Questions and Answers - SECOP Philadelphia - Solicitation 1605C3-21-R-00003.xlsx

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QUESTIONS AND ANSWERS

Medical Second Opinion and Examination Services (SECOP) - Philadelphia Solicitation Number 1605DC-21-R-0003

It is our assumption that services under a resulting contract will support all 12 District Offices and that proposed pricing shall conform to the format in Technical Exhibit 3 (i.e. pricing by individual District Office using the estimated quantities for totals). Is this assumption correct? If not, please clarify the format for proposed prices.

RFP states “The Government’s objective is to procure Medical Second Opinion (SECOP) and Examination services for covered claimants who reside within the area specified in Part 2: Region to be Served/Metropolitan Statistical Area.” This is found beginning on page 22 of the RFP and lists all OWCP Locations. Please clarify if this solicitation is for services serviced by the Philadelphia District Office (states of Delaware, Maryland, Pennsylvania and West Virginia) or all OWCP locations.

Is this assumption correct? If this assumption is not correct, please clarify the proposal submission requirements for these documents (e.g. only for the Philadelphia District Office jurisdiction) and provide an extension as additional time for submission will be required.

And if PPQs are required, additional time for submission will be required due to the quick turnaround time and end of year schedule for many references.

It is our assumption that submission of a completed Attachment J.2 is not required. Is this assumption correct? If not, please provide instructions.

All documents are to be submitted electronically in accordance with ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2020). The contractor is not required to submit Past Performance as the Government will use methods available by FAR 42.15 however, for contractors with no relevant corporate past performance, the Government may take into account information regarding the past performance of predecessor companies, key personnel with relevant past performance so the offeror should provide such information as applicable.

15 Section L, page 146 The RFP states “Price quotation (Volume I – Price Evaluation Quotation) which lists all labor categories, hours, hourly rates, and materials required to complete the statement of work requirements on a firm-fixed-price basis, in a Microsoft Excel format.”

The identified contract type is firm fixed price IDIQ for commercial items. PWS Section B.5 states that services shall be provided at a firm fixed price per unit rate and that price is inclusive of any/all labor, indirect costs, materials, pick-up and delivery, ancillary costs and applicable fees. The firm fixed price also includes the notable costs for the medical specialists and physicians across all required and other medical specialties which are not necessarily structured as an hourly rate. The healthcare industry standard for commercial services from private providers is the use of firm fixed prices. For example, the reimbursement methods for healthcare insurance fixed price per service identified by a CPT Code or HCPCS codes.

Request reconsideration of the Volume I instructions to align with the contract type and commercial items (i.e. replace instructions to provide only the firm fixed prices per unit and remove breakout and spreadsheet).

Physician specialties for FECA file reviews may include the following, as appropriate:

Cardiology Dentist Dermatology Emergency Medicine General Surgery Medical Toxicology Neurology Neurosurgery Ophthalmology Orthopedic Surgeon Otolaryngology Physical Medicine and Rehabilitation Plastic Surgery Psychiatrist Pulmonology Reviewing Pharmacist Urology Vascular Surgery Internal Medicine Occupational Medicine

• “In some cases, however, bills are submitted to the employee’s health insurance carrier. The carrier may request reimbursement for such charges by submitting a completed OWCP-approved form.”

• “An employee who has paid a provider may request reimbursement by submitting either receipted bills from the provider or a OWCP approved form signed by the provider. Hospital bills must be stamped paid or otherwise certified to indicate that payment was made. Cash sales receipts that bear imprints of mechanical cash registers may be accepted if the nature of sale is identified. Photocopies of cancelled checks may be accepted in lieu of receipts but must be accompanied by itemized bills or other evidence of the charge for which payment was made. Prescription receipts must include the name of the drug and the date the prescription was filled.”

The the Service Contract Act (SCA) does not cover bona fide executive, administrative, or professional employees. As a result, Federal Acquisition Regulation (“FAR”) Part 52.222-41—Service Contract Act of 1965 and the corresponding Wage Determination requirement of FAR 22.1007 do not apply to Solicitation Number 1605C3-21-R-00003.

22 I.3, page 105 Section I.3(e)1 of the RFP requires the Service Contract Act clause as a flow down to subcontractors. Offeror requests removal of the Service Contract Act and related clauses. This is a contract to be performed overwhelmingly by physicians, who are not “service employees.”

Since the Act requires the payment of minimum compensation for work performed under the contract, and recordkeeping to prove that such compensation was paid, the compliance burden for the average medical practice would be burdensome. The flow down of the Act will make it very difficult to obtain medical practices as subcontractors.

The physicians themselves are exempt from the Act as “professionals.” 29 C.F.R. § 541.304 (a) & (b). Moreover, some nurses and physician assistants are also exempt. 29 C.F.R. § 541.301(e). Other nurses and medical technicians are apparently covered, and will have to be paid the minimum compensation in the wage determination applicable to their locality. These individuals may work for the prime and/or a subcontractor. In addition, other individuals performing duties on the contract may be exempt as “administrative” workers.

The Government considers a Physician to be a “Professional Employee” in accordance with 29 CFR 541. The term “Professional Employee,” means any person meeting the definition of “employee employed in a bona fide . . . professional capacity”.

The the Service Contract Act (SCA) does not cover bona fide executive, administrative, or professional employees. As a result, Federal Acquisition Regulation (“FAR”) Part 52.222-41—Service Contract Act of 1965 and the corresponding Wage Determination requirement of FAR 22.1007 do not apply to Solicitation Number 1605C3-21-R-00003.