appeal a decision rendered by a Contracting Officer to the appropriate reviewing authority.
c. The reviewing authority for the Contracting Officer is the Director of Acquisition Management, Naval Medical Logistics Command, Code 02, 693 Neiman, Fort Detrick, MD 21702. Agency procurement protests should clearly identify the initial adjudicating official, i.e., the, “Contracting Officer” or the, “Reviewing Official”.
d. Offerors should note this review of the Contracting Officer’s decision will not extend GAO’s timeliness requirements. Therefore, any subsequent protest to GAO must be filed within 10 days of knowledge of initial adverse agency action.
(End of Summary of Changes)
