Attachment 1 - PWS BIS Medical Exam.pdf

DEPARTMENT OF COMMERCE OFFICE OF ACQUISITION MANAGEMENT

PERFORMANCE WORK STATEMENT

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PERFORMANCE WORK STATEMENT:

MEDICAL CLEARANCE AND SURVEILLANCE

EXAMINATIONS

FOR

BUREAU OF INDUSTRY AND SECURITY

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1.0 Task Order Overview

This is a non-personal services Blanket Purchase Agreement (BPA). The Government will not exercise any supervision or control over the task order service providers performing the services herein. Such task order service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government as defined in this Performance Work Statement (PWS). The Contractor shall perform to the standards in this task order.

2.0 Background

The Bureau of Industry and Security (BIS) aims to advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership. The Office of Export Enforcement (OEE) is comprised of special agents who are sworn Federal law enforcement officers with authority to make arrests, execute search warrants, serve subpoenas, and detain and seize goods about to be illegally exported. The duties of OEE special agents require moderate to arduous physical exertion involving walking and standing, use of firearms, and exposure to inclement weather. Manual dexterity with comparatively free motion of finger, wrist, elbow, shoulder, hip, and knee joints is required. Arms, hands, legs, and feet must be sufficiently intact and functioning in order that applicants may perform the duties satisfactorily. Sufficiently good vision in each eye, with or without correction, is required to perform the duties satisfactorily. Near vision, corrective lenses permitted, must be sufficient to read printed material the size of typewritten characters. Hearing loss, as measured by an audiometer, must not exceed 35 decibels at 1000, 2000, and 3000 Hz levels. Since the duties of these positions are exacting and responsible, and involve activities under trying conditions, applicants must possess emotional and mental stability. Any physical condition that would cause the applicant to be a hazard to himself/herself, or others is disqualifying.

2.1 Objective

The Bureau of Industry and Security has a need to ensure that applicants must be physically and mentally able to perform efficiently the essential functions of the position, with or without reasonable accommodation, without hazard to themselves or others.

Depending on the essential duties of a specific position, usable vision, color vision, hearing, or speech may be required. An estimated 30-300 screenings will be required over the duration of the contract, dependent on Congressional funding. However, in most cases, a specific physical condition or impairment will not automatically disqualify an applicant for appointment. The loss or impairment of a specific function may be compensated for by the satisfactory use of a prosthesis or mechanical aid. The basis on which agencies may establish specific medical standards or physical requirements is discussed in 5 CFR 339. In general, there must be a direct relationship between the medical standard or physical requirement and the actual duties of the position being

3 | P a g e filled. Failure to meet an established medical standard or physical requirement means that the individual is not qualified for the position unless there is sufficient evidence that he or she can perform the duties of the position safely and efficiently despite a condition that would normally be disqualifying.

The medical information collected as part of a medical clearance or surveillance examination will be reviewed by a Reviewing Medical Officer (RMO) in order to make a medical recommendation to an agency about a worker's ability to perform their job duties safely. The RMO is a board-certified occupational medicine physician who has specialized training, expertise, and experience rendering opinions about whether an applicant or employee is medically qualified to perform the duties of their position. The RMO utilizes federal, agency specific, and industry medical standards established prior to the examination to make a medical determination.

For clearance case reviews, the RMO makes a determination about whether the applicant or incumbent meets job specific medical standards to safely perform work that is arduous, involves a high degree of sensitivity toward the public or sensitive national security concerns, or puts employees at risk of hazardous exposures during the course of performing essential job duties. These exams may be required to meet requirements for compliance with the standards set by Occupational Safety and Health Administration (OSHA) or other regulatory bodies in addition to medical standards developed according to 5 CFR 339. These examinations may be performed prior to employment for applicants, for periodic medical evaluation of incumbents (i.e., medical examination, lab results review, etc.), before return to work after an injury, or to determine an incumbent's ongoing fitness for duty when a change in health status has caused concern about the worker's or others' safety.

When conducting medical screening and surveillance case reviews, the RMO determines whether there is a change in the health status of an employee due to potential exposure at work. The requirements for these examinations often fall under the general, rather than a specific, OSHA standard. In the absence of specific OSHA guidance, the criteria used to render medical determinations for these examinations require RMO research and expertise in collaboration with the agency POC (TBD) in order to develop consistent protocols for evaluation that are based on sound occupational health practice.

3.0 Requirement

3.1 The Contractor shall provide all personnel, equipment, supplies, facilities, tools, materials, supervision, and other items and non-personal services necessary to perform this requirement. No government-furnished equipment (GFE) will be provided.

Candidates must have the ability to receive and maintain a public trust security clearance.

3.2 The Contractor shall monitor performance in accordance with the approved Quality Control Plan (QCP). The Contractor shall develop and implement procedures to identify, 4 | P a g e prevent, and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which they will ensure work complies with the requirements of the task order.

3.3 The Contractor shall at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the Contractor shall consider the stability and continuity of the workforce are essential.

3.4 The Contractor shall perform pre-employment medical exams on employees who: 1) must meet job specific medical standards to safely perform work which involves a high degree of sensitivity toward the public or sensitive national security concerns; 2) perform work that is arduous; and/or 3) may be at risk of hazardous exposures while performing essential job duties. The examinations will be performed prior to employment for applicants, for periodic medical surveillance of incumbents, before return to work after an injury, or to determine an incumbent's ongoing fitness for duty when a change in health status has caused concern about the worker's or others' safety. These exams may be required to meet requirements for compliance with the standards set by OSHA or other regulatory bodies in addition to medical standards developed according to 5 CFR 339.

4.0 Task

4.1 Preliminary Consultation: Before services are initiated, a brief consultation will be performed which will include a Subject Matter Expert knowledgeable in the nature of work to be provided.

4.1 Scheduling of Medical Examinations: The contractor will coordinate with customer agencies to establish a standard protocol for the scheduling of examinations. The protocol will be designed to ensure that applicant examinations are scheduled in a timely manner to support the customer agencies' hiring timelines and that the periodic incumbent exams are scheduled according to the frequency outlined in the agencies' medical standards or to meet the timeline of medical surveillance protocol requirements.

4.2. Examination Performance: The examinations will be performed in established contractor clinics or in alternative locations through the contractor’s private provider network when agencies elect these locations due to geographic location that is favorable to the agency employees. The examinations are performed by licensed independent practitioners (LIP) including physicians (MD or DO), nurse practitioners (NP) or physician assistants (PA). Customer agencies that request that examinations are performed only by physicians are accommodated.

4.3 Examination Components: The components of the examination will vary based on specific customer agency requirements but may include any or all the following:

• LIP review of medical history

• LIP performance of physical examination and review of test results

• Laboratory testing including venipuncture

• Audiogram

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• Vison testing: (near, distant, depth, peripheral, color)

• Electrocardiogram

• Exercise Treadmill Testing - routine or specialized (stress echo, stress nuclear, other)

• Fitness evaluation

• Record processing

4.4 Pre-employment medical exams will be conducted to support the following medical requirements:

• Manual dexterity with comparatively free motion of finger, wrist, elbow, shoulder, hip, and knee joints are required.

• Arms, hands, legs, and feet must be sufficiently intact and functioning in order that applicants may perform the duties satisfactorily.

• Sufficiently good vision in each eye, with or without correction, is required to perform the duties satisfactorily. Near vision, corrective lenses permitted, must be sufficient to read printed material the size of typewritten characters.

• Hearing loss, as measured by an audiometer, must not exceed 35 decibels at 1000, 2000, and 3000 Hz levels.

• Since the duties of these positions are exacting and responsible, and involves activities under trying conditions, applicants must possess emotional and mental stability.

• Any physical condition that would cause the applicant to be a hazard to himself/herself, or others is disqualifying.

4.5 Pre-employment medical exams will be conducted to support the following physical requirements:

• Moderate lifting, 15-44 pounds.

• Heavy carrying, 45 pounds and over.

• Straight pulling (intermittent).

• Reaching above the shoulder.

• Use of fingers.

• Both hands required.

• Walking (8 hours).

• Standing (4 hours).

• Crawling (intermittent).

• Kneeling (intermittent).

• Climbing, use of legs and arms.

• Both legs required.

• Operation of motor vehicle.

• Ability for rapid mental and muscular coordination simultaneously.

• Ability to use and desirability of using firearms.

• Near vision correctable at 13" to 16" to read Jaegar 1 to 4.

• Specific visual requirement (vision correctable to not less than 20/20 in one eye and 20/40 in the other eye).

• Normal peripheral vision.

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• Depth perception.

• Ability to distinguish basic colors.

• Hearing (aid not permitted).

• Specific hearing requirement (able to hear conversational voice at 20 feet with both ears):

o Hearing loss (audiometer) not to exceed 35 Dc at 1000, 2000, 3000 Hz.

• Maintain balance – climbing.

• Emotional and mental stability.

• Ability to run/walk 1.5 miles.

• No episodes of syncope.

• Manual dexterity.

• No significant speech disorder.

4.6 BIS requires medical review of the examinations performed; the contractor will provide review by a board-certified occupational health specialist physician.

4.7 Determination Sent to the Agency: Vendor will send a standard reporting format from the RMO to the designated customer agency Point of Contact electronically through secure send or encrypted email. The report will contain specific information depending on whether the review is for clearance or surveillance. The RMO determination will address:

• Whether the applicant or employee is medically cleared to work with or without restrictions

• Whether the applicant or employee is medically unable to work

• Employee has a suspected work-related injury or illness

• Whether or not additional information is needed to make the medical determination

• Whether to accelerate exam frequency and/or further evaluation such as additional medical testing or a Fitness for Duty evaluation is warranted.

In addition, for Surveillance case review, the RMO determination will address:

• Whether the health status of an employee has changed due to a potential workplace exposure

• Whether work areas require further evaluation due to medical information that that raises suspicion for an unsafe work environment

4.8 All exam items will be submitted via a secure, encrypted, and HIPAA-compliant electronic platform (e.g., secure send, encrypted email).

4.9 Recordkeeping: The contractor may, upon written request from the agency, serve as the custodian of record if applicable when employee medical records are created or maintained under this agreement. All medical records created must include the client's name, date of birth, and social security number and will be managed according to the

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OPM Govt-10 System of Records Notice and archived to National Personnel Records Center.

5.0 Place of Performance

Contractor support shall be performed at to include, but not limited to, any of the following domestic metropolitan regions: Atlanta, Georgia; Boston, Massachusetts;

Chicago, Illinois; Dallas, Texas; Houston, Texas; San Antonito, Texas; Los Angeles, California; Miami, Florida; New York, New York; Phoenix, Arizona; Portland, Oregon;

Washington, D.C.; Denver, Colorado; Minneapolis, Minnesota; and San Jose, California, in addition to USG (DoW and State) facilities.

6.0 Period of Performance

The total period of performance is a twelve (12) month base with four (4), twelve (12) month option periods from date of award.

7.0 Hours of Operation

Under this task order, the Contractor is responsible for conducting business in accordance with their hours of operation.

8.0 Qualifications

The Contractor is responsible for and shall ensure staff are properly trained and hold the appropriate credentials as required for the services being performed.

9.0 Reports and Deliverables

9.1 The Contractor shall attend progress meetings requested by the contracting activity or task order administration. The Contracting Officer, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the CO will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

9.2 Monthly Progress Report (MSR)

The contractor shall submit the Monthly Status Report (MSR) to the COR in Microsoft Word format no later than the 5th of each month. At a minimum, the report shall track the submission of deliverables and detail the status of each. The report shall cover all work completed during the reporting period and reflect data as of the last day of the

8 | P a g e preceding month. If a problem or issue has not been completely resolved, contractor shall provide an explanation including its plan and timeframe for resolving the issue.

The report shall detail work planned for the subsequent reporting period. The COR will certify the report.

9.3 Completed medical examination report including supporting documentation related to the exams.

10.0 Attachment/Technical Exhibit List

10.1 Attachment 1/Technical Exhibit 1 - Performance Requirements Summary

10.2 Attachment 2/Technical Exhibit 2 - Deliverables Schedule

10.3 Attachment 3/Technical Exhibit 3 – Monthly Status Report Requirements

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TECHNICAL EXHIBIT 1

Performance Requirements Summary The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required— usually a shall statement)

Performance Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The Contractor shall contact the candidate to request the scheduling of appointments

The Contractor will contact the candidate within 1 business day of response from the candidate

98% Monthly Reporting

PRS # 2

The Contractor shall provide the Government and the candidate a schedule of examinations

Contractor shall provide within 2 business days of receipt of request

98% Monthly Reporting

PRS # 3

The Contractor shall schedule all appointments with the candidate

The Contractor will schedule all appointments to be completed within 15 business days of response from the candidate

95% Monthly Reporting

PRS # 4

The Contractor shall complete a final review of all appointments

The Contractor will complete the final review within 25 business days of the initial candidate response

98% Monthly Reporting

PRS # 5

The Contractor shall complete a final report

The Contractor will provide a final report within 30 business days of the initial candidate response

98% Monthly Reporting

PRS # 6

The Contractor shall notify the Government if the candidate fails to reply to requests for appointment within 3 business days

The Contractor will notify the Government of any non-responsive candidate the third business days after initial request for scheduling

100% Monthly Reporting

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PRS # 7

The Contractor shall rectify all inadequate reports (per the COR)

The Contractor shall rectify all inadequate reports within 5 business days

<2% defect rate Monthly Reporting

PRS # 8

The Customer shall provide a quarterly customer satisfaction survey

The Contractor shall provide a quarterly customer satisfaction survey, to be developed in conjunction with the Government, on a quarterly basis

4.5 (out of 5)

Quarterly Customer Satisfaction Report

PRS # 9

The Customer shall provide a Monthly Status Report

The Contractor shall provide a monthly status report within 5 business days of each month

100% Monthly Reporting

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TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

This technical exhibit lists any reports or documentation that is required as a deliverable to include the frequency, # of copies, medium/format and who/where it is to be submitted. A deliverable is anything that can be physically delivered but may include non-physical things such as meeting minutes.

Note: All PWS deliverables should be included in this exhibit.)

Deliverable Frequency # of Copies Medium/Format Submit To Monthly Progress Report (9.2)

Monthly by the 5th business day of each month covering the previous month.

1 copy submitted electronically by email

MS Office or PDF formats

TM, COR, CO

Kickoff Meeting Once within ten (10) days of contract award

N/A In-person or via MS Teams

N/A

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TECHNICAL EXHIBIT 3

REPORTING REQUIREMENTS

This technical exhibit identifies the report components mandatory for the monthly report:

• Candidate name

• Date candidate received

• Date candidate contacted

• Date of appointment

• Time of appointment

• State

• Show / No Show

• Date results received and sent for review

• Date review completed

• Candidate determination

• Date submitted to DOC

• Status

• Performance elements as described in Technical Exhibit 1

TECHNICAL EXHIBIT 1