1605C3-24-R-00009 Amendment 0001.pdf

(x)

1605C3-24-R-00009 x x

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 ACKNOWLEDGEMENT 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.

x

Washington DC 20210

CAS

S-4307 200 Constitution Ave, NW Customer Acquisition Services US Department of Labor

05/30/20240001

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers 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

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

05/30/2024

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to:

1. Provide responses to submitted questions, as detailed in 'Attachment J2 QA Spreadsheet -consolidated list',

2. Provide updates to the Performance Work Statement (PWS) as indicated in the continuation pages below,

3. Incorporate the updated pricing sheet 'J.3. Pricing Template - 1605C3-24-R-00009 -updated', Continued ...

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Broderick Morris

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

TEL: EMAIL: 202-693-7199 MORRIS.BRODERICK@DOL.GOV

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 104

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

1605C3-24-R-00009/0001

4. Update the Detailed Management Plan (DMP) overview to reflect current information as shown in 'DMP Overview Updated',

5. Update the List of Proposed Contractor

Personnel spreadsheet 'J.7 List of Proposed

Contractor Personnel Template updated.'

The submission deadline has been extended until Friday, June 28, 2024, at 05:00 PM Eastern Time.

The estimated Period of Performance for the Base and all Options is 08/29/2024 - 08/28/2029

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

Sponsored by GSA

FAR (48 CFR) 53.110

Solicitation # 1605C3-24-R-00009

Nurse and Vocational Rehabilitation Case Management Services (NVRS)

B - Supplies or Services/Prices

B.1 General

The contractor shall furnish Nurse and Vocational Rehabilitation Case Management Services (NVRS) for the U.S. Department of Labor, Office of Workers’ Compensation Programs (OWCP), for the Division of Federal Employees Longshore and Harbor Workers' Compensation (DFELHWC).

B.2 Pricing Table

Attachment J.3 – Pricing Template – NVRS details the price schedule for the resultant contract. Attachment J.3. shall be used by the Contractor to submit its proposal.

C - Description/Specifications

PERFORMANCE WORK STATEMENT (PWS)

Office of Workers' Compensation Programs (OWCP), Division of Federal Employees,' Longshore and Harbor Workers’ Compensation

PART 1 GENERAL INFORMATION

1.1 Description of Services/Introduction

The Contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to provide Registered Nurse and Vocational Rehabilitation Counselors Case Managers for the Nurse Intervention Program and Vocational Rehabilitation Program for the Office of Workers' Compensation Programs (OWCP), Division of Federal Employees' Longshore and Harbor Workers’ Compensation (DFELHWC). Personnel, services, equipment, etc. shall be provided as defined in this Performance Work Statement (PWS), except as specified in section C-3 as Government-furnished property, the Contractor shall perform to the standards in the resultant contract.

1.2 Background

The OWCP is responsible for the administration of the Federal Employees' Compensation Act (FECA). The FECA provides medical benefits, wage- loss replacement, survivors' annuities, and other benefits to employees of the United States or their survivors when the employee is injured or dies in the course of employment. The OWCP, through the Office of Workers' Compensation Programs (OWCP), Division of Federal Employees,' Longshore and Harbor Workers’ Compensation (DFELHWC), coordinates the FECA program. The FECA program currently has twenty program offices around the country with staff directly responsible for processing and managing FECA claims. These staff, including Claims Examiners, oversee claims throughout the U.S. and its territories. The FECA program functional operations include adjudicating incoming claims to determine eligibility for compensation payments; managing claims in which eligibility has been established; determining wage-loss compensation payments for covered disability or death; and processing payments for allowed medical and vocational rehabilitation services incurred in the treatment of injured workers covered under the FECA.

The OWCP is also responsible for the administration of the Longshore and Harbor Workers' Compensation Act (LHWCA).

The management of disability claims begins as soon as a new claim is received indicating that the employee has lost time from work as a result of the injury or is disabled from his or her date of injury position. The FECA Claims Examiner (CE) is responsible for the overall actions and directions throughout the disability management process; however, medical management, rehabilitation, and the return-to-work effort consist of more than just CE intervention. To further OWCP/FECA and LHWCA program goals and objectives related to disability management, the OWCP implemented two (2) programs, as follows, which are administrated through the FECA Branch of Regulations and Procedures. The Nurse Intervention Program utilizes the services of the Contractor’s Registered Nurse Case Managers for two (2) purposes: To assist with identifying cases that may benefit from more intensive and/or immediate intervention during the early part of the disability period; and to assist with medical management of claims. The Vocational Rehabilitation Program utilizes the services of the Contractor’s Rehabilitation Counselors to assist with the provision of vocational rehabilitation services.

1.2.1 The OWCP Nurse Intervention Program (NIP)

The OWCP is committed to seeing that benefits for compensation and medical services are appropriately and timely provided. OWCP is also committed to assisting injured workers in obtaining a successful medical recovery and minimizing the period of disability from work. To that end, the program implemented Disability Management (DM) into claims processing through Quality Case Management (QCM). QCM is an initiative to intervene with injured workers (IW), employing agencies (EA), and medical providers as early as possible in the recovery process to assist in the facilitation of medical treatment plans and arrange for appropriate reemployment. The objectives of QCM are to take a series of purposeful actions to obtain medical care in a timely manner, to obtain timely work tolerance limitations, and to prevent cases from reaching the long-term disability roll; and has as its primary goal the medical recovery and reemployment of IWs who are in the beginning stages of disability.

To assist the CE in DM efforts, the OWCP incorporated the Nurse Intervention Program (NIP) into claims management. The OWCP NIP is an initiative to introduce the use of Contractor’s Registered Nurse Case Managers: Triage Registered Nurses (TN) and Field Nurses (FN).

Introducing the use of Contractor’s FNs and TNs during the early stages of disability to facilitate expedited medical care and recovery which can result in shortening the length and extent of disability from work. The NIP is designed as a proactive, collaborative partnership between the Contractor’s TN and/or FN, the FECA claims staff, medical providers, RCs, the EA, and the IW. FECA Staff Nurses (SN) oversee the NIP and act as a nursing resource and liaison for the claims staff, EAs, IWs, Contractor’s TNs, and FNs, and other OWCP stakeholders. The SN role is essential to establishing a cooperative, team approach to the DM process. The SN is in a unique position to facilitate the interactions and open communications between the CE and nurse Case Managers, which is a key element to the overall success of the NIP.

In addition to acting as a nursing resource and liaison, the FECA SN is also responsible for administering the policies and procedures of the OWCP NIP. The SN coordinates the Contractor’s FN assignments; monitors the nurses’ performance in correlation to both the contract specifications and the quality of services provided; and reviews work products for quality, completeness, timeliness and approval for payment. The FECA SN role of monitoring work product quality is not a substitute for the supervision of Contractor staff. The Contractor is ultimately responsible for Contractor’s FN performance requirements including but not limited to training, quality of work product, compliance with policy, procedure, proactive cost-efficient FN case management actions and reporting requirements (to include monthly regular/site visit reports and interim communications).

The Contractor FN will regularly communicate with the CE by telephone or written communication via upload to the DOL Disability Management Portal (DMP). The FECA SN monitors cases and will contact the Contractor FN when necessary to follow up on reporting and critical timeframes.

The Contractor FN can contact the FECA SN at any time by email or telephone. The CEs may contact the Contractor FN by email or telephone.

Any email correspondence must protect Personally Identifiable Information (PII) as directed under section 1.6.7 of this PWS. The SN will provide oversight of the program, provide FN guidance, and monitor contractor performance. The SN does not supervise, the Contractor shall be responsible for supervision of their own employees to ensure staff meets contract requirements.

The OWCP has found that nurse intervention is an integral part of the overall disability management of a claim. The best outcomes stem from an active team approach where the FECA Program, the Contractor’s nurse Case Managers, the EA, the IW, and the medical providers use all available tools to facilitate medical recovery and a sustainable return to work. Nurse intervention has proven successful at achieving the primary objective and fulfilling the goals of the FECA program in returning the IW to the work force, thereby limiting lost time from work, and preventing work- related injury cases from unnecessarily reaching the long-term disability rolls.

1.2.2 The OWCP Triage Registered Nurse (TN) Program

The Triage Registered Nurse Program was developed to assist the program with prompt adjudication and payment of benefits, early intervention in traumatic injuries, active case management, and prompt/appropriate return to work.

The Contractor’s TN is a Registered Nurse Case Manager who provides short-term, telephonic triage services. TN interventions assist the CEs in prioritizing adjudication efforts and in identifying cases in need of Contractor’s FN case management.

1.2.3 The OWCP Field Nurse (FN)

The Contractor’s FN is a Registered Nurse Case Manager, assigned to work directly with FECA IWs either in person/face-to-face or telephonic only, who assists in the management of disability claims by utilizing and providing specialized nurse case management skills, techniques, and knowledge in the context of the workers' compensation arena. The Contractor’s FN provides a comprehensive nursing assessment of the IW’s anticipated duration of disability from work, abilities, needs, and concerns as they relate to the response to, and recovery from a work injury; and in doing so, the Contractor’s FN then develops and implements a nursing case management plan to address those abilities, needs, and concerns. As part of this ongoing process, the Contractor’s FN evaluates the duration of disability from work and outcome of their interventions and makes necessary adjustments to the individual nurse case management plan as the IW's status changes throughout the Contractor’s FN phase of Disability Management (DM).

Early referral for Contractor’s FN intervention services is critical to ensuring successful DM. In person, or face-to-face Contractor’s FN intervention service, is recommended for the more severe or complex injury cases, in which, in person meetings with the IW, EA, and/or medical providers is beneficial in moving the case forward. In less complicated injury cases, the Contractor’s FN assignment may only require telephonic services.

FN assignment should occur as soon as possible after the injury occurs and the claim has been approved for a work-related injury. FN assignment should occur if the IW has not returned to work. While early intervention is the primary focus, Contractor’s FN assignments may occur at any point during the life of a claim when needed. For example, FECA Medical Benefits Examiners (MBEs) may require Contractor’s FN assistance regarding medication management or in facilitating an IWs assessment/treatment for medication overuse, misuse, or addiction.

1.2.4 The OWCP Vocational Rehabilitation (VR) Program

The purpose of vocational rehabilitation within the FECA/ LHWCA program is to support IWs in returning to work. The primary goals of the program are to minimize the IW’s lost time from work due to disability and to facilitate a return to gainful employment, thereby assisting the IW to become productive and self-supporting and also reducing Employing Agency costs by eliminating or reducing workers' compensation payments.

The emphasis of the FECA/ LHWCA program's vocational rehabilitation program is the early referral and evaluation of all IWs who need services;

effective case management to ensure that plans are efficient and of good quality; flexibility to provide the widest range of services from private and public rehabilitation agencies; preference for reemployment with the previous employer; and placement of IWs in jobs where disability does not prevent them from competing with non-disabled employees. The probability of effective rehabilitation resulting in the best return to work arrangement is greatly increased when such efforts begin as early as possible in the recovery process. As such, vocational rehabilitation may sometimes occur simultaneously with nurse intervention.

FECA/LHWCA CEs and Rehabilitation Specialists (RSs) carry out the vocational rehabilitation program with the assistance of Contractor’s Rehabilitation Counselors (RCs), private and public rehabilitation providers, physicians, and employers, so that eligible workers receive the rehabilitation services best designed to return them to suitable work, preferably with little or no loss of earnings. Under the FECA and LHWCA, both medical and vocational rehabilitation services can be funded in the return- to -work effort, as appropriate.

FECA/LHWCA program RSs serve as a rehabilitation resource and liaison for CEs, MBEs, nurses, EAs, IWs, and other stakeholders. In addition, the RS serves as the primary OWCP contact for the Contractor assigned RCs, administering the policies and procedures of the rehabilitation program, coordinating referrals, supervising case management, monitoring RC performance, and reviewing and approving rehabilitation reports for completeness and timeliness. The RS role is essential to establishing a cooperative, team approach to the DM process. The RS is in a unique position to facilitate the interactions and open communications between the CE and RC, which is a key element to the overall success of the vocational rehabilitation program.

RCs are contracted to work directly with FECA/LHWCA program IWs to facilitate rehabilitation services and reemployment. Working in conjunction with the FECA program RSs, CEs, and MBEs, the Contractor’s RC assists in enhancing the efficiency and efficacy of the vocational rehabilitation program, supporting claims personnel in their efforts to meet program goals and objectives as they relate to return to work and minimizing lost time from work due to disability. Contractor RC's primary communication is with the FECA RS. The FECA RS is the primary contact for the CE.

Reference the FECA/LHWCA Regulations and Standards, referenced below and as updated, are incorporated by reference:

https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FECA-PT8 https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FECA-PT7 https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/FNHB-PT1 https://www.dol.gov/agencies/owcp/FECA/regs/compliance/DFECfolio/RCHB/part1

Reference Attachment J- DMP Overview additional information regarding DOL Disability Management Portal (DMP).

1.3 Objectives

To provide nationwide Nurse and Vocational Rehabilitation Case Management Services for the Nurse Intervention Program and Vocational Rehabilitation Program for OWCP. To provide all the personnel, tools, and supervision as directed by this PWS throughout the period of performance.

1.4 Scope

The services provided by the Contractor shall support the OWCP, FECA and/or LHWCA programs in maintaining the integrity and success of each program and facilitate the IW’s recovery and return to work, wherever feasible, in accordance with 33 USC § 944, 5U.S.C. 8103 and 8104.

This work involves the following:

1. Arrange for qualified and appropriate resources to make these services available for the FECA/LHWCA IW as provided in this PWS: Sections

1.6.8 for Key Personnel and Staffing Requirements.

2. Ensure timely case management from assignment to closure of services within the timeframes and to the specifications as provided in this PWS including, but not limited to:

a. Contractor’s RC services as provided in Section 5.4 of this PWS. Contractor’s RC services are provided telephonic or in person/fact-to-face, depending upon the needs of the case. RC services include but are not limited to: Making timely contact and initiating vocational rehabilitation services with IWs; coordination of vocational testing, development of vocational rehabilitation plans and facilitation of medical and vocational rehabilitation services; assisting the IW and all stakeholders with return to work goals through reemployment with the previous EA or with a new employer; assisting FECA program staff with determinations regarding the IW’s wage earning capacity as needed; closing assignments as directed; confirming that appropriate authorization is received prior to provision of services; and ensuring delivery of services in accordance with FECA/LHWCA program regulations and standards for timeliness and quality.

b. Contractor’s FN services as provided in Section 5.5 of this PWS. Contractor’s FN case management services are provided telephonic or in person/face-to-face, depending upon the needs of the case. Services provided include but are not limited to: Making contact and initiating nurse case management services with the IWs. Performing comprehensive nursing assessments and care plans to include anticipated duration of disability from work; obtaining medical records and documentation; facilitating and coordinating medical care/ needs with required contacts with the appropriate FECA staff, IW, EA, and medical provider(s), and OWCP’s Workers' Compensation Medical Bill Processing (WCMBP) portal; completing FN interventions, activities, outcomes, and recommendations; identifying cases suitable for a referral for a Second Opinion medical examination and/or referral to the Vocational Rehabilitation program and closing nurse case management services/assignments as directed. The FN shall also prepare cases for a referral for a Second Opinion medical examination upon request.

c. Contractor’s TN case management services as provided in Section 5.6 of this PWS. All Contractor’s TN services are telephonic only.

Services include performing initial TN assignment actions; making required contacts with the IW, EA, and medical provider(s); and following closure protocols within the timeframes and to the specifications provided.

3. Ensure provision of minimum IT requirements as described in 4.1 for use of the Government’s Current and all future IT systems, to include, but not limited to the FECA program’s Disability Management Portal (DMP), and OWCP’s WCMBP portal.

4. Ensure timely delivery of all pertinent case documents supplied by the FECA/LHWCA program to Contractor’s RCs, FNs, and TNs as required by this PWS.

5. Ensure timely submission of reports and other required documentation.

a. RC – 5.4 Task 3

b. FN – 5.5 Task 4

c. TN – 5.6 Task 5

6. Comply with applicable provisions of the Privacy Act of 1974 and otherwise ensure the security and confidentiality of IWs’ medical records and related materials entrusted to the custody of the Contractor, RC, FN, and/or TN.

7. Ensure timely, secure transmission of information to the FECA program of pertinent documents supplied by Contractor’s RCs, FNs, and/or TNs via DMP upload, with the exception of billable work products which are submitted with associated billing/invoice to the approved bill pay portal (WCMBP or equivalent). Reference Section 1.6.14for billable work products definitions, service dates and due dates. Documents (other than billable work products) can be uploaded via the Employees’ Compensation Operations and Management Portal (ECOMP). Any mode of transmission should ensure consistency with the Privacy Act of 1974.

All Services shall be provided for FECA/LHWCA IW per annum. Reference Technical Exhibit 3-Estimated Annual Data, Estimated Annual Number of Referrals and FTE and Monthly Workload Data. The affected IWs reside within the U.S. and the U.S territories. Case files are in the custody of the FECA/LHWCA Program. Access to the case files will be provided after award.

1.5 Period of Performance

The contemplated period of performance is one (1) base period and four (4) option period of 12-months each. The period of performance reads as follows:

Base Period: August 29, 2024- August 28, 2025 Option Period 1: August 29, 2025- August 28, 2026 Option Period 2: August 29, 2026- August 28, 2027 Option Period 3: August 29, 2027- August 28, 2028 Option Period 4: August 29, 2028- August 28, 2029

The Government reserves the right to extend the term of the resultant contract at the prices set forth in Section B in accordance with the terms and conditions contained in clause 52.217-9 entitled, “Option to Extend the Term of the Contract”.

1.6 General Information

1.6.1 Quality Control (QC)

The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS.

The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which the Contractor assures compliance with the requirements of the contract. As a minimum, the Contractor shall develop QCP that address the areas identified in Technical Exhibit 1, “Performance Requirements Summary”. The QCP shall be submitted to the Contracting Officer and Contracting Officer Representative (COR) within 30 calendar days of contract award. After acceptance of the QCP, the Contractor shall receive the Contracting officer’s acceptance in writing of any proposed change to his QCP.

1.6.2 Quality Assurance

The Government will monitor the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP).

This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Government Remedies- please see clauses section

The Contractor understands and agrees that timely and satisfactory performance of the services required under this Contract is essential to the health and welfare of OWCP claimants and to their ability to return to work, as well as to the effectiveness and efficiency of the Government agencies that employ them, and to the financial and operational integrity of OWCP programs.

In accordance with the inspection and acceptance provisions of FAR 52.212-4, Contract Terms and Conditions—Commercial Products and Commercial Services (Nov. 2023), except as otherwise directed by the Contracting Officer, the Contractor is required to reproduce/correct work products it delivers which do not conform to the requirements of the Contract, at no increase in Contract price. For any such nonconforming work products, whether identified by the Government or discovered by the Contractor, except as otherwise directed by the Contracting Officer, the Contractor shall immediately undertake corrective work and must complete any required reperformance, and resubmit the deliverable, within seven (7) calendar days of the rejection/request. In cases where the Contractor fails to correct the deficiencies within this timeframe, or where the Contracting Officer rejects the nonconforming deliverable having determined that repair or reperformance is not possible, the Government will incur damages in the form of additional costs, for which the Government may seek adequate consideration and remedies, claims for breach of contract damages, less than satisfactory ratings in the Contractor Performance Assessment Reporting System (CPARS), and other Government remedies.

1.6.3.1 – Liquidated Damages

The following liquidated damages are provided for this contract. See FAR Subpart 11.5.

The Contractor is required to deliver services under this Contract, as demonstrated by submitting the associated Billable Work Products, no later than the Due Dates set out throughout the PWS and Technical Exhibits which are referenced in the table below. If the Contractor fails to submit the Billable Work Products by the Due Date, the Contractor shall, in place of actual damages, pay to the Government liquidated damages, calculated as set out below. The Government represents to the Contractor, and the Contractor understands, that the liquidated damage amounts below reflect the Government’s reasonable conservative estimates, at the time of award, of the probable costs to the Government for delayed performance.

If the Government terminates this Contract in whole or in part for cause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the termination provision of this Contract.

Liquidated damages will be applied to the initial billable work product submission dates. The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the reasonable control of the contractor and without the fault or negligence of the Contractor as defined FAR 52.212-4(m) and (f) provisions of this Contract.

Billable Work Products Report Due Date Liquidated Damages

FN Regular Report

Every report is due within 30 calendar days after the end date of the relevant Monthly Service Period. Any work product submitted after 30 calendar days is considered late and subject to liquidated damages.

$76.05 per every 15-calendar day period after the report is due, charged only at the end of the 15-day period, until a conforming report is submitted.

MAX: $228.15 after 45 calendar days.

FN Site Visit Report

Every report is due within 30 calendar days after the end date of the relevant Monthly Service Period. Any work product submitted after 30 calendar days is considered late and subject to liquidated damages.

$76.05 per every 15-calendar day period after the report is due, charged only at the end of the 15-day period, until a conforming report is submitted.

MAX: $228.15 after 45 calendar days.

RC Regular Report

Every report is due within 30 calendar days after the end date of the relevant Monthly Service Period. Any work product submitted after 30 calendar days is considered late and subject to liquidated damages.

$ 76.05 per every 15-calendar day period after the report is due, charged only at the end of the 15-day period, until a conforming report is submitted.

MAX: $228.15 after 45 calendar days.

RC Site Visit Report

Every report is due within 30 calendar days after the end date of the relevant Monthly Service Period. Any work product initially submitted after 30 calendar days is considered late and subject to liquidated damages.

$ 76.05 per every 15-calendar day period after the report is due, charged only at the end of the 15-day

Billable Work Products Report Due Date Liquidated Damages

Vocational Rehabilitation Plan

Every VR Plan is due within 150 calendar days following RC assignment. Any work product submitted after 150 calendar days without prior authorization of the Government is considered late and subject to liquidated damages.

$ 76.05 per every 15-calendar day period after the report is due, charged only at the end of the 15-day

The Liquidated Damages listed above are determined based on Government Staff Costs, those costs include only the effort of DOL personnel which will be needed to monitor, identify, address and correct the Contractor’s delays in performance. Additional costs beyond these are possible but have not been included in the calculation. There may be instances of delays where the Government may need to spend extraordinary efforts to correct the Contractor delays (incurring costs not reflected in the liquidated damages amounts below) in which case the Government may pursue actual damages in lieu of or in addition to liquidated damages.

o Liquidated Damages Calculation: ([X# of calendar days after due date a conforming billable work product is submitted] / 15 calendar days, rounded down to a whole number), multiplied by $76.05 Assessed Liquidated Damages o Below are some examples for calculating the Liquidated Damages for delayed billable work products:

Billable Work Product is delivered 14 calendar days after due date (44 calendar days after the end of the monthly service period).

14 calendar days / 15 calendar days = 0.933 = 0 after rounding down * $76.05 = $0.00 in assessed damages.

Billable Work Product is delivered 20 calendar days after the due date (or 50 calendar days after the end of the monthly service period).

20 calendar days / 15 calendar days = 1.33 = 1 after rounding down * $76.05 = $76.05 in assessed damages Billable Work Product is delivered 35 calendar days after due date (65 calendar days after the end of the monthly service period).

35 calendar days / 15 calendar days = 2.33 = 2 after rounding down * $76.05 = $152.10 in assessed damages

If a conforming billable work product has not been submitted within 60 calendar days after the due date (i.e., 90 calendar days after the end of the service period), submission of the billable work product will no longer repair the defect of the delayed performance and any future submission by the contractor will not be accepted and will not be paid for by DOL. The due date does not shift if the first/last day is on a holiday, weekend. Further, pursuant to PWS 1.6.3 (Government Remedies), DOL may seek actual damages from the contractor for its failure to perform the billable work product (including the impacts to the Government from the delay in return to work by the OWCP claimant).

Refer to Section 1.6.14 of the PWS for a detailed list of billable work products, their respective service periods and due dates, and Section 5 for respective performance requirements and Technical Exhibit 5 for examples of billable work products’ service periods and due date.

1.6.4 Recognized Holidays

The Contractor is not required to perform services on the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

Or any other day designated by Federal Statute, Executive Order, or Presidential Proclamation. Reference the U.S. Office of Personnel Management (OPM) for the most recent information on approved Federal Holidays: https://www.opm.gov/policy-dataoversight/pay-leave/federal-holidays/#url=Overview.

Any of the above holidays falling on a Saturday or Sunday shall be observed on the date designated by the Federal Government. Observance of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation. If the Contractor’s personnel work on a holiday, the Government will not reimburse the contractor for holiday premium pay or other premium compensation.

https://www.opm.gov/policy-dataoversight/pay-leave/federal-holidays/#url%3DOverview https://www.opm.gov/policy-dataoversight/pay-leave/federal-holidays/#url%3DOverview

1.6.5 Hours of Operation

Contractor’s RC, FN, and TN shall establish their own hours as necessary to meet the Government’s requirements. The Contractor is responsible for providing contract case management and administration services between the hours of 8:00 am to 5:00 pm EST, Monday thru Friday except Federal holidays or when the Government is closed due to local or national emergencies. An emergency contact person shall be provided for FECA contract management in the event that communication is necessary after business hours or on weekends. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.6 Place of Performance

The work is to be performed throughout the United States, its possessions, territories, and trust territories. No contract staff will work in an OWCP location. The contract staff will work where the Contractor is located or in a location designated by the contractor.

The Contractor’s RCs and FNs must be available in sufficient numbers and geographically distributed as to cover IWs nationwide (including US Territories). Every effort should be made to assign a Contractor’s FN/RC within reasonable proximity to the community in which the IW resides to ensure the Contractor’s FN/RC is familiar with medical and vocational services and providers available in the area, as well as be able to provide in-person services should the need arise without a need to reassign the case to a new FN/RC. The FECA program considers a reasonable commuting distance to be within 50 miles one way to the community in which the IW resides.

Although FN/RC assignments are primarily telephonic and/or virtual, depending upon the needs of the case there may be a situation which requires an onsite visit. Therefore, it is important that the FN/RC is located within a reasonable proximity to the IW. RCs/FNs should be within a reasonable proximity to the IW whether telephonic or in person assignment. When the IW lives in a rural area the proximity to the IW may exceed the normal commuting distance requirement.

Note: Contractor’s TNs shall be provided in sufficient numbers to cover the services required and each associated task. In addition, TN services are telephonic only and prospective vendors shall only ensure places of performance are consistent with nurse licensing strictures.

** Medical professionals providing services for the NVRS requirement will be subject to the licensing requirements of the state(s) in which they are performing services. For example, if a Nurse intends to provide services in Florida and Kentucky, then the Nurse is required to meet the licensing standards of Florida and Kentucky. A FN compact license is acceptable. However, the provisions in this Section still apply. Every effort should be made to assign a Contractor’s FN/RC within reasonable proximity to the community in which the IW resides to ensure the Contractor’s FN/RC is familiar with medical and vocational services and providers available in the area, as well as be able to provide in-person services should the need arise without a need to reassign the case to a new FN/RC.

1.6.7 Security Requirements

Contractor personnel are required to conform to DOL's security and privacy requirements as described below:

1.6.7.1 Security Documentation

The Contractor shall comply with the Federal information security standards, DOL Computer Security guidelines and DOL Manual Series (DLMS). The Federal information security guidelines include, but are not limited to, the following:

1. Privacy Act of 1974 (5 U.S.C. § 552a)

2. OMB Circular No. A-130, Managing Information as a Strategic Resource, July 28, 2016

3. OMB Memorandum M-17-12, Preparing for and Responding to a Breach of Personally Identifiable Information, January 3, 2017

4. OMB Memorandum M-16-24, Role and Designation of Senior Agency Officials for Privacy, September 15, 2016

5. OMB Memorandum M-03-22, Guidance for Implementing the Privacy Provisions of the E-Government Act of 2002, September 30,

6. OMB Memorandum M-01-05, Guidance on Inter-Agency Sharing of Personal Data - Protecting Personal Privacy, December 20, 2000

7. OMB Memorandum M-00-13, Privacy Policies and Data Collection on Federal Web Sites, June 22, 2000

8. OMB Memorandum M-99-05, Instructions on Complying with President's Memorandum of May 14, 1998, "Privacy and Personal

Information in Federal Records,” January 7, 1999

9. DLMS 7 – Chapter 400 – Information Technology Security. To be provided as after award.

10. DLMS 7 – Chapter 1100 - Safeguarding Sensitive Data Including Personally Identifiable Information. To be provided as after award.

After award, OWCP will provide the Contractor with a copy of the presentation covering new user computer security training and a copy of the OWCP IT Rules of Behavior (ROB). Each contractor providing services under this contract shall sign an acknowledgement that they have received and reviewed the training and the ROB prior to the employee performing any work under the contract.

The Contractor shall ensure that an electronic copy of this acknowledgement is maintained on file in the event it is requested by the Contracting Officer Representative and/or the Office of Inspector General (OIG) for use in audits. This signed acknowledgement shall be maintained until the new contractor employee has separated from the contract.

Each contractor shall also read the OWCP Major Applications’ ROB. Acknowledgement of having read this ROB must also be signed by the user.

The signed certification document and OWCP Contractor Non-Disclosure Agreement (NDA) must be maintained by either the contractor’s federal supervisor until the new contractor has left the organization. Both documents must be made available upon request of Contracting Officer’s Representative (COR) of the OIG for audit purposes. A link to the OWCP Major Applications ROB and the NDA will be provided after award.

1.6.7.2 User Accounts for Government IT systems

The Contractor shall ensure that the proper user account forms are completed and submitted to the FECA program for all contract users needing access to the DOL systems prior to the employee performing any work under the contract. Such paperwork is needed for access to the Government’s current and future IT systems, to include but not limited to, FECA’s DMP, and OWCP’s WCMBP portal. The specific forms will be provided to the Contractor after award.

The Contractor shall maintain user account request forms and security documentation review documents. Upon seven (7) calendar days of contract personnel resignation, dismissal or reassignment, the Contract Manager shall notify the COR/FECA Federal Program Managers. On the day of employment termination all necessary account deletion forms must be filled out and made available to OWCP (within 24 hours). When applicable, the Contractor must also take direct steps to disallow a transferred or terminated user’s access to DOL systems immediately. The Contractor shall review information system accounts every six (6) months to also include the matching of user accounts with relevant user records (including, but not limited to, personnel files) to ensure that terminated or transferred individuals do not retain system access. The annual recertification of accounts must be a full review of all user accounts.

1.6.7.3 Background Investigations

The Contractor shall conduct background investigations on all personnel assigned to this contract. The background investigations shall comply with applicable agency personal identity verification procedures, Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.6.7.4 Reasonable Accommodation

Contractors shall ensure employees are aware of and trained in the handling of reasonable accommodation in the FECA claims process including communication assistance to hearing and visually impaired IWs. Reference FECA Bulletin 12-05 for more information:

https://www.dol.gov/sites/dolgov/files/owcp/dfec/regs/compliance/12-05AccommodationsBulletin-Signed%20Copy.pdf

1.6.7.5 Ownership

All products and deliverables developed under this PWS are the property of the U.S. Government and DOL. The Contractor may not change, modify, or use any materials developed under this PWS outside the scope of this contract without the Government’s approval.

1.6.7.6 Commitment to Protect Sensitive Information

Information relating to individual claims of Federal employees for benefits under the Federal Employees' Compensation Act (FECA) is maintained in the Privacy Act System of Records entitled DOL/GOVT-1. Information from the DOL/GOVT-1 system of records is protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this contract shall take proper precautions to protect the information from disclosure. All personnel assigned to this contract are responsible for protecting this Privacy Act information in the same way, and to the same extent, as Federal employees (including criminal penalties for improper disclosure). Additionally, Contractor shall ensure that all personnel assigned to this contract must take an online training course on Information Systems Security and Privacy Awareness prior to the employee performing any work under the contract. Training presentation will be provided after award. This training course is required before system access is granted and then must be completed annually by all employees (including Contractor employees) with access to DOL systems.

The Contractor shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information:

18 U.S.C. 641 (Criminal Code: Public Money, Property or Records).

The Contractor agrees that only persons authorized by the Government shall access and/or utilize the Government’s current and future IT systems, including but not limited to DMP, and/or WCMBP portal.

During the performance of this contract the Contractor will come into contact with proprietary Government information (i.e., Financial/accounting records) or sensitive information. With respect to any such information obtained in the course of the performance of this contract where such effort may reasonably lead to an employee having access to this information, and when specified in a delivery order, the Contractor agrees as follows:

1. Not to use such information for any purpose other than in the performance of the contract.

2. To limit access to such Government information to those in Contractor’s employment who are actually performing work on the task and need to know in order to perform the services under this contract.

https://insideeditionpreprod.ent.dir.labor.gov/owcp/ITPolicies/OWCP/Non-DisclosureAgreementforContractors.pdf https://insideeditionpreprod.ent.dir.labor.gov/owcp/ITPolicies/OWCP/Non-DisclosureAgreementforContractors.pdf https://www.dol.gov/sites/dolgov/files/owcp/dfec/regs/compliance/12-05AccommodationsBulletin-Signed%20Copy.pdf

1.6.7.7 Disposition of Sensitive Documentation

The individual FN and RC must not retain case-specific personal information or documents pertaining to a FECA/LHWCA case after closure of the case. The individual FN and RC are required to document in their final report and/or certify in DMP (currently only in TN cases) the disposition of all OWCP case file information, materials, medical records, and/or emails that may exist in any form (hard copy and/or electronic). This includes documenting the means by which this action was performed, e.g., permanently deleting, shredding, or burning. Upon termination of employment, in addition to above, within 10 calendar days, the FN/RC/TN must provide a signed letter to the Contractor verifying the disposition of all OWCP case file information, materials, medical records, and/or emails that may exist in any form (hard copy and/or electronic) in their possession. This includes documenting the means by which this action was performed, e.g., permanently deleting, shredding, or burning. The contractor is required to maintain a copy of letter(s) on all outgoing employees and provide copies upon the Government’s request. If the Contractor’s FN/RC/TN fails to produce final letter verifying disposition of case file materials; the Contractor will notify the COR. The Contractor will assist in any follow up actions as needed to ensure security and final disposition of case file materials.

1.6.7.8 PII Breach

In accordance with this PWS and with the applicable Personally Identifiable Information (PII) contract clause (Privacy Breach Notification Requirements), the Contractor shall be responsible for reporting any breach or suspected breach of PII data within one (1) hour of becoming aware of the incident. PII is defined as any and all documents or electronic records containing information of a personal nature, which can be searched or retrieved, by name, social security number or other personal identifying designation.

Any failure to provide data protection and/or timely notification of a breach may result in action by the Government. The Contractor shall notify the designated points of contact immediately via whatever means (e.g., phone call, email, etc.) which satisfactorily accomplishes this requirement.

Thereafter, the Contractor shall confirm the breach and gather all necessary facts to complete the Government-provided Incident Report form to notify the Government of all details of the security incident involving PII. Incident Report form will be provided after award.

In the event of a suspected, potential or PII breach, the Contractor shall notify within one (1) hour of the breach:

zzOWCPSECURITY@dol.gov

If E-mail is not possible then please notify: (To be provided after contract award)

As additional information becomes known, the Contractor shall update the Incident Report form and resend to the e-mail group above. Once the DOL receives the Incident Report, someone within the OWCP will review the report to make a determination if there was a breach. In the event of a breach, the Contractor is not to notify the injured workers and/or their authorized representatives. The Government will perform that notification.

1.6.7.9 Removing Employees for Misconduct and Security Reasons

The Government reserves the right to request the Contractor remove contractor employees from any work within the scope of this contract for gross misconduct or security reasons (i.e., conflict of interest, etc.). The Contracting Officer will notify the Contractor of all violations and the Contractor will be responsible for removing from case work and replacing those persons immediately, but no later than five (5) calendar days upon notification.

Removal of a Contractor employee from work within the scope of this contract does not relieve the Contractor of the…