Attachment A Draft SOO.docx

DRAFT

Statement of Objectives (SOO) FRA Third-Party Medical Review Services

(1) Purpose The purpose of this requirement is to establish a contract for professional medical review services to support the Federal Railroad Administration (FRA) Reasonable Accommodations (RA) Program Manager (APM). The contractor shall provide a licensed medical expert’s objective clinical analysis to ensure that all RA determinations are evidence-based, legally defensible, and processed in a timely manner. RA determinations are to include occupational health and related services to promote and maintain the physical and mental fitness of federal employees in the workforce. The licensed medical experts assist agency managers with addressing medical issues related to federal regulations such as reasonable accommodation, aimed at increasing worker productivity and reducing lost workdays. The contractor may also consult with federal managers about employee issues related to:

· Family Medical Leave Act (FMLA) requests

· Return to work and medical fitness for duty evaluations

· Advanced sick leave and leave bank requests

· Other review services based upon specific agency requests where appropriate

(2) Scope The contractor shall serve as a licensed medical doctor and expert to assist the APM when medical documentation is complex or insufficient. The scope includes:

· Medical Record Review: Analyzing medical documentation provided by employees or applicants to assist the FRA APM in determining whether there is an impairment that qualifies as a "disability" under the Rehabilitation Act or the Americans with Disabilities Act (ADA). All reviews, assessments, and reports must be conducted by a licensed medical doctor. Each submission to the Government must include documented evidence of the performing physician’s licensure.

· Functional Assessments: Evaluating the extent to which an impairment limits major life activities and providing a specific analysis of how it impacts the requester's ability to perform the essential functions of their job.

· Provider Engagement: Conducting direct outreach to the requester’s private medical providers, with appropriate authorization, to seek clarification or additional information when initial medical documentation is insufficient in accordance with FRA Order 3339.1: Processing Requests for Reasonable Accommodation.

· Functional Limitation Reporting: Producing written reports for the APM that detail workplace-relevant limitations.

· Medical Record Keeping: Medical records will be processed in accordance with the disclosure provisions in the Privacy Act of 1974, OPM/Govt-5 and OPM/Govt-10 System of Records Notice. All medical records created during this agreement must include the employees’ name and date of birth.

(3) Period and Place of Performance

· Period of Performance: One (1) 12-month base period with four (4) 12-month option periods.

· Place of Performance: Work shall be performed remotely at the contractor's facility.

(4) Background FRA Order 3339.1 mandates that, absent extenuating circumstances, FRA must provide a decision and accommodation to the requester within 25 business days of a request. To eliminate delays and ensure compliance with statutory and policy requirements, FRA requires specialized clinical expertise that can advise and provide supplemental information to FRA’s Reasonable Accommodation Advisory Panel (RAAP) during case reviews. Professional third-party medical reviews are necessary to provide an objective opinion regarding medical necessity, particularly for complex cases.

(5) Performance Objectives (Required Results)

· Turnaround Time: The contractor must deliver a completed medical review and functional analysis within ten (10) business days for standard reviews and within fifteen (15) days for complex reviews upon receipt of a case file. If a submission is identified by the Contractor as a complex review, the Contractor must notify the APM within 48 hours of receipt.

· Separation of Medical and Functional Data: Written reports to the APM must clearly distinguish sensitive clinical findings from workplace functional limitations

· Clinical findings are strictly for medical record-keeping. Clinical records shall not be shared directly with the Decision Maker (DMO).

· Functional limitations must be articulated in a manner that allows the APM to discuss them with the DMO without disclosing the specific diagnosis.

· Legal Neutrality: The contractor shall provide objective, medical-based opinions that can withstand legal scrutiny during Office of Chief Counsel (RCC) reviews, EEO investigations, or grievance proceedings.

(6) Operating Constraints

· Strict Confidentiality: The contractor must adhere to Section 12 of FRA Order 3339.1 and the Privacy Act of 1974. A strict firewall must be maintained; the contractor shall not communicate directly with supervisors or DMOs regarding medical data, documentation, or diagnosis.

· Data Security: All medical documentation must be stored in secure, password-protected, or otherwise encrypted electronic files and destroyed according to FRA retention policies.

· Departmental, Statutory, and Regulatory Alignment: All medical determinations and functional analyses must align with the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), the Pregnant Workers Fairness Act (PWFA), the Genetic Information Nondiscrimination Act of 2008 (GINA), and 5 CFR Part 293, Subpart E (Employee Medical File System Records), FRA Order 3339.1, and DOT Order 1011.1B.