36C10X19Q0046-001.docx

36C10X19Q0046

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C10X19Q0046

Derek Devine 240-215-1628 02-15-2019

2:00 PM (EST)

Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103

Frederick MD 21703

X

561330 $27.5 Million

X

N/A

See Section B.2

Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103

Frederick MD 21703

See Section B.1

See CONTINUATION Page Workers’ Compensation (WC) administrative case management Services for The Department of Veterans Affairs (VA), Office of Human Resources and Administration (HR&A), Office of Administration (OA) Office of Occupational Safety and Health

(OSH)

Se See Section B.3

See CONTINUATION Page

Carey M. Kauzlarich

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C10X Carey M. Kauzlarich Strategic Acquisition Center - Frederick Department of Veterans Affairs 5202 Presidents Court, Suite 103 Frederick, MD 21703

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. CONTRACTOR INSTRUCTIONS:

All invoices from the contractor shall be submitted electronically, in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

*** The Contract/Order number: TDB and PO# TBD MUST be included on all invoices.

Contracting POC: Derek Devine derek.devine@va.gov Contracting Officer’s Representative (COR) POC: *Information will be provided at time of award*

TUNGSTEN (f/k/a OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· VA TUNGSTEN Number: AAA544240062

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va-acquisition-regulation-electronic-submission-of-payment-requests http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily ACKNOWLEDGMENT OF

B.2 PERFORMANCE WORK STATEMENT

1. GENERAL INFORMATION

1.1 Introduction: The Department of Veterans Affairs (VA), Office of Human Resources and Administration (HR&A), Office of Administration (OA) Office of Occupational Safety and Health (OSH) is seeking a Contractor to provide Workers’ Compensation (WC) administrative case management services. The primary purpose is to secure a Contractor to implement and execute a WC Case Management Program that the Contractor will use to manage an assigned set of VA’s WC cases. Assigned cases will be limited to the Office of Information and Technology (OI&T), Veterans Benefit Administration (VBA) and Veterans Canteen Service (VCS).

1.2 Background: The VA employs a workforce of over three hundred eighty thousand (380,000) Federal civilian employees. VA has approximately seventeen thousand seven hundred (17,700) WC cases that require various levels of management with an approximate annual chargeback cost of $200 million. There is high turnover of VA staff managing WC cases, with one-third of the staff turning over each year. A complex set of skills is needed to manage and coordinate case activity administratively and with limited resources, VA is seeking a Contractor to implement and execute a centralized WC Case Management Program for an assigned group of these cases. Assigned cases will be limited to OI&T, VBA and VCS

1.3 Scope of Work: The Contractor shall provide administrative case management services (but not medical case management services), in compliance with 20 Code of Federal Regulations (C.F.R.) Part 10. WC cases will be assigned per year. Medical case management services are not included. When a case is assigned, the Contractor shall determine the status of each case, including the adequacy of the documentation in the Department of Labor (DOL) Office of Workers’ Compensation Programs (OWCP) case file, the agency case file, and VA’s corporate data system - Workers’ Compensation – Occupational Safety and Health/Management Information System (WC-OSH/MIS). The Contractor shall prepare a status report on each case summarizing findings and providing recommended follow-up actions. The Contractor shall complete, track, and report on all actions taken by the Contractor in managing the case to resolution and monitor completion of OWCP’s follow-up actions on the case. The Contractor shall also be responsible for task-level activities which include arranging a Post-Award Kick-Off Meeting, ad hoc status meetings with VA to discuss progress, and correspondence with the Contracting Officer’s Representative (COR), along with planning and implementing an Exit Meeting. The Secretary of the Department of Labor (DOL) has delegated the sole authority to administer workers’ compensation benefits under the Federal Employees’ Compensation Act (FECA) (5 U.S.C. §8101 et al) to the Office of Workers’ Compensation Program (OWCP). OWCP is exclusively responsible for the adjudication of workers’ compensation claims and all formal decisions regarding authorization of compensation and medical benefits.

1.4 Period of Performance: The period of performance is Twelve (12) months from date of award, with four (4) 12-month options, subject to the availability of funds.

1.5 Type of Contract: Firm-Fixed Price.

1.6 Place of Performance: The Contractor shall have one (1) centralized location to be used to perform the work with a physical plant and configuration that will facilitate timely administrative case management and communication with, between, and among VA and Contractor staff regarding this effort. The administrative case management work to be performed shall be done at the Contractor facility, with the case files maintained securely in accordance with OWCP procedures (DOL-GOVT-1 at http://www.dol.gov/sol/privacy/dol-govt-1.htm).

1.7 Travel: Two (2) trips to Washington, DC, are anticipated during the period of performance. During the base period, one (1) of the trips will be for the Post-Award Kick-Off Meeting and one (1) trip will be for a status meeting. Two (2) trips to Washington, DC, are anticipated during each option period for status meetings.

All travel must be approved in advance by the COR and Contracting Officer (CO), and recorded in a travel register. Travel and per diem shall be reimbursed in accordance with Federal Travel Regulations (FTR). Local travel within a 50-mile radius from the Contractor’s facility is considered the cost of doing business and will not be reimbursed. This includes travel, subsistence, and associated labor charges for travel time. Travel performed for personal convenience and daily travel to and from work at the Contractor’s facility will not be reimbursed. Travel, subsistence and associated labor charges for travel time for travel beyond a 50-mile radius of the Contractor’s facility are authorized on a case-by-case basis and must be preapproved in writing by the COR and CO. The travel cost will be reimbursed at cost. General & Administrative (G&A) expenses on travel will not be reimbursed. Contractor shall provide receipts for all travel expenses.

1. GENERAL REQUIREMENTS

1. The Contractor shall provide a single Contract Program Manager (PM) with at least five years' experience managing a federal workers’ compensation case management contract. The PM must be a Subject Matter Expert (SME) in the Federal Employees Compensation Act (FECA), 20 CFR Part 10 and all aspects of case management.

1. The Contractor shall employ a staff of SME’s with at least three years of experience in workers’ compensation case management and the knowledge and skills sufficient to perform the duties as required by this contract.

1. All written deliverables shall be phrased in plain language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

1. All deliverables shall be submitted in an encrypted electronic format to the COR. One (1) hard copy of each deliverable shall be provided upon request by the COR. Format requirements include letter size paper (8 1/2” x 11”), Arial 12 font, and creation in a program compatible with Microsoft (MS) Office programs (MS Word, Excel, or PowerPoint). Currently, VA uses the 2010 versions of MS Office programs but may update to a later version during the contract period of performance. VA will notify the Contractor if such an update occurs to ensure that deliverables are submitted in the correct format.

1. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

The Contractor shall perform the following tasks pursuant to Federal Employees’ Compensation Act (FECA) and DOL’s OWCP policies and procedures and provide the specific deliverables described below.

3.1 Task 1: Post-Award Kick-Off

A Post-Award Kick-Off Meeting shall be held within ten (10) business days after contract award at VA Central Office (VACO), 810 Vermont Avenue, NW, Washington, DC 20420. The Contractor shall attend the Post-Award Kick-Off Meeting for the base period in person. VA attendees, at a minimum, will include the COR, CO, Contract Specialist (CS), VA’s senior executives, and other VA personnel as appropriate. The Contractor shall provide a draft Work Plan five business (5) days prior to the kick off meeting that identifies all tasks, resources (i.e., number, labor category, and description), deliverables to be completed, and the corresponding timetable/delivery dates. The Work Plan shall include a prioritization scheme for WC cases assigned to the Contractor, with increased emphasis given to cases with higher costs. The Work Plan shall include both risk management and quality management activities to be performed by the Contractor. The Contractor shall have a Quality Control Program (QCP) that sets forth the procedures for self-inspecting the quality, timeliness, responsiveness, customer satisfaction, and other performance requirements in this PWS and provide an overview presentation on the QCP that identifies the key process activities. A Work Plan shall be prepared for the base period and each option period. The Contractor shall provide a final Work Plan within five (5) business days after receipt of the VA’s comments.

The Contractor shall identify an authorized Contractor Program Manager in the Work Plan, including the name and contact information. The Contractor Program Manager shall participate in the Post-Award Kick-Off Meeting, manage the Contractor’s ongoing work efforts under this task, and be the primary interface with VA’s COR on contract performance.

The Post-Award Kick-Off Meeting for any option period will be held via a conference call, rather than in person within ten (10) business days of the option exercise.

3.2 Task 2: Case Review

Case referrals will be made in the form of an email notification to the Contractor’s VA email address.

The email will include the following information:

• A generic subject line of “Case Referral (VBA, VCS or OI&T)” for each email notification of referral.

• Only the OWCP Case Numbers for case being referred will be placed in the body of the email.

• VA’s point of contact (POC) will provide any additional information needed in a password-protected Microsoft Word document and attach this document to the email. VA’s POC will send the password under separate email—and will not include it in the subject line.

Contract staff shall obtain case file information from the Agency Reviewer Imaging (ARI) available in DOL’s Employees' Compensation Operations & Management Portal (ECOMP) and OWCP Kiosk as necessary. The Contractor shall coordinate directly with VA’s POC, when there is a need for VA-specific administrative actions required on cases they manage to provide the best service possible in case management.

WC cases will be referred to the Contractor in monthly increments of up to 300 total cases. The total number of cases assigned to the Contractor will not exceed 300 for Fiscal Year (FY) 2019. VA will designate a POC and a backup POC for each assigned case. VA will update the Workers’ Compensation-Occupational Safety and Health/Management Information System (WC-OSH/MIS) to reflect assignment of a case to the Contractor. The WC case will be considered assigned to the Contractor when WC-OSH/MIS has been updated and the Contractor has created the case file. Creation of the agency case file shall occur within five (5) business days of assignment of the case in WC-OSH/MIS.

Assigned WC cases will comprise the full gamut of complexity of open cases in the WC claims universe. Any open WC case as well as newly filed claims are eligible for assignment to the Contractor. Cases will be mixed in age and difficulty. Priorities, as defined in the Work Plan, will be assigned to the cases, recognizing the increased level of effort required to handle older/more complex cases. Primary interest lies in returning partially disabled employees to suitable employment and removing claimants from the FECA roles where the residuals of any work-related injury have been resolved. The table below represents historical data for a small, random selection of VA’s WC cases. The following mix of complexity may be similar to cases assigned to the Contractor:

When a WC case is assigned, the Contractor shall review the assigned WC case to determine the following:

1. Status of each case,

1. Adequacy of the documentation found in the official OWCP file and

1. Completeness of data entries in VA’s corporate data system, WC-OSH/MIS, compared to the content of the case file.

The Contractor shall assess the materials for each case in terms of accuracy, completeness, whether the documentation, including current medical status, is up-to-date, and whether the Contractor has sufficient information upon which it may determine whether an assessment can be made regarding the likely return to work of the individual VA claimant. The Contractor shall separate the cases into categories reflecting the deemed likelihood of return to work and whether the information received is complete or will require further development. Commonly, there will only be partial FECA files held at the Agency. The agency case files may differ materially from the complete OWCP files as the VA does not normally receive all the material that OWCP receives on a given claim. For completeness, the Contractor shall retrieve the case file information from ARI available in ECOMP. Any additional documents not available in ARI shall be retrieved from the OWCP Kiosk. VA will issue an Agency Reviewer Imaging license to the Contractor to enable review of the case from the ECOMP website. The Contractor shall utilize ECOMP to upload supporting documents to FECA case files. The Contractor shall apply the priorities defined in the Work Plan to each case in each category. The Contractor shall use the categories and priorities to summarize the initial results for reporting to VA management for follow-up actions (e.g., Category – Incomplete Case Information and Priority – High Cost).

Upon receipt of a WC case referral from VA, the Contractor shall prepare and submit a Case Assessment Report that summarizes its findings to VA. In the Case Assessment Report, the Contractor shall identify the appropriate follow-up actions that the VA POC, the Contractor, and/or OWCP must take on each of the open and active claims. The Contractor shall complete its identified follow-up actions and monitor completion of OWCP’s follow-up actions. VA’s POC will work its identified follow-up actions and provide results to the Contractor as required. The Contractor shall monitor completion of follow-up actions assigned to OWCP and VA POC. If VA’s POC has questions regarding the Case Assessment Report, the VA POC will discuss with the Contractor. If VA’s POC is not responsive on assigned follow-up actions within ten (10) days, the Contractor shall report delays on the Monthly Progress Report and contact the COR.

Deliverable 3.2 (a): Agency Case File Creation Deliverable 3.2 (b): Case Assessment Report

3.3 Task 3: Case Monitoring

The Contractor shall serve as a Subject-Matter-Expert (SME) on FECA and DOL OWCP policies and procedures and shall be involved in the various facets of each assigned case and shall apply comprehensive case management techniques to bring the case to resolution. The Contractor shall prepare documentation of the injury/illness, obtain information from claimants via written inquiries, serve as a liaison with DOL OWCP to obtain information and file required documentation in the official OWCP file, monitor rehabilitation progress, and facilitate the claimant’s return to work. The Contractor shall provide its own system for case management and document preparation within their facility, including access to the OWCP Agency Query System (AQS) and any future DOL system, such as Digital Rights Management (DRM) licenses required to access OWCP information. VA will provide a request to DOL for authorization to access DOL Systems such as AQS, ACS and ECOMP. In addition, VA will issue a personal identity verification (PIV) card and authorize user provisioning after the required background investigations are complete, to allow access to VA’s WC-OSH/MIS portal via the internet to update case status.

Within its Centralized Case Management Program, the Contractor shall monitor the medical evidence provided by the claimant’s physician and other sources on assigned WC cases on a regular basis to determine the current medical condition of each claimant so a recommendation can be made regarding the claimant’s ability to return to work on either a full time regular basis or on a light duty basis and what type of future follow-up is necessary in each case. The Contractor shall make recommendations to the VA POC of the claimant’s ability to return to work to enable VA to make the appropriate placement decision. The Contractor shall coordinate directly with VA POC when there is a need for VA-specific administrative actions required on cases they manage to provide the best service possible in case management. The Contractor shall make periodic written contact with all VA claimants to determine whether VA’s claimant is able to return to work immediately or not. Contact shall be at least annually for cases coded by OWCP as “PN” (Periodic Roll, no wage-earning capacity) or “PW” (Periodic Roll, LWEC in place). Contact may be needed more frequently for cases coded “PR” (Periodic Roll), based on the medical condition—not to exceed two (2) times per month.

If it is necessary to obtain claimant medical condition update from a medical care provider, it shall be obtained only in writing. Contact with the employee’s medical care provider shall be considered necessary to obtain clarification of restrictions or if the claimant has not provided sufficient medical evidence from the medical care provider to make suitable placement decisions. All written documentation shall be placed in the claimant’s agency case file. If an email is received regarding a case, the Contractor shall print the email and place it in the agency case file. If there is verbal communication regarding a case, the Contractor shall prepare a written Report of Contact for the file, which includes date of conversation, case number, person(s) spoken with, Contractor name, and summary of conversation. This written Report of Contact shall be placed in the claimant’s agency case file.

Occasionally, the Contractor may request copies of the OWCP file data through VA’s COR to perform required duties under this contract. The COR, in conjunction with the VA POC, will provide copies of the facility’s OWCP file as soon as practicable.

In performing in-depth management and technical WC administrative case management for assigned cases, the Contractor shall prepare sensitive responses to correspondence concerning VA Workers’ Compensation cases and interface with the VA facility through the assigned VA POC, the COR, and the OWCP District Office.

The Contractor shall conceptualize, formulate, develop, and implement creative techniques to proactively manage the assigned WC case with the goal of reducing and preventing unnecessary payments to be authorized by OWCP. Detailed quarterly chargeback data will be available to the contractor through VA’s corporate data system – WC-OSH/MIS.

The Contractor shall review WC cases and inspect OWCP files as necessary to advise VA. When necessary, the Contractor shall provide case-related information to VA’s POC in conjunction with VA’s preparation of various administrative actions where warranted, other correspondence, and responses to inquiries/requests, including those from Congress.

The Contractor shall provide data regarding the VA’s WC program by tracking and reporting on each assigned case. Beginning with assignment of a case, the Contractor shall track and report on each case in the Contractor’s system. The Contractor shall provide the following information on each assigned case from the Contractor’s tracking system in an MS Excel spreadsheet and include the spreadsheet with the Monthly Progress Report:

1. Case number,

1. Status of each case review including the date of the status update,

1. The nature of injury or illness and the cause or type of injury or illness in the form of DOL codes and whether that code was entered on the claim provided to DOL,

1. The number of years a claimant has been on the compensation rolls,

1. Total cost of claims for medical, compensation, and death payments,

1. A detailed breakdown of the foregoing information/data by VA Administration/organization to show the incidence of injury and illness and to facilitate case management,

1. Information on any cost savings achieved through the Contractor’s administrative case management (such as savings on a current monthly basis calculated from compensation and/or medical expenses no longer being authorized, based on case actions. Projection to yearly/lifetime amounts will be left to VA), and

1. Cost avoidance savings (compensation costs, Continuation of Pay (COP) savings, medical cost savings, and subrogation cost savings from responsible third parties.

The Contractor shall provide a toll-free telephone number to answer WC questions (on cases being handled by the Contractor) from claimants and the VA POCs. VA anticipates a call volume of two (2) calls per case during the time that a case is assigned to the Contractor. It shall be staffed from 8:00 a.m. to 5:30 p.m. (EST) each business day and answered within four (4) rings by a live person; or by an electronic answering service when Contractor staff is unable to answer calls. The Contractor’s timeframe for delivery of a response to each question shall range from an immediate answer to no greater than two (2) business days after receipt of the question. Electronic answering service messages shall be returned within four (4) business hours.

While the official case file for each claimant is maintained in the OWCP District Office, the Contractor shall create and maintain VA’s agency case files for all assigned cases. The contractor shall maintain the agency cases files in an orderly fashion which allows efficient access and review, and ensures chronological structure.

The Contractor shall also maintain the status in WC-OSH/MIS until, such time as the case is returned to VA. VA’s POC will forward case-related information to the Contractor. The Contractor shall update the WC-OSH/MIS at least bi-monthly to note no changes or any time there is any status change. WC-OSH/MIS supports data entry and does not support electronic transfer of data from a system.

The agency case file in the Contractor’s possession shall be returned to VA upon resolution of the claim. Resolution will be defined in diverse ways dependent upon the specific case. The claims shall be managed by the Contractor until a final adjudication decision is reached by OWCP, after all reasonable case management actions have been taken. Should contractor reach an impasse on any given case, contractor shall solicit guidance from the COR regarding disposition on the case.

The Contractor shall ensure that the agency case files include all relevant OWCP forms, medical reports, and correspondence with or from DOL OWCP, including medical and appeal hearing reports and findings.

The Contractor shall also make available to VA’s COR, upon request within five (5) business days, a hardcopy of an individual agency case file or a summary of the data so that the COR can review specific cases. Alternatively, VA’s COR or a VA POC may visit the Contractor’s facility and review the agency case files in the Contractor’s facility.

Upon termination or end of the contract, all agency case files shall be turned over to VA’s COR prior to the end of the period of performance. When cleared to do so by the COR, the Contractor shall destroy all VA information stored in the Contractor’s case tracking system and present certification of this destruction to the COR.

The Contractor shall submit, to VA’s COR, a Monthly Progress Report which presents the status of each assigned case on the Case Review Spreadsheet. The report shall include summary information on assigned cases for the month and running totals for the period of performance:

1. Number of assigned cases,

1. Number of open cases in each priority,

1. Number of resolved cases,

1. Number of cases returned to VA, and

1. Follow-up actions assigned to VA POC requiring VA COR attention.

The report shall include call statistics for the toll-free telephone number:

1. Total number of calls received during the month,

1. Number of calls answered by a live person,

1. Number of electronic answering machine messages received, and

1. Response time for each question, using the following reporting intervals: Immediate, Up to Two Hours, Up to Four Hours, Up to Eight Hours, Greater Than Eight Hours, and No Answer Provided. This information shall be categorized by whether the question was answered by a live person or an electronic answering machine.

The report shall include identified risks and issues related to the Contractor’s administrative case management activities as well as performance metrics. VA’s COR will discuss the report with the Contractor Program Manager as required. VA’s COR may request one (1) face-to-face status meeting at VACO during the base period and two (2) face-to-face discussions during any option period.

3.4 Task 4: Exit Briefing

Prior to end of the contract, the Contractor’s Program Manager shall develop and deliver a closeout briefing on the status of the cases assigned to the Contractor. The briefing shall include a summary of the work completed during the period of performance as well as pending cases and lessons learned regarding administrative case management for VA.

Deliverable 3.4 (a): Exit Briefing - An executive briefing shall be provided to VA five (5) days prior to the end of each period of performance.

1. Deliverables

The Contractor shall provide the following deliverables during the base period and any option period.

1. Quality Control Program Overview Presentation

1. Draft Work Plan

1. Final Work Plan

1. Due within ten (10) business days of contract award or exercise of option

1. Draft due five business days prior to the Post-Award Kick-Off Meeting with Final due within 5 business days after receipt of VA comments.

1. Draft due five business days prior to the Post-Award Kick-Off Meeting

1. Final due within five (5) business days after receipt of VA’s comments

1. Case Assessment Report

1. Due within five (5) business days of case assignment

1. Due within ten (10) business days following assignment of case

1. Agency Case File Return – Resolved Case

1. Agency Case File Return – Contract End

1. Case Review Spreadsheet

1. Monthly Progress Report

1. Ongoing throughout Period of Performance

1. Due within thirty (30) business days of case resolution

1. Due ten (10) business days prior to the end of the contract

1. Due with Monthly Progress Report

1. Due by close of business on the last business day of the month

1. INSPECTION AND ACCEPTANCE CRITERIA

VA’s COR will complete final inspection and acceptance of all work performed, reports, and deliverables at the time tasks are completed as indicated in the Schedule of Deliverables. The COR has final approval and acceptance authority for all deliverables and required documentation. The Contractor shall not construe any letter of acknowledgement of receipt material as a waiver of review, or as an acknowledgement that the material is in conformance with this PWS. Any approval given during preparation of the documentation shall not guarantee the final acceptance of the completed documentation. The Contractor shall correct deficiencies within five (5) days of rejection at no additional cost to the Government. The Government will have five (5) business days to review subsequent submissions of the same deliverables. Overall quality measures, as set forth below, will be applied to each work product received from the Contractor under this PWS.

1. Accuracy – Work Products shall be accurate in presentation, technical content, and adherence to accepted elements of style;

1. Clarity – Work Products shall be clear and concise. Any/all diagrams shall be easy to understand and be relevant to supporting the narrative;

1. Consistency to Requirements – All work products shall satisfy the requirements of this PWS;

1. File Editing – All text and diagrammatic files shall be editable by the Government;

1. Format – Work Products shall be provided in an encrypted electronic format using the software applications included within Microsoft Office. The VA COR may request one (1) hard copy of each deliverable. The Work Plan shall first be submitted in DRAFT form. Format requirements include letter size paper (8 1/2” x 11”), Arial 12 font; and

6) Timeliness – Work Products shall be submitted on or before the due date specified in this PWS.

The Contractor shall monitor performance against the established delivery dates, risks, and resource support outlined in the approved Work Plan and Quality Control Program. The Contractor shall report any deviations in the Monthly Progress Report. As a minimum, the following performance metrics shall be included:

Provides quality services, including an effective working relationship with DOL OWCP, effective communication with VA POCs, and knowledge transfer regarding each case to the VA

Provides quality written documentation for each WC case in conformance with 20 C.F.R. 10, which is accurate, complete, clear, concise, readable, and consistent with other documentation

Delivers services in accordance with delivery timeline, beginning with creation of the Case Assessment Report for each assigned case in a timely manner

Delivers complete progress reports in a timely manner as outlined in the delivery schedule

Notifies VA in advance of potential risks and issues

Uses team of personnel possessing the necessary knowledge, skills, and abilities to perform the work

Delivered services of the highest quality in review of 300 WC cases, resulting in a decrease in the VA’s backlog of WC cases and return to work for eligible employees

The Government will utilize a Quality Assurance Surveillance Plan (QASP) throughout the life of the contract to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government reserves the right to alter or change the QASP at its own discretion. A Performance Based Service Assessment Survey will be used in combination with the QASP to assist the Government in determining acceptable performance levels.

1. VA INFORMATION and INFORMATION SYSTEM SECURITY/PRIVACY REQUIREMENTS

6.1 General

Contractors, Contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

6.2 Access to VA Information and VA Information Systems

a. A Contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All Contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for Contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order (EO) 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

All Contractor employees who require access to the VA’s computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Law Enforcement Training Center/SIC prior to performing any part of the contract. The level of background investigation will commensurate with the required level of access in National Agency Check with Written Inquiries (NACI). The position sensitivity impact for this effort has been designated as Low Risk. The average cost to the Contractor is $230 per NACI investigation.

These requirements are applicable to all subcontractor personnel requiring the same access. If the security clearance investigation is not completed prior to the start date of the contract, the employee may work on the contract while the security clearance is being processed, but the

Contractor will be responsible for the actions of those individuals they provide to perform work for VA. If damage arises from work performed by Contractor personnel, under the auspices of the contract, the Contractor will be responsible for resources necessary to remedy the incident.

The investigative history for Contractor personnel working under this contract must be maintained in the databases of either the Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the Contractor use a vendor other than OPM or Defense Security Service (DSS) to conduct investigations, the investigative company must be certified by OPM/DSS to conduct Contractor investigations.

d. Custom software development and outsourced operations must be in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the Contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The Contractor or subcontractor must notify the CO immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the Contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the Contractor or subcontractor prior to an unfriendly termination.

6.3 VA Information Custodial Language

a. Information made available to the Contractor or subcontractor by VA for the performance or administration of this contract or information developed by the Contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of VA. This clause expressly limits the Contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the Contractor’s/subcontractor’s information systems or media storage systems, in order, to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the Contractor must ensure that VA’s information is returned to VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of Contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, Contractor/subcontractor must not destroy information received from VA, or gathered/created by the Contractor during performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a Contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the Contractor that the data destruction requirements above have been met must be sent to the VA CO within thirty (30) days of termination of the contract.

d. The Contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The Contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on Contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the Contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the Contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) Part 12.

g. The Contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

h. The Contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

i. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the Contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The Contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA CO for response.

j. Notwithstanding the provision above, the Contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the Contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that Contractor/subcontractor shall immediately refer such court orders or other requests to VA’s CO for response.

k. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the Contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR. The CSCA for this contract shall be delivered to the COR within thirty (30) calendar days of contract award and within thirty calendar days of the exercise of an option year.

6.4 Security Incident Investigation

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The Contractor/subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the Contractor/subcontractor has access.

b. To the extent known by the Contractor/subcontractor, the Contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where VA information or assets were placed at risk or compromised), and any other information that the Contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach.