DOL121RP21406 _2_ Medical Second Opinion- Washington DC.pdf

PAGE 1 OF1. 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

EMERGING SMALL

BUSINESS

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.

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. 3/2005)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL: Carmelita C. Lariba 202-693-4588 31 May 2012; 2:00 PM EST

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 65-129E-1034

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 82

DOL121RP21406 April 25, 2012

OASAM Office of Procurement Services X U. S. Department of Labor

RM S4307

200 Constitution Ave., NW Washington DC 20210 621111

$10.0M

N/A

X

U. S. Department of Labor

200 Constitution Ave., NW

Washington DC 20210

OASAM Office of Procurement Services U. S. Department of Labor

RM S4307

200 Constitution Ave., NW Washington DC 20210

OASAM BRANCH OF INVOICE PAYMENTS

RM: S-5526

US DEPARTMENT OF LABOR

200 CONSTITUTION AVENUE, NW

WASHINGTON DC 20210

See CONTINUATION Page

See CONTINUATION Page

X X

Second Medical Opinion services – Washington, DC See schedule B Firm Fixed Price/IDIQ Service Contract Base Year plus 4 option year periods Period of Performance are as follows:

Base Year Period: 3 July 2012 – 2 July 2013 First Option Year Period: 3 July 2013– 2 July 2014 Second Option Year Period: 3 July 2014 – 2 July 2015 Third Option Year Period: 3 July 2015 – 2 July 2016 Fourth Option Year Period: 3 July 2016 – 2 July 2017

DOL121RP21416

Table of Contents

PART 1 – The Schedule

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS............................................................. -

B.1 PRICE/COST SCHEDULE

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

[there are NO clauses in this Section]

SECTION E - INSPECTION AND ACCEPTANCE.....................................................................................-

E.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

SECTION F - DELIVERIES OR PERFORMANCE

F.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

F.2 DELIVERY SCHEDULE

[there are NO clauses in this Section]

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (MAY 2004)

G.2 SUBMISSION OF INVOICES……………………………………………………………………

G.3 PERIOD OF PERFORMANCE…………………………………………………………………. ….

G.4 INCORPORATION OF CONTRACTOR'S PROPOSAL………………………………………

G.5 ACCURACY OF RESUMES…………………………………………………………………………

G.6 POINT OF CONTACT………………………………………………………………………………..

G.7 STANDARDS OF WORK………………………………………………………………………..….

SECTION H - SPECIAL CONTRACT REQUIREMENTS

[there are NO clauses in this Section]

Part II – Contract Clauses

SECTION I - CONTRACT CLAUSES

I.1 NOTICE LISTING CONTRACT CLAUSES INCORPORATED BY REFERENCE

I.2 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUL 2010)

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2011)

I.4 52.216-18 ORDERING (OCT 1995)

I.5 52.216-19 ORDER LIMITATIONS (OCT 1995)

I.6 52.216-22 INDEFINITE QUANTITY (OCT 1995)

I.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

I.9 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009) .

I.10 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR

RELATIONS ACT (JAN 2010) (DEVIATION)

I.11 52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT ACT - PRICE

ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (SEP 2009)

I.12 52.222-52 EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT TO

CONTRACTS FOR CERTAIN SERVICES--CERTIFICATION (NOV 2007)

I.13 52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (JAN 2009)

I.14 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

I.15 52.249-14 EXCUSABLE DELAYS (APR 1984)

I.16 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

Part III – List of Documents, Exhibits, and Other Attachments

SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

J.1 DEFINITIONS ACCEPTED BY OWCP2……………………………………………………….

J.2 OWCP FORMS……………………………………………………………………………………..

Part IV – Representations and Instructions

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF

OFFERORS

K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2010)

K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (APR 2010)

K.3 SIGNATURE BLOCK

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

L.2 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2008)

L.3 52.216-1 TYPE OF CONTRACT (APR 1984)

L.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

L.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

SECTION M - EVALUATION FACTORS FOR AWARD

M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

M.2 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

B.1 PRICE/COST SCHEDULE

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

BASE YEAR PERIOD: 3 July 2012 – 2 July 2013

0001 Medical Second Opinion 700 EA ______________ ______________

0002 Impairment rating examination 300 EA ______________ ______________

0003 Supplemental Reports 100 EA _______________ ______________

0004 Follow-up Reports 100 EA _______________ ______________

0005 File Reviews 100 EA _______________ _____________

GRAND TOTAL ---

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

FIRST OPTION YEAR PERIOD: 3 July 2013 – 2 July 2014

1001 Medical Second Opinion 700 EA ______________ ______________

1002 Impairment rating examination 300 EA ______________ ______________

1003 Supplemental Reports 100 EA _______________ ______________

1004 Follow-up Reports 100 EA _______________ ______________

1005 File Reviews 100 EA _______________ ______________

GRAND TOTAL ---

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

SECOND OPTION YEAR PERIOD: 3 July 2014 – 2 July 2015

2001 Medical Second Opinion 700 EA ______________ ______________

2002 Impairment rating examination 300 EA ______________ ______________

2003 Supplemental Reports 100 EA _______________ ______________

2004 Follow-up Reports 100 EA _______________ ______________

2005 File Reviews 100 EA _______________ _____________

GRAND TOTAL ---

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

THIRD OPTION YEAR PERIOD: 3 July 2015 – 2 July 2016

3001 Medical Second Opinion 700 EA ______________ ______________

3002 Impairment rating examination 300 EA ______________ ______________

3003 Supplemental Reports 100 EA _______________ ______________

3004 Follow-up Reports 100 EA _______________ ______________

3005 File Reviews 100 EA _______________ _____________

GRAND TOTAL ---

ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT

NO. SUPPLIES/SERVICES PRICE

FOURTH OPTION YEAR PERIOD: 3 July 2016 – 2 July 2017

4001 Medical Second Opinion 700 EA ______________ ______________

4002 Impairment rating examination 300 EA ______________ ______________

4003 Supplemental Reports 100 EA _______________ ______________

4004 Follow-up Reports 100 EA _______________ ______________

4005 File Reviews 100 EA _______________ ______________

GRAND TOTAL --- __________________

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

PART 1

GENERAL INFORMATION

1.0 BACKGROUND INFORMATION

Project Title: OWCP Medical Second Opinion and Medical Examination Services (Washington, DC District Office)

1. The Office of Workers' Compensation Programs (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 Division of Federal Employees' Compensation (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.

2. Under the FECA, medical care and compensation for wage loss and for permanent physical impairment are provided to Federal employees who are injured in the performance of duty. The medical evaluation of workers who submit compensation claims is part of the adjudication and case management process. A medical evaluation may be necessary: (1) to determine the causal relationship between work factors and the disease or injury; (2) to assess the extent and duration of the physical impairment or disability; (3) to determine the appropriateness of therapy, including some surgical procedures; or (4) to determine when recovery has occurred and a return to work is feasible.

2a. In certain instances, the DFEC must refer a claimant to a specialist in an appropriate field for a second medical opinion. The second opinion is based on and shall include a review of appropriate claim file material, a physical or psychiatric examination of the claimant, the performance of any clinical or laboratory tests deemed necessary in the diagnostic work-up, and a narrative medical report responding to specific questions posed by a claims examiner. In addition to specific questions, the claims examiner provides a Statement of Accepted Facts (SOAF) which contains the information concerning events, working conditions and employment data accepted as factual by the DFEC. As such, the SOAF is the framework which the physician must use in answering the specific questions and in developing the evaluation report.

3. The two most important elements of the service to be delivered under this contract are the quality of the medical reports and the timeliness of their delivery. To be technically acceptable, the medical reports must present comprehensive, unequivocal, unbiased and well-reasoned narratives that are consistent with physical or psychological findings that are confined to the framework of the SOAF, and shall address all questions posed by the claims examiner. The timely scheduling of appointments for examinations limits inconvenience to FECA claimants. The timely delivery of medical reports contributes to prompt and accurate adjudication of outstanding compensation issues.

1.1. OBJECTIVE

The objective of this requirement is to procure Medical Second Opinion (SECOP) examinations, impairment rating examinations and file reviews for affected claimants who reside within the area served by OWCP’s District Office in Washington, DC.

1.2 Place of Performance

The place of performance shall be at the medical offices/facilities of the Contractor’s examining physicians.

1.2.1 RECOGNIZED HOLIDAYS:

The contractor is not required to schedule examination 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

1.2.2 HOURS OF OPERATION:

The contractor shall be responsible for conducting business, between the hours of 8:00 am to 5:00 pm, in the time zone of the DFEC District Office, Monday thru Friday. Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings is at the discretion of the Contractor. However, no direct medical examinations may take place on a federal holiday or closure. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons.

1.3 PAYMENT FOR CANCELLATION OF APPOINTMENTS

When the Government cancels a scheduled appointment with at least 24-hours notice to the Contractor or to the examining physician, no payment will be made and no liability is incurred by the Government. When the Government gives less than 24-hours notice in canceling a scheduled appointment, a fixed fee of $50 will be paid to the Contractor as sole compensation for the cancelled appointment. When a claimant cancels a scheduled appointment with at least 24 hours notice to the Contractor or to the examining physician, no payment will be made and no liability is incurred by the Government. When a claimant gives less than 24-hours notice in canceling a scheduled appointment, a fixed fee of $50 will be paid to the Contractor as sole compensation for the cancelled appointment. When a claimant, without prior notice, fails to report for the scheduled appointment, a fixed fee of $50 will be paid to the Contractor as sole compensation for the cancelled appointment. Specific OWCP codes will be supplied to the Contractor for invoicing. The use of OWCP specific codes is strictly prohibited outside the performance of this contract. All cancelled appointments require documentation to support any submitted invoice for payment. The absence of the required documentation will result in the non-certification of the invoice.

1.3.1 PAYMENT FOR SECOND OPINION EXAMINATIONS , IMPAIRMENT RATING EXAMINATIONS,

FILE REVIEWS, SUPPLEMENTAL REPORTS AND FOLLOW-UP REPORTS.

When all medical examination and report requirements have been rendered, the Contractor shall submit one (1) invoice for services along with a copy of the medical report to the Washington DC District Office. Specific OWCP codes will be supplied to the Contractor for invoicing. The use of OWCP specific codes is strictly prohibited outside the performance of this contract. Once the report has been reviewed and the invoice charges have been verified and certified, the invoice will be submitted for payment through the Central Bill Pay system. The absence of the required report documentation will result in the non-certification of the invoice.

1.3.2 PAYMENT FOR NECESSARY SUPPLEMENTAL CONSULTATIONS, DIAGNOSTIC LABORATORY

TESTS AND DIAGNOSTIC PROCEDURES

Professional consultations, diagnostic laboratory tests and other diagnostic procedures deemed necessary to complete a second opinion examination will be paid for according to the OWCP fee schedule limitations provided under 20 CFR

10.805-813. The Contractor shall invoice using the appropriate CPT or HCPCS code. Any use of OWCP specific codes outside the requirements of this contract shall have prior written authorization for each incident.

1.4. PERFORMANCE/DELIVERY SCHEDULE

The following is the schedule for performance of the contract and delivery of receivables by the Contractor. All days referred to in this solicitation are calendar days, unless otherwise specified. The purpose of the following schedule is to help assure that technically acceptable medical reports are delivered timely. In this context, except where otherwise specified, timely means within thirty-five (35) days from the date of initial referral.

A. Scheduled Appointments. Upon notice from DFEC (by phone, FAX, e-mail or other written means) of the need for a second opinion by a medical specialist, the Contractor shall perform the following:

(1) Make an appointment for the claimant in question with a specialist in the appropriate field of medical specialty and forward notice of the appointment to the claimant using a format specified by DFEC. The date of the examination must allow the claimant at least fourteen (14) days advance notice of the appointment date.

(2) Within six (6) days from first notice, notify DFEC in writing of the specialist's name, address and phone number, and the date and time of the scheduled appointment.

(3) Reschedule an appointment only once to suit the convenience of an examining physician. The date of the rescheduled examination shall not be more than twenty-eight (28) days from the first notice from DFEC. In the event of a rescheduling to suit the convenience of an examining physician, the completed report shall be delivered to DFEC within thirty-five (35) days from first notice from DFEC. If additional requests for rescheduling the appointment are received from the examining physician/specialist, the Contractor shall schedule an appointment for examination with another physician/specialist.

(4) Notify DFEC within four (4) days of a claimant's request for rescheduling. If a request for rescheduling is received from the claimant, the Contractor or examining physician may not reschedule the appointment without OWCP permission. Rather, the Contractor must notify DFEC so the responsible claims examiner may decide the issue.

(5) Contact the examining physician/specialist within four (4) days after the scheduled appointment date to determine whether the claimant reported and cooperated with the exam. If claimant did not report or did not cooperate, Contractor shall so notify DFEC within seven (7) days of the scheduled appointment date.

B. Delivery of Claim File Materials, SOAF and Examiner's Questions. Before requesting a second opinion, the responsible claims examiner shall prepare a statement of accepted facts (SOAF), a list of questions to the examining physician which are specific to the issue at hand, a letter notifying the claimant to appear for the scheduled medical examination, and a travel voucher. These materials, along with copies of all appropriate medical reports from the case record and any DFEC reporting forms which are appropriate to the medical issue and the information sought, will be prepared for delivery to the second opinion specialist. The Contractor shall deliver these materials to the appointed consultants at least twenty-four (24) hours before the scheduled examination.

C. Initiation and Completion of Diagnostic Tests. OWCP authorizes all non-invasive diagnostic procedures that are substantively related to the condition or issue which gave rise to the second opinion referral, and which the examining physician feels are necessary to render a reasoned opinion and full report. Upon notification from the examining physician that such a diagnostic procedure is needed, the Contractor shall schedule the procedure(s) so that the claimant shall have at least fourteen (14) days advance notice of the appointment. The full report, based on the diagnostic procedure(s), will be delivered to OWCP within twenty-one (21) days of notification by the examining physician that such a diagnostic procedure was needed.

D. Delivery of Second Opinion Reports, Including Schedule Award Reports, to DFEC. The Contractor shall arrange for delivery of completed reports to the District Office within seven (7) days after the examinations and diagnostic procedures are completed.

E. Delivery of Supplemental and Follow-up Reports to DFEC. The Contractor shall arrange for delivery of completed Supplemental and/or Follow-up Reports to the DFEC Office which originated the request within twenty-one (21) days after first notice from DFEC.

F. Delivery of Addendum Reports to DFEC. When a correction or re-performance in the form of an addendum report is identified by the COR, the Contractor shall deliver the completed addendum within twenty-one (21) days of first notice from DFEC of need for such a correction or re-performance.

G. Delivery of File Review Reports to DFEC. The Contractor shall arrange for delivery of completed reports to the DFEC Office which originated the request for file review within thirty-five (35) days after first notice from DFEC.

1.4.1. WEEKLY REPORTS TO COR.

The weekly reports specified in Part 5.3 will be delivered to the COR no later than the first Friday following the close of the week for which activity is covered in the report.

1.4.2. MONTHLY REPORTS TO COR.

The monthly reports specified in Part 5.4 will be delivered to the COR on the first business day of each month.

1.4.3. QUARTERLY MANAGEMENT REPORTS

The Contractor shall deliver reports as specified in Part 5.5. These reports shall be delivered to the Contracting Officer (original) and to the Contracting Officer's Representative (one copy) within forty-five (45) days after end of each calendar quarter.

1.5 SCOPE OF WORK

1.5.1 Claimants Covered and Work to be Performed. Medical second opinion services (SECOP) shall be provided for approximately 700_ FECA claimants per annum. Schedule award examination services shall be provided for approximately 300 FECA claimants per annum. Approximately 100 file reviews without examination of the claimants will be required per annum. Approximately 100 Supplemental Reports will be required per annum. Approximately 100 follow-up Report services will be required per annum. The affected claimants reside within the area served by OWCP's District Office in Washington, DC. These claimants live in Washington, DC, in Virginia and in those parts of Maryland that have ZIP Codes beginning with 20nnn. Claim files for these claimants are in the custody of the District Office in Washington, DC. The DFEC staff in each District Office will provide to the Contractor all necessary information pertaining to covered claimants. The full mailing address for this District Office is provided at part 5.2.6.

1.5.2 Delivery Schedule. The Contractor shall perform all elements of the second opinion service within the time frames described in part 1.4, Performance and Delivery Schedule and those outlined part 5.2.

1.6 QUALITY CONTROL: The contractor shall develop and maintain an effective quality control program to ensure services and reports are performed in accordance with this SOW. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of any defective service or report. The contractor’s quality control program is the means by which assurance that work complies with the requirement of the contract. The Quality Control Plan is to be delivered with the contractors’ proposal. The Contractor shall submit final QCP for the Government’s acceptance 10 days after contract award. After acceptance of the quality control plan the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to his QC system.

1.7 QUALITY ASSURANCE: The Government shall evaluate the contractor’s performance under this contract. 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).

1.8 TYPE OF CONTRACT: FIRM FIXED PRICE/INDEFINITE DELIVERY/INDEFINITE QUANTITY (OCT 1995)

(a) This is a Firm Fixed Price (FFP)/ indefinite delivery/indefinite quantity (IDIQ) service contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause.

The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided that the Contractor shall not be required to make any deliveries under this contract after it expires.

1.9 PRIVACY

Portions of information disclosed during the performance of this task are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.9.1 Personal Information and Privacy

The contractor shall provide personal information and privacy support to ensure compliance to the Privacy Act and other Federal Privacy related policies including, but not limited to, OMB Memorandum M-06-16, Protection of Sensitive Agency Information, and M-07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information. This support shall include the review and evaluation of the Privacy Impact Assessments (PIAs) for all systems containing DOL sensitive and PII information. The review will ensure that the systems comply with the appropriate regulations pertaining to personally identifiable information (PII). The contractor shall evaluate the current PIA methodology and tracking system and provide recommendations to make the processes and/or system more efficient and effective. The contractor shall evaluate their existing Departmental Privacy related policies and procedures to ensure they comply with federal Privacy related policies. Where the Departmental policies and procedures do not comply, the Contractor shall perform the necessary updates/revisions to bring the documents into compliance as requested by the COR. The contractor shall also ensure that all identified privacy vulnerabilities and areas of noncompliance have been documented and track resolution.

The Contractor shall ensure that its second opinion medical examination services solution maintains conformance to the most recent DOL implementation of Federal information security guidelines, currently defined as:

The Freedom of Information Act, as amended (5 USC 522), which provides for the disclosure of information maintained by Federal agencies to the public, while allowing limited protection for privacy.

The Privacy Act of 1974, as amended (5 USC 522a), including the Computer Matching and Privacy Act of 1988 (Public Law 100-503).

The Computer Security Act of 1987 (Public Law 100-235), which established minimum security practices for Federal computer systems.

The Federal Information Security Management Act of 2002, which established the requirement for all information systems operated by or on behalf of the United States Government to be certified and accredited as satisfying the minimum information security requirements established by statute, regulation, and National Institute of Standards and Technology (NIST) standards and guidance materials.

OMB Circular A-130, Management of Federal Information Resources, which provides instructions to Federal agencies on how to comply with the fair information practices and security requirements for operating automated information systems.

OMB Memorandum M-07-16, Safeguarding Against 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.

FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems.

http://csrc.nist.gov/publications/fips/fips199/FIPS-PUB-199-final.pdf

FIPS PUB 200, Minimum Security Requirements for Federal Information Systems.

http://csrc.nist.gov/publications/fips/fips200/FIPS-200-final-march.pdf

NIST Special Publication (SP) 800-53, Recommended Security Controls for Federal Information Systems.

http://csrc.nist.gov/publications/nistpubs/800-53-Rev2/sp800-53-rev2-final.pdf

US DOL Computer Security Handbook (DOL’s implementation of NIST SP 800-53). (Reference Attachment 25 - Computer Security Handbook 3.0)

DLMS – 9 – Chapter 1200, DOL Safeguarding Sensitive Data Including Personally Identifiable Information (Reference Attachment 26 - Department of Labor Manual Series (DLMS) 9 Chapter 1200)

1.9.2 Privacy Responsibilities

(a) The Contractor shall ensure that every employee completes all mandated Federal security training requirements prior to the employee’s first day of work under the second opinion medical examination services contract unless the Government provides a signed waiver agreement.

(b) The Contractor shall ensure that all information and reports generated under the terms of this contract are, and shall always remain, the property of the Government.

(c) The Contractor shall protect the Personally Identifiable Information (PII) of all claimants, providers, and Government employees from unauthorized disclosure.

(d) The Contractor shall use a Government-approved report form to notify the Government of all security incidents involving Personally Identifiable Information (PII) within one (1) hour of becoming aware of the incident. This written notification will describe the security incident or disaster in detail and state the measures taken to protect the confidentiality, integrity and availability of OWCP information.

1.10 OWNERSHIP

All products and deliverables developed under this SOW are the property of the U.S. Government and DOL.

1.11 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)

1.12 CONTRACTING OFFICER REPRESENTATIVE:

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 the oversight 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, monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies. 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.

1.13 KEY PERSONNEL:

Contractor staff identified in this section will be considered “Key Personnel” and Key Personnel may not be removed or replaced without the written consent by the Contracting Officer. The Contractor shall ensure that all employees assigned to Key Personnel positions are retained in those positions for at least 180 days following acceptance of the Key Personnel’s resumes by the Contracting Officer; unless the person leaves the Contractor’s employment or is incapacitated.

Any replacement candidate must have the same or better qualifications as the person being released. Resumes of replacement Key Personnel shall be provided for acceptance by the Contracting Officer for replacement before that person starts work.

Individually named management and administrative staff are to be committed for the full duration of the effort necessary to satisfy the requirements of the specified tasks, in accordance with the work schedule and staff loading proposed by the offeror. Management personnel shall have a minimum of five (5) years of experience successfully overseeing the type of work called for by this contract. Administrative personnel should have at least five (5) years of experience in the successful administration of projects of the type called for in this solicitation. Persons who may be assigned to fill these roles on this solicitation subsequent to award shall have equivalent or superior credentials, qualifications and experience.

Other individuals proposed by the offeror to manage and support this effort shall have background and experience explicitly related to the roles they are to perform.

The Contractor shall provide sufficient information to determine the quality and competence of staff proposed to be assigned to the project. A resume, which may be included in a separate enclosure, shall be provided for each person to be assigned to the project. The resume shall be consistent with the person's skills and at a minimum shall include: current employment status and previous work experience, including duties, dates and employing organizations. Duties must be clearly defined in terms of role(s) performed.

The following personnel are considered key personnel by the Government: Program Manager, Senior Computer Specialist, and Mid-level Computer Specialist. Contractor employees designated as “Key Personnel” shall not be removed or replaced without the written acceptance by the Contracting Officer. Any replacement of any Contractor employee must have the same or better qualifications as the employee being released. Resumes of proposed replacement Key Personnel shall be provided for review and acceptance by the Contracting Officer. The Contracting Officer will accept the replacement candidate in writing before the proposed replacement contractor candidate can start work. The Government’s minimum qualifications for all key personnel are listed below:

1.13.1 Program Manager:

General Experience: A minimum of five (5) years of experience providing program management services to organization management and technical staff in overseeing similar medical examination services similar to the administration of projects of the type called for in this solicitation. Knowledge of medical examination services is a requirement specifically required. Excellent verbal and written communication skills and leadership skills is advantageous. Proven ability to meet schedule and performance requirements for programs of a similar size, scope, and magnitude of this solicitation.

The Contractor shall propose a program manager for this project who shall be responsible for effective liaison with the OWCP Contracting Officer, COR, and OWCP National and District Office staff to ensure that performance is in compliance with the contract.

1.13.2 Quality Assurance Analyst

General Experience: At a minimum, five (5) years of quality assurance experience providing or overseeing similar tasks identified in this solicitation. Knowledge of medical report requirements, including, but not limited to; medical opinions are well-reasoned and supported by objective findings and/or rationale, equivocal vs. unequivocal, all posed questions are answered, accurate application of the 6th Edition of the AMA guidelines, qualifications requirements and verification of physicians, and that all reports have the completed forms. Ability to ensure the requirements of a quality medical report within the meaning outlined in the DFEC program regulations, deliverables associated with the tasks, accuracy of impairment ratings based on the 6th Edition of the AMA Guidelines, and ensures that all required performance standards are met. Basic familiarization of federal workers’ compensation laws, regulations and process. Proven ability to meet schedule and performance requirements for programs of a similar size, scope, and magnitude of this solicitation.

1.14 EMPLOYEE CONDUCT

Contractor employees shall at all time conduct themselves in a professional manner and shall not reflect discredit upon the United States and or the Department of Labor.

1.14.1 Removing Employees for Misconduct or Security Reasons. The Government may at its sole discretion, direct the contractor to remove any contractor employee or physician from performing a U.S. Department of Labor contract requirement including but not limited to, inability to perform a thorough examination and/or report, misconduct, bias, appearance of conflict of interest, or safety/security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the contractor with a written explanation to support any request to remove an employee.

1.14.2 Conflict of Interest. The contractor shall not engage in other federal workers’ compensation medical examination services at the request of an injured federal worker, another federal agency or any other entity other than the Department of Labor, Office of Federal Workers’ Compensation Programs that would give the appearance of a conflict of interest.

1.15 CONTRACTOR TRAVEL:

Not applicable to this contract. Any travel expense is to be at the contractor’s expense.

PART 2

DEFINITIONS & ACRONYMS

2.1 ACRONYMS

CO – Contracting Officer

COR - Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

DFEC – Division of Federal Employees’ Compensation

DOL - Department of Labor

FAR – Federal Acquisition Regulation

IDIQ –Indefinite Delivery Indefinite Quantity

IT – Information Technology

OASAM – Office of the Assistant Secretary for Administration and Management

OMB - Office of Management and Budget

OWCP - Office of Workers’ Compensation Programs

POP – Period of Performance

Quality Control - Those actions taken by a contractor to control the performance of services so that they meet the requirements of the SOW.

Quality Assurance - Those actions taken by the Government to assure services meet the requirements of the Statement of Work.

SECOP Second Opinion Examination

SOW – Statement of Work

2.2 DEFINITIONS

The following definitions are specific the DFEC medical examinations and accepted by the Office of Workers’ Compensation Programs

Types of Causal Relationship:

Under the FECA, an injury or disease may be considered as employment-related in any one of several ways. The FECA contains no provision for apportionment, and the Office will pay for all medical and compensation expenses due to impairments which result from an employment injury.

A. Direct Causation. This type of relationship exists when the injury or factors of employment result in the claimed condition through a natural and unbroken sequence. An acute trauma, such as a fall from a ladder, exemplifies this type of causal relationship.

Direct causation may be identified in both traumatic injuries and occupational diseases. However, the amount and sophistication of the medical documentation necessary to establish this relationship in claims for occupational diseases are usually greater because of the multifactor etiologies and clinical complexities of some of these diseases.

B. Aggravation. This type of relationship exists when a preexisting condition (not necessarily employment-related) is intensified or exacerbated by an employment-related injury or factor. If this type of causality is identified by the consultant, it is imperative that it be categorized as temporary or permanent.

(1) Temporary aggravation involves an exacerbation of a pre-existing condition which will last for a finite period of time, after which the employee returns to his or her baseline physical status. For instance, an acute asthmatic attack is triggered in an employee known to have asthma by the exposure to formaldehyde fumes in the work place. In such a case, compensation is payable only for the period of exacerbation established by the medical evidence and not for any disability caused by the underlying disease.

(2) Permanent aggravation constitutes an exacerbation of an underlying condition which persists indefinitely or produces irreversible anatomical and/or physiologic changes so that the employee does not return to his or her previous status. Identification of this type of causality requires thoughtful evaluation of the medical documentation in the case file. The physician should describe the way in which the underlying condition has been irreversibly affected by the work aggravation. Objective rational is critical to the establishment of a permanent aggravation and the physician must fully explain how the underlying condition has been irreversibly altered by the work factor.

C. Acceleration. Acceleration is said to occur when an employment-related injury or work factor hastens the clinical manifestation of a latent condition in a manner which cannot be explained by the natural history of the disease. In the context of the FECA, this type of causality carries the same weight as direct causation; compensation and medical benefits are reimbursed on an indefinite basis.

D. Precipitation. Precipitation involves the clinical manifestation of a quiescent condition which is prompted or caused by factors related to employment. It is different from acceleration in that the work factor or injury is actually necessary for the development of the condition, whereas acceleration refers only to the clinical appearance of a disease sooner than expected.

E. Consequential Injury. This is an injury which occurs because of weakness or impairment caused by a work-related injury. It may affect the same part of the body as the original injury or a different area altogether. For instance, a claimant with an accepted knee injury may fall at home because the weakened knee has buckled; this incident will constitute a consequential injury whether the affected part of the body is the knee or some other area, such as the back or arm. Or, a claimant with an injured eye may compensate for loss of functioning by overuse of the other eye, which may result in a consequential injury. The consultant may be asked to give an opinion concerning the causal relationship of the second injury to the first.

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0 GOVERNMENT FURNISHED ITEMS AND SERVICES:

Not Applicable

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

Not Applicable

PART 5

SPECIFIC TASKS

5.0TASKS

The following is the set of tasks required under this Contract.

All days referred to in this Section are calendar days, unless otherwise specified.

5.1 Task Overview. The Contractor shall:

(1) Arrange for qualified and appropriate medical specialists and will make these services available within a reasonable commuting distance for DFEC claimants. Reasonable commuting distance is defined at part 5.2.1 (4) d, below;

(2) Arrange timely scheduling of appointments for examinations, forward letters from the responsible claims examiners notifying claimants, their appointed representatives, and their employers of the claimants' responsibilities to appear and cooperate with scheduled medical exams;

(3) Assure that a secure website (password protected [https protocol/SSL]) is operational and available for the initiation of referrals and uploading of all pertinent imaged documents supplied by DFEC (including but not limited to the Statement of Accepted Facts (SOAF), examiners' questions to physicians, medical records relevant to the examination, etc.);

(4) Assure timely pick-up from the District Office of pertinent documents supplied by DFEC when imaged documents are not available for transmission via secure web site (primarily including medical records relevant to the examination);

(5) Assure timely delivery to examining physicians of all pertinent documents supplied by DFEC, including SOAFs, examiners' questions to physicians, medical records, etc.;

(6) Assure that each second opinion report is comprehensive, unequivocal, unbiased, well-reasoned, consistent with the physical findings, responsive to all questions posed by the claims examiner, and presented in a form and format specified by OWCP (see details below);

(7) Assure timely uploading to the secure website and/or return to the District Office of completed second opinion reports, along with all original claim file materials which may have been sent to the Contractor;

(8) Comply with applicable provisions of the Privacy Act of 1974 and otherwise assure the security and confidentiality of claimant medical records and related materials entrusted to the custody of Contractor or examining physician;

(9) Coordinate with the Contracting Officer's Representatives (COR) to prepare and administer all training materials which may be reasonably necessary to allow physician/specialists and DFEC staff to participate effectively;

(10) Provide management reports to the Contracting Officer via the National Office COR and to the District Office COR as specified in part 5.3, 5.4, 5.5.

5.2. Qualified Medical Specialists.

Participating medical providers must be identified by name, business address, and a current CV, and shall have the following types of professional qualifications:

(1) Physicians.

a. All physicians shall possess an M.D. degree or a D.O. degree.

b. All physicians shall hold an unrestricted license to practice medicine in the state in which they will perform examinations or otherwise practice under this contract.

c. All physicians shall be Board-certified in their respective specialties by one of the medical specialty Boards recognized by the American Board of Medical Specialties, or by the American Osteopathic Association.

d. All physicians shall be engaged in an active medical practice -- a minimum of 240 hours of direct patient care over the previous twelve months.

e. All physicians shall be qualified to participate as a medical provider under the Federal Employees' Compensation Act, and as defined in 20CFR10.5 (t); and must not be excluded or excludable from payment under the Act as defined in 20CFR10.815-826.

(2) Use of Clinical Psychologists.

a. Because clinical psychologists are not licensed to treat physical disorders or prescribe medication, an opinion from a psychiatrist must be obtained where a non-mental component is present (physical), a functional overlay is implicated, and/or medication is being used or prescribed. The Contractor’s failure to ensure this requirement is met will result in re-performance.

b. If it is determined that a case does not include any item listed in 5.2. (2) a., the use of any clinical psychologists must possess the Ph.D. degree in psychology from a program in clinical psychology of an educational institution accredited by an organization recognized by the Council on Post Secondary Accreditation; or they must be listed in a national register of health services providers in psychology which the Contracting Officer deems appropriate.

c. All clinical psychologists shall have completed two years of supervised clinical experience as a psychologist in health service, at least one year of which is after the Master of Science degree.

d. All clinical psychologists shall be licensed at the independent practice level of psychology in the state in which they practice.

e. All clinical psychologists shall be Board certified and engaged in an active practice, treating patients.

f. All clinical psychologists shall be qualified to participate as a medical provider under the Federal Employees' Compensation Act, and as defined in 20CFR10.5 (t); and must not be excluded or excludable from payment under the Act as defined in 20CFR10.815-826.

(3) Physicians Performing Examinations for Schedule Awards.

a. In addition to the qualifications set forth in subsection C.3.B.1., above, physicians who perform examinations and provide reports for disability ratings for the determination of schedule awards shall have familiarity with and experience in use and application of the 6th edition of the American Medical Association Guides to the Evaluation of Permanent Impairment.