1605DC-17-R-00013_RFP_Amendment_000001.pdf

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1605DC-17-R-00013

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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

OPS

S4307 200 Constitution Ave, NW Office of Procurment Services US Department of Labor

Washington DC 20210

OPS

S-4307 200 Constitution Ave, NW Office of Procurement Services US Department of Labor

06/28/2017000001

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

06/28/2017

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 purposes of this amendment are to:

1) provide the Government's responses to the clarifying questions received (see the continuation pages that follow this SF-30 form); and

2) correct the first sentence of the first paragraph under the "Submission" section of

Section L (page 110). This sentence is hereby changed to state: "The requirements are

Volumes I - Technical Capability, Volume II - Past Performance and Volume III - Price. The

Subcontracting Plan is to be submitted as a separate document/attachment in conjunction with Volume I - Technical Capability."

Period of Performance: 09/30/2017 to 03/29/2019

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)

Myla Gale

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 .

Department of Labor, Office of Workers’ Compensation Programs, San Francisco District Office Medical Second Opinion Services (SECOP) and Medical Examination Services

Solicitation Number: 1605DC-17-R-00013 – Amendment 000001

RFP Section Page Number Comment / Question DOL Response

C.1.4 9 Are Guam and American Samoa are covered by this district office? They appear to be under this office according to the district map, but the RFP does not mention them.

CORRECTION: Arizona, California, Hawaii, Nevada and Pacific Trust Territories (including Guam and Samoa).

C.1.4 Part 2 C.3.2.5

F.4, PRS #1

34-35

It is our assumption that the list of the eight (8) most “required specialties” is: orthopedic surgery, neurology, psychiatry, otolaryngology, neuro surgery, dermatology, and pulmonology and physical medicine and rehabilitation. Is this assumption correct? If not please clarify as the RFP is inconsistent in this listing.

The assumption is correct. The eight (8) most “required specialties” is: orthopedic surgery, neurology, psychiatry, otolaryngology, neuro surgery, dermatology, and pulmonology and physical medicine and rehabilitation

C.1.24 17 What specific Federal security training requirements are mandated for this contract? Does this requirement only apply to onsite contractors? What about subcontractors who are not employees? What is the process to obtain Government signed waiver agreement?

Please see listing of Security Requirements in Sections C.1.22, C.1.23, C.1.24 and C.1.26 for specifics. In addition, the Government will provide annual Security training to all successful offeror employees who are on-site contractors required for these services (as applicable). All waiver requests shall be in writing and forwarded to the District Office COR for processing.

The DOL/OWCP Security Officer will have final approval.

5.1.2 23-28 It is our assumption that only the Program Manager and Quality Assurance Analyst are considered “required” key personnel by the Government and that all other staff are designated as “required” personnel. Is this assumption correct? If not, please clarify.

The assumption is correct.

5.1.3 25 Please clarify the “Project Management (exempt position)”.

It is our assumption that the Project Management requirements are the responsibility of the Program

Please refer to the Fair Labor Standards Act (FLSA), Section 13 for specifics regarding requirements and responsibilities for “exempt positions”. Also, based on previous acquisitions for the same or similar services, the key personnel position “Program Manager” has

Solicitation Number: 1605DC-17-R-00013 – Amendment 000001

RFP Section Page Number Comment / Question DOL Response

Manager key personnel positions. Is this assumption correct? If not, please clarify.

been an exempt position.

5.1.3 26 It is our assumption that internal training programs conducted by the offeror meet the requirements for providing proof of recent training in the application of the AMA Guides 6th edition for the Quality Assurance Analyst. Is this assumption correct? If not, please clarify.

The internal training programs conducted by the offeror may serve as proof of recent training on the AMA Guides 6th edition. The Government reserves the right to review all material related to the internal training program prior to acceptance

Task 3, 5.3.1 (5)

33 Respectfully request removal of the last sentence as the offeror does not maintain the ability to monitor all work performed by a contracted private provider in active practice. Offeror can perform due diligence to address any potential conflicts for medical second opinion services for other federal government agencies.

This section remains unchanged.

Which type of specialists must not perform more than 33% of SECOP services in any MSA per annum? Is it only certain specialties, or is any one provider (regardless of specialty) barred from doing more than 33% of SECOPs in any MSA?

Page 33 states “no one specialist shall conduct more than 33% of the examinations for that medical specialty in any one MSA per annum;

neither shall one orthopedic surgery, otolaryngology, neurology, psychiatry and pulmonology specialists conduct more than 33% of the examinations for those medical specialties in any one MSA per annum.”

Page 53 under the Quality Assurance Surveillance Plan, Performance Threshold column states “The maximum acceptable level

CLARIFICATION: The eight (8) most “required specialties” who must not perform more than 33% of SECOP services in any MSA Per annum are:

orthopedic surgery, neurology, psychiatry, otolaryngology, neuro surgery, dermatology, and pulmonology and physical medicine and rehabilitation

Solicitation Number: 1605DC-17-R-00013 – Amendment 000001

RFP Section Page Number Comment / Question DOL Response is no more than 33% of referred cases can be examined by one particular orthopedic surgeon, otolaryngology, neurological surgery and psychiatry or no more that 33% of orthopedic surgeon, otolaryngology, neurological surgeon and psychiatry conduct more than 33% of the examinations for those medical specialties in any one MSA per annum.

5.3.3 H.1

35 The most recent version of the MSA Listings found in the http://www.dol.gov/owcp/regs/feeschedule/fee.htm is effective February 2017 and in the http://www.omb.gov is July 2015. There are discrepancies between the two. Please clarify which listing of MSAs is to be used.

CORRECTION: Please REMOVE all references to the website located at http://www.dol.gov/owcp/regs/feeschedule/fee.htm.

and use the website located at http://www.omb.gov only.

H.13 65 Please clarify the intent of this requirement and provide examples of acceptable and unacceptable scenarios.

It is our interpretation that this requirement is not intended to constrain specialists in active practice from providing services that do not create a conflict of interest situation (i.e. claimant is a patient).

It is our interpretation that specialists who provide services on this contract:

(1) Cannot perform workers’ compensation medical second opinion services for other federal government agencies.

(2) May perform workers’ compensation medical second opinion services for private sector entities.

(3) May provide other medical services for other

The intent of this requirement is to provide OWCP, DFEC claimants medical second opinion and medical examination services that are comprehensive, unequivocal, unbiased and include well-reasoned opinions of medical specialists or qualified physicians.

To assist with these goals, contractors/subcontractors are expected to perform due diligence to ensure a conflict of interest does not exist between:

(1) the scheduled qualified physicians or medical specialists,

(2) the claimant, with the claimant’s treating physician,

(3) any physician previously providing services to the claimant

(4) or with any staff member employed by the scheduled qualified physician or medical specialist who may know or have knowledge of the claimant.

http://www.dol.gov/owcp/regs/feeschedule/fee.htm http://www.omb.gov/ http://www.dol.gov/owcp/regs/feeschedule/fee.htm http://www.omb.gov/

Solicitation Number: 1605DC-17-R-00013 – Amendment 000001

RFP Section Page Number Comment / Question DOL Response federal government agencies and other entities, e.g. disability exams for military service members.

Are these interpretations correct? If not, please clarify.

For additional consideration, in certain geographic areas and specialties there could only be only one provider available that meets the RFP requirements and would then not be eligible because they performed a “medical examination service” for another federal government agency which is not related to DOL worker’s compensation exams.

In addition, OWCP policies are set forth to facilitate the avoidance of conflicts of interest therefore, medical specialists or qualified physicians shall follow these policies:

Section I.3(c)(1) and (2)

Section I.12

Please delete FAR 52.222-41, Service Contract Labor Standards, FAR 52.222-17 and FAR 52.222-52. This is a contract to be performed overwhelmingly by physicians, who are not “service employees.” In addition, Wage Determination(s) are not provided with the RFP.

The Government understands that due to the nature of the services provided the majority of the services are performed by physicians or others who are “exempt” under the Clause 52.222-41.

The incorporation of FAR Clause 52.222-41 will remain for an offeror and/or company and their subcontractor(s) who proposes “non-exempt” positions that are required to comply with the clause. The inclusion of clauses 52.222-41 will remain unchanged.

Section I.3(e)1 - (viii), (x), (xi)

75 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

The Government understands that due to the nature of the services provided the majority of the services are performed by physicians or others who are “exempt” under the Clause 52.222-41.

The incorporation of FAR Clause 52.222-41 will remain for an offeror and/or company and their subcontractor(s) who proposes “non-exempt” positions

Solicitation Number: 1605DC-17-R-00013 – Amendment 000001

RFP Section Page Number Comment / Question DOL Response 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.

that are required to comply with the clause. The inclusion of clauses 52.222-41 will remain unchanged.

Attachment J.3

91 Past Performance Questionnaire: in the first section that we have to complete, is that area for contract information on what we’re bidding on (San Francisco), or is where we would provide information on the work we do for the person/contract providing the reference?

Sample:

Contractor (Company Name): Offeror Name (Company that will submit a proposal to DOL) Customer (Reference): City of New York Medical Examiner's Office Customer Phone Number: 123-456-7890 Contract Number: ABC-123 Period of Performance: 10/1/2015 - present Brief Description of Contract/Requirement: This contract provided medical second opinion services to New York city's medical examiner's office.

NAICS Code (if applicable): 123456

Solicitation Number: 1605DC-17-R-00013 – Amendment 000001

RFP Section Page Number Comment / Question DOL Response

Section L, Submission Section L, Submission, C Section L, Submission, D Section M.2

117-118

It is our assumption that the Subcontracting Plan is submitted as part of Volume III – Price (not Volume I

– Technical Capability) as it contains price information. Is this assumption correct? If not, please clarify.

The Subcontracting Plan, although it contains pricing information is to be submitted as a separate document/attachment in conjunction with Volume I - Technical Capability.