Amendment 0004 - Solicitation Number 1605DC-20-R-00014.pdf

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1605DC-20-R-00014

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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.

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Washington DC 20210-0001

OPS

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

Washington DC 20210-0001

OPS

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

03/31/20200004

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

01/31/2020

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 as follows:

1) To provide the Government's answers to solicitation questions and include a revised PWS.

2) Extend the due date for proposals to April 10, 2020 at 1:00pm EST

Any questions related to this amendment are due no later than Friday April 3, 2020 10:00am.

Contractors shall submit one (1) signed copy of this Amendment with their response.

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)

Arnold P. Casterline

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: 202-693-4595 casterline.arnold.p@dol.gov

C - Description/Specifications

Performance Work Statement (PWS)

Nationwide Nurse and Vocational Rehabilitation Services (NVRS)

United States Department of Labor (DOL)

Office of Workers’ Compensation Programs (OWCP)

Division of Federal Employees’ Compensation (DFEC)

PART 1

GENERAL INFORMATION

1.1 Purpose: This is a non-personal services contract to provide all services within this PWS including Registered

Nurse Case Managers and Vocational Rehabilitation Counselors for the Nurse Intervention Program and Vocational

Rehabilitation Program for the Office of Workers’ Compensation (OWCP), Division of Federal Employees’

Compensation (DFEC). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the

Contractor who, in turn, is responsible to the Government.

1.1.1 Background:

The OWCP is responsible for administration of the Federal Employees' Compensation Act (FECA). The Act provides for 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 DFEC, coordinates the activities of twelve District Offices. These District Offices have direct responsibility for processing claims. The District Office 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 Act.

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

DFEC 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/DFEC program goals and objectives related to disability management, the OWCP implemented two programs, as follows, which are administrated through the DFEC

District Offices. The Nurse Intervention Program utilizes the services of Registered Nurse Case Managers for two 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 Rehabilitation Counselors to assist with the provision of vocational rehabilitation services.

No “contract” history exists for the Nurse and Vocational Rehabilitation Services (NVRS) procurement.

Therefore, there is no incumbent Contractor.

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 Registered Nurse case managers (Triage

Registered Nurses/TNs and field nurses/FNs) 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 TN and/or FN, the District Office 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 District Office staff, TNs, FNs, EAs, IWs, and other OWCP stakeholders. The SN role is essential to establishing a cooperative, team approach to the DM process. S/he 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 SN is also responsible for administering the policies and procedures of the OWCP NIP. The SN coordinates TN and FN assignments; monitors the nurses’ performance in correlation to both the contract specifications and the quality of services provided; and reviews nurse reports for completeness and timeliness prior to authorizing invoice payments.

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 DFEC, the 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 DFEC 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.

The OWCP Triage Registered Nurse (TN) Program:

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

The TN is a contracted 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 Field Nurse

(FN) case management.

The OWCP Field Nurse (FN):

The FN is a Registered Nurse case manager, contracted to work directly with DFEC IWs in the field, 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 FN provides a comprehensive nursing assessment of the IW's abilities, needs, and concerns as they relate to the response to, and recovery from, a work injury; and in doing so, the FN then develops and implements a nursing case management plan to address those abilities, needs, and concerns. As part of this ongoing process, the FN evaluates the outcome of his/her interventions and makes necessary adjustments to the individual nurse case management plan as the IW's status changes throughout the FN phase of Disability Management (DM).

Early referral for FN intervention services is critical to ensuring successful DM. 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 and also may occur if the IW has returned to work but remains disabled from performing his or her date of injury position. While early intervention is the primary focus, FN assignments may occur at any point during the life of a claim when needed. For example, DFEC

Medical Benefits Examiners (MBEs) may require FN assistance regarding medication management, or facilitating an IWs assessment/treatment for medication overuse, misuse, or addiction.

The OWCP Vocational Rehabilitation Program:

The purpose of vocational rehabilitation within the DFEC 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 reduce costs by eliminating or reducing workers' compensation payments.

The emphasis of DFEC'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. As 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, vocational rehabilitation may sometimes occur simultaneously with nurse intervention.

CEs and Rehabilitation Specialists (RSs) in the District Offices carry out the vocational rehabilitation program with the assistance of contracted 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, both medical and vocational rehabilitation services can be funded in the return to work effort, as appropriate.

DFEC RSs serve as a rehabilitation resource and liaison for District Office CEs, MBEs, nurses, EAs, IWs, and other stakeholders. In addition, the RS serves as the primary contact for the district’s contracted RCs, administering the policies and procedures of the rehabilitation program, coordinating referrals, supervising case management, monitoring RC performance and reviewing rehabilitation reports for completeness and timeliness prior to authorizing payment of bills. The RS role is essential to establishing a cooperative, team approach to the DM process. S/he 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 DFEC IWs in the field and to facilitate rehabilitation services and reemployment. Working in conjunction with the DFEC District Office RSs, CEs, and MBEs, the RC assists

DFEC in enhancing the efficiency and efficacy of the vocational rehabilitation program, supporting District

Office 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.

1.1.2 Objectives:

The important elements of this service contract shall be to provide sufficient numbers of contract TNs, FNs, and RCs to provide support to the IWs, CEs, MBEs, RSs and/or SNs to meet the requirements of this

Performance of Work Statement (PWS); provide early assignment and evaluation of all IWs who need services; provide effective case management to ensure that nursing and/or rehabilitation plans are efficient, appropriate, case-specific, and of good quality; flexibility to provide the widest range of services from private and public rehabilitation agencies; and provide placement of IWs in jobs where disability does not prevent them from competing with non-disabled employees with preference for reemployment with the previous employer.

The objective of the TN requirement shall enable the Government to procure TN services in order to assist in the prompt adjudication where the IW has immediate time loss and has not returned to work. The TN interventions will assist the CEs in prioritizing their adjudication efforts. All work is performed telephonically.

The objective of the FN requirement is to procure FN services in order to facilitate and coordinate appropriate medical care; facilitate the identification of work tolerance limitations, assist the IW and key EA personnel in the return to work process; thereby reducing the length of the disability associated with work injuries; and promptly identifying cases suitable for (and assist with) a referral for a Second Opinion medical examination and/or referral to the Vocational Rehabilitation program.

The objective of the RC requirement is to procure RC services in order to facilitate the vocational rehabilitation and reemployment of IWs through coordination of timely medical and vocational rehabilitation services;

consultation with the IW and key EA personnel to determine the possibility of reemployment; provision, when needed, of vocational evaluation, plan development, and placement support for return to work with a new employer; and assistance to DFEC staff in the determination of the IW’s wage earning capacity.

By entering into this contract, the OWCP/DFEC will secure a standardized method for soliciting, recruiting, and selecting TN, FN, and RC to provide services for DFEC’s Nurse Intervention Program and Vocational

Rehabilitation Program. The services provided by the Contractor shall support the OWCP/DFEC in maintaining the integrity and success of each of the Programs and facilitate the IW’s recovery and return to work, wherever feasible, in accordance with 5 U.S.C. 8103 and 8104. The contract objectives are as follows:

(1) Arrange for qualified and appropriate resources to make these services available for the DFEC IW as provided in this PWS:

(a) RC services as provided in 5.3.4 Task 2 Subtask A;

(b) FN services as provided in 5.4.4 Task 3 Subtask A; and

(c) TN services as provided in 5.5.4 Task 4 Subtask A.

(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) RC services as provided in 5.3 Task 2: 5.3.1, 5.3.2. 5.3.3, 5.3.6 (Subtask C),

5.3.7 (Subtask D),5.3.8 (Subtask E), and 5.3.9 (Subtask F).

Assigning referrals, making 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

DFEC staff with determinations regarding the IW’s wage earning capacity as needed; submitting reports as required documenting rehabilitation activities/outcomes and invoice of billable hours;

confirming that appropriate DFEC authorization is received prior to provision of services; and ensuring delivery of services in accordance with DFEC regulations and standards for timeliness and quality.

(b) FN services as provided in 5.4 Task 3: 5.4.1, 5.4.2, 5.4.3, 5.4.6 (Subtask C), 5.4.7 (Subtask D),

5.4.8 (Subtask E) and 5.4.9 (Subtask F).

Performing comprehensive nursing assessments and care plans; obtaining medical records and documentation; facilitating and coordinating medical care/ needs with required contacts with the

CE, IW, EA, and medical provider(s); completing FN interventions, activities, outcomes, and recommendations; facilitating independent second opinion medical evaluations, and closing nurse case management services/assignments as directed.

(c) TN services as provided in 5.5 Task 4: 5.5.1, 5.5.2, 5.5.3, 5.5.6 (Subtask C), 5.5.7 (Subtask D),

5.5.8 (Subtask E), and 5.5.9 (Subtask F).

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 in this PWS.

(3) Assure provision of minimum IT requirements as described in Part 4 for use of the Government’s

Current and future IT systems, DFEC’s Disability Management Portal (DMP), and OWCP’s Central

Bill Processing (CBP) portal.

(4) Assure timely delivery of all pertinent case documents supplied by DFEC to RCs, FNs, and TNs as required by this PWS.

(5) Assure timely submission of reports and other documentation required by the PWS.

a) RC – Task 5.3.7 Task 2 Subtask D a.

b) FN – Task 5.4.7 Task 3 Subtask D b.

c) TN – Task 5.5.7 Task 4 Subtask D c.

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

(7) Assure timely transmission of information to the District Office of pertinent documents supplied by

RCs, FNs, and/or TNs when imaged documents are not available for transmission via the secure web portal (primarily including medical records relevant to the assignment, etc.). Documents (other than reports and bills) can be uploaded via DFEC’s via the Employees’ Compensation Operations and

Management Portal (ECOMP).

1.1.3 Goals

Working in conjunction with DFEC, the Contractor shall assist DFEC in streamlining its case assignments process and enhancing the efficiency and efficacy of daily work tasks. The Contractor services shall assist the

District Office personnel in their efforts to meet program goals and objectives as they relate to return to work goals and minimizing lost time from work due to disability.

The DFEC Vocational Rehabilitation program and Nurse Intervention Program will be better able to fulfill the

OWCP/DFEC program goals and objectives, and address the needs of the program stakeholders by having available an adequate number of qualified RCs, FNs, and TNs to serve the IWs within the designated District

Offices and associated Metropolitan Statistical Areas (MSA).

1.1.4 Scope of Work

IWs Covered and work to be Performed. All Services shall be provided for (see Attachment B for estimated case quantities) FECA IW per annum. The affected IWs reside within the areas served by DFEC’s District

Offices and associated MSAs. Case files are predominantly in the custody of the responsible District Office which may not necessarily be in the same geographic region as the IW. T DFEC will provide to the Contractor all necessary information pertaining to the covered IW.

1.2 TYPE OF CONTRACT: The Government anticipates the award of a single Firm Fixed Price (FFP) Indefinite

Delivery / Indefinite Quantity (IDIQ) Contract.

1.3 PERIOD OF PERFORMANCE: The anticipated period of performance is one (1) base year plus four (4) option years.

1.4 QUALITY CONTROL (QC): The Contractor shall develop and maintain an effective QC program 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 QC program is the means by which it assures itself and the Government that its work complies with the requirements of the contract and the PWS and therefore, the Contractor shall outline its program in a Quality Control Plan (QCP). The QCP is to be submitted with the Contractors’ proposal and will be subject to the Governments review and approval. Upon approval, the Contractor shall receive written notification of the Government’s acceptance.

1.5 QUALITY ASSURANCE: The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. 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 RECOGNIZED FEDERAL 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

Independence Day Christmas Day

Any other day designated by Federal Statute, Executive Order, or Presidential Proclamation.

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 or other premium compensation.

1.7 HOURS OF OPERATION: RC, FN, and TN resources shall establish their own hours as necessary to meet the

Government’s requirements. The Contractor is responsible for providing contract 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

DFEC 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.

1.8 PLACE OF PERFORMANCE: The work is to be performed for twelve (12) OWCP/DFEC District Offices throughout the United States, its possessions, territories, and trust territories. RCs and FNs must be available in sufficient numbers and geographically distributed as to cover IWs nationwide (including Puerto Rico). RCs and

FNs should be able to meet with IWs face-to-face wherever possible. However, when the IW lives in a rural area outside a Metropolitan Statistical Area (MSA), a telephonic assignment may be appropriate. However, no more than

20% of all FN referrals nationwide and no more than 50% of all RC referrals nationwide should be telephonic during the period of performance.

The resulting contract will cover the following District Offices.

District Office 1 – Boston, MA

District Office 2 - New York, NY

District Office 3 – Philadelphia, PA

District Office 6 – Jacksonville, FL

District Office 9 – Cleveland, OH

District Office 10 – Chicago, IL

District Office 11 - Kansas City, MO

District Office 12 – Denver, CO

District Office 13 - San Francisco, CA

District Office 14 – Seattle, WA

District Office 16 – Dallas, TX

District Office 25 - Washington, DC

This national agreement will include Metropolitan Statistical Areas1 (MSA) and Non- Metropolitan Statistical

Areas2 (Non-MSA) that are defined by the Office of Management and Budgets (OMB) website located at www.omb.gov.

Note: TNs shall be provided in sufficient numbers to cover the services required by the PWS and each associated task. In addition, TN services are telephonic only and prospective vendors need 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.

1.9 CONTRACTING OFFICER’S REPRESENTATIVE (COR): The COR will be identified by separate letter.

The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications, etc.; monitor the Contractor's performance and notify both the Contracting Officer (CO) and the Contractor of any deficiencies; coordinate availability of

Government furnished property; and provide site entry of Contractor personnel. A letter of designation issued to the

COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates, or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.10 CONTRACTING OFFICER’S REPRESENTATIVE DESIGNEE (CORD): OWCP/DFEC will specify individuals (RS and/or SN) to communicate assignments, provide case direction/closure guidance; approve exceptions (e.g. telephonic-only RC and/or FN services, authorizing extension of services and/or cost expenditures);

approve/reject billing invoices; and discuss performance of contract employees (including issues of poor performance) with the Contractor. The CORD is not authorized to change any of the terms and conditions of the resulting contract nor are they authorized to perform any of the duties outlined in the COR Designation Memo.

1.10.1 The CORD shall not exercise any supervision or control over the contract service providers performing these services herein. Such contract service providers shall be accountable solely to the

Contractor who, in turn is responsible to the Government.

1.11 SECURITY REQUIREMENTS: Contractor staffs are required to conform to DOL's security and privacy

1 Metropolitan Statistical Area (MSA) – A geographical delineated region with a relatively high population density at its core and close economic ties throughout the area. The regions are neither legally incorporated as a city or town nor are they legal administrative divisions like counties and states. Metropolitan Statistical areas are defined by the Office of Management and

Budget (OMB) and based on the standards for Delineating Metropolitan Statistical Areas. For the purposes of this requirement, OWCP current claimant population is anticipated to be within 1 or more of these regions.

2 Non-Metropolitan Statistical Areas (Non-MSA) – A geographical delineated area no part of which is within an area designated as a standard metropolitan statistical area by the Office of Management and Budget and which does not contain a city whose population exceeds fifty thousand individuals. For the purposes of this requirement, OWCP will refer to these areas as “Rural” and OWCP’s current claimant population is anticipated to be within 1 or more of these areas.

http://www.omb.gov/ requirements as described below and per attachment A.

1.11.1 The Contractor shall ensure that all signed documents required under this task to execute the provisions of this task are submitted to the Government no later than 14 days after the award of the contract and prior to any work performed. The contract shall also maintain records pertaining to this requirement.

1.11.2 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this PWS shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All Contract staff using the DOL LAN/WAN and computer systems to perform duties under this PWS will agree to and sign the GSS Rules of Behavior for Computer Use, Major

Application Rule of Behavior and a Non-Disclosure Agreement. A copy of each signed and witnessed Non-

Disclosure agreement shall be submitted to the Contracting Officer (CO) prior to the employee performing any work under any task order. All Contractors must receive security awareness training prior to being given access to DOL systems and at least annually thereafter as required by DOL security policies.

1.11.3 The Contractor shall ensure that the proper user account forms are completed and submitted to

DFEC for all contract users needing access to the DOL systems. Such paperwork is needed for access to the

Government’s Current and future IT systems, DFEC’s DMP, and OWCP’s CBP portal. The specific forms will be provided to the Contractor at a later date.

1.11.4 The Contractor shall maintain user account request forms and security documentation review documents. Upon contract personnel resignation, dismissal or reassignment, the contract Project Manager shall notify the CO as soon as the fact of each departure is ascertained. At that time, 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.

1.11.5 The Contractor shall review information system accounts every 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.

1.11.6 Background Investigations. The Contractor shall comply with applicable agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-

12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information

Processing Standards Publication (FIPS PUB) Number 201. Contract employees must be able to pass a

NACI-level Government background check.

1.11.7 Privacy and Reasonable Accommodation. 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, all personnel assigned to this contract must take an online training course for handling Personally Identifiable Information (PII). This 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. Contractors will include in this online training information about reasonable accommodation in the FECA claims process including communication assistance to hearing and visually impaired claimants.

1.11.8 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.

1.11.9 Commitment to Protect Sensitive Information. 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).

1.11.10 The Contractor agrees that only persons authorized by the Government shall access and/or utilize the Government’s current and future IT systems, DFEC’s DMP, or CBP portal.

1.11.11 During the performance of this Task Order 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 Task 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:

a) Not to use such information for any purpose other than in the performance of the Task Order.

b) 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

Task Order.

1.11.12 The Contractor shall provide necessary support to the OIG, GAO or other auditors and provide any information or statistics needed for any audit.

1.11.13 Logical Security. The Contractor provides for logical security in accordance with the Federal information security standards. The Federal information security guidelines include, but are not limited to, the following:

OMB Memorandum M-07-16, Safeguarding Against and Responding to the Breach of Personally

Identifiable Information, May 22, 2007.

OMB Memorandum M-06-19, Reporting Incidents Involving Personally Identifiable Information and

Incorporating the Cost for Security in Agency Information Technology Investments, July 12, 2006.

OMB Memorandum M-06-16, Protection of Sensitive Agency Information, June 23, 2006.

OMB Memorandum M-06-15, Safeguarding Personally Identifiable Information, May 22, 2006.

Federal Information Processing Standards Publication (FIPS) PUB 140-2, Security Requirements for

Cryptographic Modules, May 25, 2001.

DLMS 9 – Chapter 1200 “Safeguarding Sensitive Data Including Personally Identifiable Information.”

To be provided as GFI.

1.11.14 The Contractor (and the individual nurses and vocational rehabilitation counselors) must not retain case-specific personal information or documents pertaining to a FECA case once the assignment has been closed. The individual nurses and vocational rehabilitation counselors are required to document in their final report (and certify in DMP) 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.

1.11.15 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 the assessment of negative incentives 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 (Attachment A) to notify the Government of all details of the security incident involving PII.

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.

1.12 LEGAL AND ETHICAL REQUIREMENTS: These requirements apply to any RC, FN, or TN performing work under this contract, as well as any administrative, clerical or other person acting on behalf of the Contractor.

1.12.1 Consistent with its responsibilities under applicable Federal disability nondiscrimination laws (including, but not limited to section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act

Amendments of 2008), any Contractor for DFEC must accommodate any disability of an individual involved in the nurse intervention and vocational rehabilitation process. For purposes of disability nondiscrimination law and

OWCP’s obligations, a “disability” is defined as a physical or mental impairment that substantially limits one or more of an injured worker or other individuals, major life activities.

1.12.2 The Contractor and/or its vocational rehabilitation counselors or nurses shall notify DFEC immediately upon receipt of a request for an accommodation from an individual involved in the vocational rehabilitation or nurse intervention process.

1.12.3 All in-person interactions must be held in accessible locations.

1.13 EMPLOYEE CONDUCT: All employees or Subcontractors shall be responsible for interacting professionally with IWs, physicians, healthcare professionals, employers, DFEC staff, attorneys, union personnel, and other

Government designees including other RCs, FNs, and TNs. (One case may have a RC or FN assigned simultaneously).

Contractor employees or Subcontractors shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States Government, the Department of Labor, or the Office of Workers’ Compensation

Programs.

1.14 REMOVING EMPLOYEES FOR SECURITY REASONS: The Government reserves the right to reject or deny any provider or contract employee for misconduct or security reasons. The CO will notify the Contractor of all violations and the Contractor will be responsible for removing and replacing those persons immediately, but no later than 5 days upon notification. Removal does not relieve the Contractor of the responsibility to continue to provide all services required under the awarded contract. The National Office COR in coordination with the CORD will provide the

CO with a written explanation to support any request to remove and/or replace an employee or Subcontractor prior to submission to the Contractor.

1.15 CONFLICT OF INTEREST: The Contractor shall not employ any person who is an employee of the United

States Government if that employment would appear to cause a conflict of interest*.

mailto:zzOWCPSECURITY@dol.gov

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. While 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.

Example 1: a DFEC Contractor may not have a contract with another Federal Agency to perform workers compensation or injury compensation case management services for their IWs; nor may a RC may provide FN or TN services under this contract. Further, a FN or TN may not provide RC services under this contract.

Example 2: an Offeror may have Federal contracts providing vocational rehabilitation services to the

Department of Veterans Affairs (DVA) but no RC, FN, or TN may provide services to any individual in both DOL and DVA capacities. An assigned RC, FN, or TN may only work with an IW for DFEC; 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.

*In cases where the Contractor may not be sure if a conflict of interest exists, they should contact DFEC for further guidance.

1.16 REASONABLE COMMUTING DISTANCE: The Contractor shall ensure all individual vocational rehabilitation counselors or field nurses who provide face-to-face services are so geographically distributed as to cover the needs of IW. For IWs who reside within the defined MSAs, no appointment shall require an RC or FN to commute more than 50 miles or one-hour driving time (whichever is shorter) from the point of departure without express permission of DFEC.

1.17 CONTRACTOR TRAVEL: All travel outside the standard distance shall be authorized in advance by DFEC.

All travel expenses associated with these services will be billed in accordance with this PWS (with supporting documentation) and reimbursed at no more than the General Services Administration (GSA) per diem rate for mileage and other allowable and associated costs. Travel costs associated with TN services are not authorized.

1.17.1 The following cover RC and FN travel expenses only:

(a) All travel in excess of 100 miles (one way) must be pre-approved by DFEC.

(b) RC and FN can bill for administrative time for travel in excess of 100 miles with the preapproval of the

DFEC.

i. 1 unit of service = 1 mile

(c) RC and FN can bill mileage at the GSA reimbursement rate for all travel.

(d) Parking costs and toll costs are reimbursed at the actual rate.

(e) RC and FN can bill for only 1 chargeable activity at a time and cannot charge for round trip transportation on one case when the transportation was not round trip and instead the service provider traveled from a necessary location for a prior DFEC case file to a new location. Transportation should be parsed between the applicable case files.

PART 2

DEFINITIONS & ACRONYMS

CBP – OWCP Central Bill Processor

CDMS - Certified Disability Management Specialist CCM - Certified Case Manager

CE – DFEC Claims Examiner

CMU - Contact Maintenance User(s)

CO – Contracting Officer

COR - Contracting Officer’s Representative: A representative designed by the Contracting Officer to perform surveillance and to act as liaison to the Contractor

CORD – The Contracting Officer’s Representative’s Designee: The District Office SN and/or RS assigned to provide technical direction and subject matter expertise. Coordinates through the CO and COR to address Contractor performance issues.

CCAA – Certified Career Assessment Associate

CRC – Certified Rehabilitation Counselor: Counselor in receipt of certification from the Commission on Rehabilitation

Counselor Certification

CRCC – Commission on Rehabilitation Counselor Certification CVE – Certified Vocational Evaluator

CWA – Certified Work Adjustment Specialist

DFEC – Division of Federal Employees’ Compensation: manages Federal Employees’ Compensation Act claims for injured Federal employees

DOL –Department of Labor

DMP - DFEC’s Disability Management Portal

EA – Employing Agency: the injured worker’s employer FAR – Federal Acquisition Regulation

FECA – Federal Employees’ Compensation Act

FECA-covered Medical Services: Services which meet the statutory criteria of being "likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation".

FN - Field Nurse: Registered Nurse providing nursing case management services; may be certified in one or more specialties

IW – Injured Worker with a claim under the Federal Employees’ Compensation Act and/or War Hazards

Compensation Act

MBE – DFEC Medical Benefits Examiner. A claims examiner with special focus on prescription management.

OASAM – Office of the Assistant Secretary for Administration and Management

OIG – Office of the Inspector General

OWCP – Office of Workers’ Compensation Programs

PII – Personally Identifiable Information

PWS – Performance Work Statement

POP – Period of Performance

PVE – Professional Vocational Evaluator

Quality Control (QC) - Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the PWS. The actions include the Contractor’s Quality Control Program and Quality

Control Plan

Quality Assurance (QA) - Those actions taken by the Government to assure services meet the requirements of the

PWS

RC – Vocational Rehabilitation Counselor

RN – Registered Nurse

RS – District Office Rehabilitation Specialist (Government Employee): Manages DFEC’s vocational rehabilitation program in the District Office’s given jurisdiction and provides day-to- day direction to RCs on individual assigned vocational rehabilitation cases ensuring timely and good quality services

SN –District Office Staff Nurse (Government Employee): Manages DFEC’s nurse intervention program in the

District Office’s given jurisdiction and provides day-to-day direction to FNs and TNs on individual assigned nurse services cases, ensuring timely and good quality services

SOAF – Statement of Accepted Facts: A concise, written summary of the relevant facts of a case file; the CE’s findings of facts which serves as a frame of reference for any/all stakeholders (medical providers, IWs, EAs, RCs, FNs, etc.)

TN – Triage Registered Nurse

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 GOVERNMENT FURNISHED ITEMS AND SERVICES:

The Contractor shall protect from unauthorized disclosure any materials or information made available by the

Government or that the Contractor has access to by virtue of the provisions of this contract, that are not intended for public disclosure.

The material and information made available to the Contractor by the Government, or that the Contractor comes into contact with in completing this contract, are the exclusive property of the Government. Any information or materials developed by the Contractor, its employees or Subcontractor’s in performance of this contract are also the exclusive property of the Government. Upon completion or termination of this contract, the Contractor shall provide to the

Government all materials (copies included) that were furnished to the Contractor by the Government and all materials that were developed by the Contractor, its employees or Subcontractor’s in the performance of this contract.

The Government will provide the following property, services, or equipment to the Contractor and/or their employees or Subcontractors performing services herein:

3.1.1 Disability Management Portal (DMP), a secure electronic portal that provides access to case records and a communication platform for TNs, FNs and RCs.

DMP must be used by the Contractor’s administrative staff for the purpose of receiving nurseand vocational rehabilitation assignments from the Government, assignment of cases to the Contractor’s TNs, FNs and RCs, administrative management of the…