Attachment J2 QA Spreadsheet - consolidated list.pdf

Attachment J2 QA Spreadsheet - consolidated list Atch J.2

Question # Question Title Section Number Clarifying Question Government Comment

2 1.6.3 PWS § 1.6.3 provides: “In cases where … the Contracting Officer rejects the nonconforming deliverable having determined that repair or reperformance is not possible, … the Government may seek price reductions or other adequate consideration and remedies, including assessment of Liquidated Damages as provided below.” In such circumstances, please explain when the period for calculation of liquidated damages starts and ends?

Liquidated damages apply to nonconforming billable work products submitted after the required due date as stipulated in 1.6.3.1. Please see the detailed table and LD calcluation to explain when and how LDs start.

PWS 1.6.3.1 also provides when LDs end because performance is no longer possible: "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)."

Please also see PWS 1.6.3.1 stating Liquidated Damages are only for government staff costs to monitor, identify, address, and correct delays in performance:

"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."

3 1.6.3 Similarly, please explain the ambiguous interplay of the following: (1) the number of days between timely deliverable submission and Government rejection of the deliverable as nonconforming (PWS § 1.6.3); (2) the seven-day resubmission due date (PWS § 1.6.3); (3) non-payment for deliverables after 60 days (PWS § 1.6.3.1); and (4) the calculated days of liquidated damages

(PWS § 1.6.3.1).

Please reference 1.6.3.1 – Liquidated Damages which outlines the liquidated damages calculations. Reference 1.6.14.1.3 Billable Work Product’s Tier Pricing which outlines the billable product service period, due dates and tier pricing. Reference Technical Exhibit 5 - Billable Work Products Monthly Service Period and Due Dates Examples which provides examples of various scenarios from assignment date through 60 calendar days after the Billable Work Product Due Date.

Per 1.6.14.3, "The Government will determine the payable Tiered Pricing rate on the date of submission for the approved work product. Tier 1 pricing applies to any resubmission even if resubmitted within the Tier 2 timeline."

Liquidated damages will be applied to the initial billable work product submission dates.

Liquidated damages will not be applied to resubmitted billable work products. Section

1.6.3.1 has been amended to reflect this clarification.

Nurse and Vocational Rehabilitation Case Management Services Q&A Worksheet RFP 1605C3-24-R-00009

4 1.6.3.1 PWS § 1.6.3.1 provides: “The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the termination for cause provisions of this Contract.” Would the Government consider revising this sentence to: “The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor in whole or in part.”

The Government will not revise the sentence as requested. This language is modeled on FAR 52.211-11(c) which references FAR 52.212-4(m) for termination for cause and (f) for excusable delay. DOL has revised the language as follows to better align with those provisions:

“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 in FAR 52.212-4(m) and (f) .”

5 1.6.3 Can the Government please add provisions to the RFP identifying all circumstances in which a deliverable could be determined to be “nonconforming”? This definition is currently not defined in the terms of the

RFP.

The term "nonconforming" has the same general meaning as it is used in FAR 52.212-4(a) and in the definition of "inspection" per FAR 2.101.

In addition, references to invoices, billing, or payments throughout this contract have broader meanings and applications through OWCP laws, regulations, DOL policies and DOL guidance for transactions through the FECA fund than payments defined in FAR 52.212- 4(i) and approved invoices defined in FAR 52.212-4(g). See PWS 1.6.14.3.

Liquidated Damages PWS Section 1.6.3.1 We respectfully note that the Government provides Liquidated Damages in Section 1.6.3.1 of the PWS.

Will these damages be applied if sufficient information for proper performance was not furnished with the referral by the Government?

“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 in FAR 52.212-4(m) and (f) .” See also Row 4 of these Q&As.

6 1.6.3 Can the Government please identify all Government officials/employees with authority to determine whether a deliverable is “nonconforming” and explain how they will be subject to the application of the same standards?

Reference PWS Section 1.6.12 on Federal Program Managers regarding government officials providing case direction/closure guidance, approving/rejecting report and/or work product submissions; etc. The Federal Program Managers will follow the FECA/LHWCA Regulations and Standards and the terms and conditions of the contract to provide the contractor with direction on the cases and the billable work products. As stated in PWS Section 1.6.14.1, "the resulting contract will be a firm-fixed price per Billable Work Product (per unit) based on Workers’ Compensation Medical Bill Processing Codes/Contract Line Items (CLINs)." The federal program managers will be providing a template to use for all of the billable work products and other deliverables (i.e. FN/RC critical activities template, TN memo template, etc.). Hence, determining a deliverable/billable work product as "nonconforming" should be a rare occurrence.

See also Technical Exhibit 1 which outlines the methods for monitoring the contract for compliance, including who inspects deliverables.

7 N/A To facilitate timelier processing of IW data and submissions particularly with the assignment and onboarding of IWs, which will also increase the accuracy of data transfer, can the government provide details of any data exchange options between the government and contractor systems? For example:

1) Is there an Application Programming Interface (API), or openness to develop an API to provide IW cases and case data to the contractor?

2) If an API is not available, is there a daily report of all IW data contained within the government’s system that is either sent to the contractor by SFTP or email, or able to be downloaded daily from the government’s portal?

No API is currently available. With DMP, the Government provides Nurse and Rehab data via password protected email on a daily, weekly, and monthly basis.

Previous RFP 1605C3-24-R-00005 This seems to be the same scope as 1605C3-24-R-00005. We had previously prepared the technical, commercial proposal and past performance questionnaires were sent out but the RFP was suddenly cancelled. These seem to be the same documentation also. To save contractors the pain of going through this process again and putting pressure in contracting officers to fill the past performance questionnaires again, are we be allowed to reuse some of the forms that we had already prepared, example pricing sheet?, will we be required again to send the past performance questionnaire to contracting officers?

The contractors shall submit the Past Performance Questionnaire (PPQ) updated to reflect the new Solicitation number 1605C3-24-R-00009. Please utilize the latest updated pricing sheet for the resubmission.

Wage Determinations G. Contract Administration We noticed that the Service Contract Act is included by reference on page 87 of the Solicitation under FAR 52.222-41, Service Contract Labor Standards.

Can the Government please provide the applicable Wage Determinations under the Solicitation?

Applicable Wage Determination can be found in "Attachment J.4 - Region WD"

See also Section H.2. Also, the Instructions to Offerors Volume III (Price) states:

When pricing its proposals, every offeror is responsible for accurately classifying the individuals who would perform services under the resulting contract and for accurately estimating the costs of compliance with the SCLS’s minimum wage and fringe benefits requirements. The requirements of the SCLS and implementing regulations can be found at 29 C.F.R. Part 4, and Sections H and I of this solicitation. The FAR requirements can be found at FAR Subpart 22.10.

Wage Determinations G. Contract Administration Field Nurses and Triage Nurses would appear to be labor categories directly covered by the Service Contract Act.

It is our understanding that the if the Service Contract Act is applicable to a Solicitation the Government should furnish the applicable Wage Determinations that will govern contractors in implementation of the Service Contract Act..

Accordingly, can the Government provide the applicable Wage Determinations that will govern pricing and performance under the Contract?

Applicable Wage Determination can be found in "Attachment J.4 - Region WD"

See also Section H.2 and Instructions to Offerors Volume III (Price) cited in Row 11 of these Q&As.

Wage Determinations G. Contract Administration The Service Contract Labor Standards Clause, FAR 52.222-41, states as follows in Section (c)(1):

"(1) Each service employee employed in the performance of this contract by the Contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor, or authorized representative, as specified in any wage determination attached to this contract."

Can the Government provide the Wage Determinations that will be applicable as attachments for contractors' utilization?

Applicable Wage Determination can be found in "Attachment J.4 - Region WD"

See also Section H.2 and Instructions to Offerors Volume III (Price) cited in Row 11 of these Q&As.

Applicable Region for the Virgin Islands

Technical Exhibit 4 We respectfully note that the Government has included the following information for the Virgin Islands in Technical Exhibit 3:

Average Number of Field Nurse Open Cases/Monthly Reports and Invoices Estimated Number of Field Nurse FTE Average Number of Rehabilitation Counselor Open Cases/Monthly Reports and Invoices Estimated Number of Rehabilitation Counselor FTE Average Number of Triage Nurse Open Cases/Monthly Reports and Invoices Estimated Number of Triage Nurse FTE

We respectfully note that the Virgin Islands are not included in any region in Technical Exhibit 4.

We would assume the Virgin Islands would fall within Region 10 with Puerto Rico and Guam.

Is this correct?

If not, which region in Technical Exhibit 4 is the applicable region for the Virgin Islands?

For purposes of the price proposal and setting the FFP rates, please include any pricing assumptions for Virgin Island work in Region 8 of the Price Proposal. Please note Virgin Island work is not included in the Wage Determination in Attachment J.4. For any labor category and location not listed in the Wage Determination and subject to the SCA, the contractor is required to submit a conformance request pursuant to FAR 52.222-41(c)(2).

See Section H.2. RATE

Wage Determination Rates Attach J4 Region WD Please clarify the Wage Determination rates provided in the attachment are not inclusive of Fringe Benefits costs.

The Service Contract Act (SCA) wage determinations reference fringe benefits within Wage Determination listing. Required fringe benefits can be found in "Attachment J.4 - Region WD" following the occupational listing.

Place of Performance PWS Section 1.6.6 We note that PWS Section 1.6.6 states as follows regarding the 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."

Are contract staff able to furnish service from a home office?

Yes, contract staff are able to furnish service from a home office.

Place of Performance PWS Section 1.6.6 We note that PWS Section 1.6.6 states as follows regarding the 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."

Are contract staff able to furnish service from a private practice location?

Yes, contract staff are able to furnish service from a private practice location.

Place of Performance PWS Section 1.6.6 We note that PWS Section 1.6.6 states as follows regarding the place of performance for Triage Nurses:

" 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."

Will the Government please clarify whether Triage Nurses may perform services from home or if a specific office location is required?

Triage Nurse may perform services from home.

1 PRS-6 PRS-6, it states ‘reasonable distance’ but earlier in the document there is a 50-mile limit imposed. Will the government provide an allowance beyond 50-miles for larger geographic areas and states?

Per PWS Section 1.6.6, 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.

Computer Requirement PWS Part 4 In the PWS Part 4 the Government provides minimum IT requirements for the required computers:

"Operating System and Browser Information (Appropriate for all DMP users):

MS Edge and Google Chrome.

OWCP reserves the right to impose updated requirements. The Contractor shall be responsible financially for upgrades.

The Contractor shall assign their employees an encrypted and/or secure email account for all communications related to the services required in this PWS."

Does the Government have a Windows version requirement?

We respectfully note that this information is required in order to accurately price services.

No, there are no specific operating system requirements. However, the contractor must ensure that they keep their operating systems up-to-date and patched. That said, per the PWS, there are specific browser requirements as follows: MS Edge and Google Chrome.

Computer Requirement PWS Part 4 In the PWS Part 4 the Government provides minimum IT requirements for the required computers:

"Operating System and Browser Information (Appropriate for all DMP users):

MS Edge and Google Chrome.

OWCP reserves the right to impose updated requirements. The Contractor shall be responsible financially for upgrades.

The Contractor shall assign their employees an encrypted and/or secure email account for all communications related to the services required in this PWS."

Does the Government have any antivirus and/or malware requirements for the computers?

We respectfully note that this information is required in order to accurately price services.

The PWS requires that the contractor comply with DLMS 7-400, which requires following the DOL Cybersecurity Policy Portfolio (CPP). The CPP requires the use of antivirus and malware software on computers that process DOL-owned information.

However, there are no requirements to use a specific tool under this contract.

Computer Requirement PWS Part 4 Regarding the computers that are to be furnished by the Contractor, are any antivirus programs prohibited from use?

Yes. Kaspersky tools are prohibited in accordance with FAR 52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.

Computer Requirement PWS Part 4 In the PWS Part 4 the Government provides minimum IT requirements for the required computers:

"Operating System and Browser Information (Appropriate for all DMP users):

MS Edge and Google Chrome.

OWCP reserves the right to impose updated requirements. The Contractor shall be responsible financially for upgrades.

The Contractor shall assign their employees an encrypted and/or secure email account for all communications related to the services required in this PWS."

Does the Government require the utilization of desktop computers or are laptops also acceptable?

We respectfully note that this information is required in order to accurately price services.

The Government does not require a specific utilization of desktop computers/ laptops;

either are acceptable so long as the contractor equipment supports the requirements of the contract.

Computer Requirement PWS Part 4 Regarding the computers which are furnished by the Contractor, is there a prohibition on the utilization of ByteDance applications?

Yes. ByteDance applications is prohibited per FAR clause 52.204-27, Prohibition on a ByteDance Covered Application (is incorporated in Amendment 0001. This clause prohibits contractors from having or using a covered application on any information technology owned or managed by the Government, or on any information technology used or provided by the contractor under a contract, including equipment provided by the contractor's employees. The clause applies to all contracts, including contracts at or below the simplified acquisition threshold, contracts for commercial products, and contracts for commercial services.

Transition-In Services 5.10.2 Transition-in Services For the purposes of our Transition-In plan, please advise if existing open FN, TN, and RC claims will be reassigned to the selected Contractor. If so, please provide census data of the quantity of open FN, TN, and RC claims open at this time.

Existing FN, TN and RCs are currently under contract with the incumbent. DOL does not have the authority to reassign them to the selected contractor.

The process of transitioning assigned cases is a requirement in the Transition-In / Transition-out Plan.

The plan shall outline the process for transitioning the work to the new contractor, ensuring retention of FN, TN, and RCs currently assigned if they choose to join the new contractor (with consideration given to the right of first refusal under the SCA, if applicable). In cases where incumbent staff do not transition, the work shall be reassigned to new staff members.

Instructions Technical Volume Instructions Throughout the Instructions for the Technical Volume, the cited PWS Sections do not align to the Task Areas within the actual PWS. For example, the instructions regarding Triage RN Case Management cite PWS Section 5.6, but the this work is covered in Task 5 of the PWS (Section 5.5). This is the case in several areas - it seems the numbers are off by one. Please review, clarify, and update.

No update needed, Technical Volume reflects correct PWS sections. PWS Section 5.4 is Task 3 – Vocational Rehabilitation Counselor (RC) Services. PWS Section 5.5 is Task 4 –Nurse Case Manager/Field Nurse (FN) Services. PWS Section 5.6 is Task 5-Triage Nurse (TN) Services.

J3. Pricing Template Formula J3. Pricing Template Column Y There seems to be a formula error in the Pricing Template. Subtotals in Column Y are adding only Proposed Price per Unit in each Regions 1 to 10.

Should the subtotals calculate by multiplying regional rates with the corresponding regional volume in each region to get the true subtotals.

Example: (E4*F4)+(G4*H4)+and so on... Please review and clarify.

Pricing Template has been amended to fix formula.

Volume Variances J3. Pricing Template and Technical Exhibit 3 Page 68

Please explain the difference in the case volumes provided in the RFP vs. the volumes used in the Pricing Template as they are not the same. There are volume discrepancies between the Pricing Template and the Technical Exhibit

3. We need to understand this in order to base our proposed pricing. For example, on J3 pricing template, the total Triage Nurse closure reports for all 10 Regions was 11,171. The annual average number of Triage Nurse Cases and respective invoices is 18,359 (page 68).

As stated in the Pricing Template, the established "number of units" by region do not represent/limit the actual "number of units" by region in the contract to be awarded. The established "number of units" by region are provided for evaluation purposes only.

However, to clarify the estimated "number of units", the government edited the Pricing Template and Assumptions Tab Pricing Template and Assumptions Tab as well as Technical Exhibit 3.

Volume Variances J3. Pricing Template and Technical Exhibit 3 Page 68

Please explain the difference in the volumes provided in the RFP and to which volume for the offeror to base the pricing - the volumes data on J3. Pricing Template or the volume data on page 68 Technical Exhibit 3? For example, on J3 pricing template, the total RC Regular report and Site Visit Reports for all 10 Regions was 19,116. The annual average number of RC Reports and respective invoices is 12,970 (page 68).

As stated in the Pricing Template, the established "number of units" by region do not represent/limit the actual "number of units" by region in the contract to be awarded. The established "number of units" by region are provided for evaluation purposes only.

However, to clarify the estimated "number of units", the government edited the Pricing Template and Assumptions Tab as well as Technical Exhibit 3.

Volumes Technical Exhibit 3 Can the Government provide the volumes broken down by each of the 4 years (in the 4 year average) as opposed to just the 4 year averages displayed in the tables?

Technical Exhibit 3 provides information on annual average not the 4 year averages. This information is sufficient to develop competitive pricing. No additional case data is available at this time.

Staffing Attachment J.7 List of Proposed Contractor Personnel

Attachment J.7 - List of Proposed Contractor Personnel contains a column titled; “Estimated # of Licensed RC FTE”. Most Rehabilitation Counselors possess a Bachelor’s and/or Master’s degree and one or more nationally recognized certifications, not an actual ‘license. Do you want the count of qualified credentialed RCs, or solely those that may possess a License of some sort?

Provide the count of qualified credentialed RCs, we are aware the RCs are usually certified and credentialed not licensed. Attachment J7. has been updated to reflect such. Please refer to the PWS Section 1.6.8.1-Staffing Requirements to determine qualified credentials.

Staffing Attachment J.7 List of

Proposed Contractor Personnel How should FTEs be shown if they are able to provide services in multiple states? Should the same FTEs be counted more than once?

No, FTE should not be counted more than once if they are able to provide services in multiple states.

Staffing Plan 5.2.3 with Technical Exhibit 3 In the response to the Q&A, question 8 the government states TN cases are only open for 7 to 14 days max, therefore, the selected Contractor would receive only new referrals. The current open case counts are 1260 RC claims, 3860 FN claims and 75 TN claims. This volume is significantly lower than anticipated case volumes in the solicitation J3 exhibit. For example, TN in the Base Year- in exhibit J3 includes 18,359 cases compared to 75 cases stated in response to question 8. Please explain the large variance. What is the historic maximum number of cases for each TN, FN and RC? If these are lower than the anticipate volume in Technical Exhibit 3, please provide the basis for increase anticipated volume.

The previous solicitation # 1605C3-24-00005 and the Q&A responses are not applicable for this procurement.

The information provided in Technical Exhibit 3 refers to annual averages per historical data. Given the nature of the OWCP services there is no way to accurately predict future volumes. Volumes provided in Technical Exhibit 3 are based on the annual average of recent historical data and are not intended as guaranteed maximum volumes.

Personnel 5.2.3 Provide Sufficient Qualified Personnel to Support Tasks as Defined in the PWS

Please confirm the Contractor has flexibility in assigning an alternate RC to make an on-site visit if/when the assigned RC is not the closest in proximity to the location of the visit.

See 1.6.6 Place of Performance. " 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." While it is not prohibited to request a reassignment in the event a site visit is needed, the expectation is that the Contractor assign FN/RC within a reasonable proximity to the IW.

Personnel 5.2.3 Provide Sufficient Qualified Personnel to Support Tasks as Defined in the PWS

Section 5.2.3 outlines the following maximum caseload volumes. While these are reasonable in most cases, there are times when these volumes can be reasonably exceeded due to the acuity of each case. For instance, RC services focused on the 60 day post-employment monitoring are far less time consuming than those in the 90 day re-employment phase. Please confirm that these caseload maximums have some flexibility and can be exceeded when the RC’s quality outcomes exceed established benchmarks and the nature of the overall caseload allows for additional RC capacity.

o FN caseload not to exceed: 35 open cases.

o TN caseload not to exceed: 20 open cases.

o RC caseload not to exceed: 30 open cases

The contract further states that-- The Contractor shall not assign cases in excess of the below without prior approval of the FECA program. There is consideration for such instances, the contractor would need to request FECA program management approval for the FN/TN/RC to exceed the maximum caseload volume.

Average Number of Triage Nurse Open Cases/Monthly Reports and Invoices in Guam

Technical Exhibit 3 We note that the Government provides 10 Regions for services in Technical Exhibit 4, including Region 10.

Region 10 is comprised of Puerto Rico and Guam

We note that in Technical Exhibit 3, the Government provides the Average Number of Triage Nurse Open Cases/Monthly Reports and Invoices in the various states and territories.

We respectfully note that the number Average Number of Triage Nurse Open Cases/Monthly Reports and Invoices is not included for Guam.

Could the Government please furnish the Average Number of Triage Nurse Open Cases/Monthly Reports and Invoices for Guam?

Historically, it has been highly unusual to get a case from Guam. Hence, Guam was not originally included in Technical Exhibit 3. However, Technical Exhibit 3 has been amended to reflect Guam.

Estimated Number of Triage Nurse FTE in Guam

Technical Exhibit 3 We note that the Government provides 10 Regions for services in Technical Exhibit 4, including Region 10.

Region 10 is comprised of Puerto Rico and Guam

We note that in Technical Exhibit 3, the Government provides the Estimated Number of Triage Nurse FTE in the various states and territories.

We respectfully note that the number Estimated Number of Triage Nurse FTE is not included for Guam.

Could the Government please furnish the Estimated Number of Triage Nurse FTE for Guam?

Historically, it has been highly unusual to get a case from Guam. Hence, Guam was not originally included in Technical Exhibit 3. However, Technical Exhibit 3 has been amended to reflect Guam.

Average Number of Field Nurse Open Cases/Monthly Reports and Invoices in Guam

Technical Exhibit 3 We note that the Government provides 10 Regions for services in Technical Exhibit 4, including Region 10.

Region 10 is comprised of Puerto Rico and Guam

We note that in Technical Exhibit 3, the Government provides the Average Number of Field Nurse Open Cases/Monthly Reports and Invoices in the various states and territories.

We respectfully note that the number Average Number of Field Nurse Open Cases/Monthly Reports and Invoices is not included for Guam.

Could the Government please furnish the Average Number of Field Nurse Open Cases/Monthly Reports and Invoices for Guam?

Historically, it has been highly unusual to get a case from Guam. Hence, Guam was not originally included in Technical Exhibit 3. However, Technical Exhibit 3 has been amended to reflect Guam.

Estimated Number of Field Nurse FTE in Guam

Technical Exhibit 3 We note that the Government provides 10 Regions for services in Technical Exhibit 4, including Region 10.

Region 10 is comprised of Puerto Rico and Guam

We note that in Technical Exhibit 3, the Government provides the Estimated Number of Field Nurse FTE in the various states and territories.

We respectfully note that the number Estimated Number of Field Nurse FTE is not included for Guam.

Could the Government please furnish the Estimated Number of Field Nurse FTE for Guam?

Historically, it has been highly unusual to get a case from Guam. Hence, Guam was not originally included in Technical Exhibit 3. However, Technical Exhibit 3 has been amended to reflect Guam.

Average Number of Rehabilitation Counselor Open

Cases/Monthly Reports and Invoices in Guam

Technical Exhibit 3 We note that the Government provides 10 Regions for services in Technical Exhibit 4, including Region 10.

Region 10 is comprised of Puerto Rico and Guam

We note that in Technical Exhibit 3, the Government provides the Average Number of Rehabilitation Counselor Open Cases/Monthly Reports and Invoices in the various states and territories.

We respectfully note that the number Average Number of Rehabilitation Counselor Open Cases/Monthly Reports and Invoices is not included for Guam.

Could the Government please furnish the Average Number of Rehabilitation Counselor Open Cases/Monthly Reports and Invoices for Guam?

Historically, it has been highly unusual to get a case from Guam. Hence, Guam was not originally included in Technical Exhibit 3. However, Technical Exhibit 3 has been amended to reflect Guam.

Estimated Number of Rehabilitation Counselor FTE in

Guam

Technical Exhibit 3 We note that the Government provides 10 Regions for services in Technical Exhibit 4, including Region 10.

Region 10 is comprised of Puerto Rico and Guam

We note that in Technical Exhibit 3, the Government provides the Estimated Number of Rehabilitation Counselor FTE in the various states and territories.

We respectfully note that the number Estimated Number of Rehabilitation Counselor FTE is not included for Guam.

Could the Government please furnish the Estimated Number of Rehabilitation Counselor FTE for Guam?

Historically, it has been highly unusual to get a case from Guam. Hence, Guam was not originally included in Technical Exhibit 3. However, Technical Exhibit 3 has been amended to reflect Guam.

Conflict of Interest In the previous solicitation 1605C3-24-00005 Q&A response, the government answered questions providing clarity on the COI section of the RFP (Section

1.6.8.9 Conflict of Interest of the previous solicitation). Do those answers apply to this new RFP, as there were no changes to the COI section of the new solicitation?

The previous solicitation # 1605C3-24-00005 and the Q&A responses are not applicable for this procurement.

Conflict of Interest 1.6.8.5 - Conflict of Interest In the current solicitation 1605C3-24-00009 the Conflict of Interest language did not change from the previous solicitation 1605C3-24-00005. In the previous Q&A response to 1605C3-24-00005 (questions 5,98, and 143), the government clarified that “They [contractor] are not prohibited from working with other federal agencies. The Contractor, RC, FN or TN may perform work for, or have a relationship with, one or more federal agencies or programs, serving in a dual role with the IWs would create a conflict of interest.” The government then provided an example stating that “no Contractor’s RC, FN, or TN may provide services to any individual in both DOL and DVA capacities. An assigned Contractor’s RC, FN, or TN may only work with an IW for the FECA/LHWCA program; if an IW is also entitled to receive services as a veteran for DVA, a separate counselor must be used, and a separate file must be maintained.”

Given that response, is it accurate to interpret that a conflict of interest does not exist so long as the Contractor’s RC, FN, or TN does not serve in a duel role for an IW another contract with another Federal Agency nor provide duplication of services to individual IWs; and if an IW is also entitled to receive services under another contract, then a separate counselor must be used, and a separate file must be maintained?

The previous solicitation # 1605C3-24-00005 and the Q&A responses are not applicable for this procurement.

The Contractor, RC, FN or TN may perform work for, or have a relationship with, one or more federal agencies or programs, serving in a dual role with the IWs would create a conflict of interest. For example, an Offeror may have Federal contracts providing vocational rehabilitation services to the Department of Veterans Affairs (DVA), but no Contractor’s RC, FN, or TN may provide services to any individual in both DOL and DVA capacities. An assigned Contractor’s RC, FN, or TN may only work with an IW for the FECA/LHWCA program; if an IW is also entitled to receive services as a veteran for DVA, a separate counselor must be used, and a separate file must be maintained.

An RC and/or FN should not be working with the same claimant for two federal agencies.

For example, FECA is not a retirement program, our intent is to return a claimant to productive work. The VA however may be trying to get disability rating for retirement benefits, which would be contradictory to what FECA is attempting to do with a case.

Another issue the employing agency may be paying twice for the services of one individual. FECA charges back costs to the Federal Agency where the claimant was injured.

The conflict of interest clause indicates that the FN cannot work with other agency's regarding FECA claims. There is nothing prohibiting work with agencies in a different capacity. 1.6.8.9 states "The Contractor, or the Contractor’s employees, may not have any other type of contract providing medical, vocational and/or case management services, to include case reviews with any other Federal Agency (except OWCP) that has involvement or contact with Federal injured workers (IW’s) in the Federal Workers’ Compensation context.

Atch J.2