Section_G_-_Contract_Administration_Data.pdf

United States Department of Labor

(DOL)

Workers’ Compensation Medical Bill

Process (WCMBP)

Section G

Contract Administration Data

Office of Workers’ Compensation Programs (OWCP)

Section G – Contract Administration Data

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Table of Contents

Section Page

G.1 CONTRACT POINTS OF CONTACT

G.1.1 Contracting Officer

G.1.2 Contracting Officer’s Representative G.1.3 Government Implementation Project Manager (PM) G.1.4 Government Project Manager (PM) G.1.5 Submission of Invoices

G.2 NOTICE TO GOVERNMENT OF DELAY

G.3 CONTRACTOR PERSONNEL

G.3.1 Approval of Staff

G.3.2 Personnel Commitments G.3.3 Accuracy of Resumes

G.4 DOL POLICY FOR PERSONAL IDENTITY VERIFICATION (PIV) CARD

G.5 TECHNICAL DIRECTION

G.6 DATA TO BE DELIVERED

G.7 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF INFORMATION

G.8 DESIGNATION OF PROPERTY ADMINISTRATOR

G.9 GOVERNMENT-FURNISHED PROPERTY (GFP)

G.10 CORRESPONDENCE PROCEDURES

G.11 INCORPORATION OF CONTRACTOR’S PROPOSAL

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FAR References

Reference Page

DOLAR 2952.201-70, Contracting Officer’s Technical Representative FAR 45, Government Property

G.1 CONTRACT POINTS OF CONTACT

The following sections detail the Government points of contact for the contract.

G.1.1 Contracting Officer

The following individual is hereby designated to act as Contracting Officer (CO) under this contract:

INFORMATION PROVIDED AT CONTRACT AWARD

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract. In the event the contractor effects any changes to the contract at the direction of any person other than the Contracting Officer, the changes will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof. The Contracting Officer is be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract. The Contracting Officer is the only individual who can legally obligate Government funds. No costs chargeable to the proposed Contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

The CO has the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement.

G.1.2 Contracting Officer’s Representative

DOLAR 2952.201-70, Contracting Officer’s Technical

Representative

The following individual is hereby designated to act as Contracting Officer’s Representative (COR) under this contract:

The COR is responsible as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and reviewing and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer will issue such changes.

G.1.3 Government Implementation Project Manager (PM)

The following individual is hereby designated to act as Implementation Project Manager (PM) under this contract:

The Implementation Project Manager is responsible for:

Managing the implementation Project Management Office (PMO) and tasking government and contract staff assigned to the PMO;

Monitoring the contractor’s implementation progress, including the surveillance and assessment of performance and compliance with all substantive project objectives;

Interpreting the statement of work and any other functional and technical performance requirements;

Reviewing and performing evaluations of all deliverables;

Performing functional/technical inspections and acceptance tests required by this contract;

Assisting in the resolution of functional/technical problems encountered during testing;

Providing direction in accordance with Section G.3;

Reviewing of invoices/vouchers.

The Implementation PM does not have authority to act as agent of the Government under this contract. Only the Contracting Officer has authority to:

Direct or negotiate any changes in the performance work statement;

Modify or extend the period of performance;

Change the delivery schedule;

Authorize reimbursement to the contractor for any costs incurred during the performance of this contract; or

Change any terms and conditions of this contract.

The Government may unilaterally change its Implementation PM designation.

Government Subject Matter Experts (SMEs) may assist the PM. The SME(s) will not have the authority to provide technical direction; however, they may be responsible for:

Evaluating the contractor’s deliverables as assigned, determining compliance with and satisfaction of contract requirements;

Performing technical evaluations as required;

Performing functional inspections and acceptance tests as required by this contract; and

Assisting in the resolution of functional problems encountered during testing

G.1.4 Government Project Manager (PM)

The following individual is hereby designated to act as Project Manager (PM) under this contract:

The Project Manager is responsible for:

Monitoring the contractor’s technical progress, including the surveillance and assessment of performance and compliance with all substantive project objectives

Interpreting the statement of work and any other technical performance requirements

Performing technical evaluation as required

Performing technical inspections and acceptances required by this contract

Assisting in the resolution of technical problems encountered during performance

Providing technical direction in accordance with Section G.3

Reviewing of invoices/vouchers.

The PM does not have authority to act as agent of the Government under this contract.

Only the Contracting Officer has authority to:

Direct or negotiate any changes in the performance work statement;

Modify or extend the period of performance;

Change the delivery schedule;

Authorize reimbursement to the contractor any costs incurred during the performance of this contract; or

Change any terms and conditions of this contract.

The Government may unilaterally change its PM designation.

Government Subject Matter Experts (SMEs)may assist the PM. The (SMEs) will not have the authority to provide technical direction; however, they may be responsible for:

Measuring the contractor’s operational performance, including the assessment of performance and compliance with all substantive project objectives;

Interpreting the performance work statement and any other technical performance requirements and standards;

Performing operational and technical evaluations as required;

Performing inspections and acceptances required by this contract; and

Assisting in the resolution of operations problems encountered during operation of the system.

G.1.5 Submission of Invoices

INVOICING PROCEDURES:

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:

DOL-NO-DM-OASAM@quickpay.dol.gov.

1). Electronic PDF/TIFF Invoice Submittal mailto:DOL-NO-DM-OASAM@quickpay.dol.gov

In an effort to support the eCommerce initiative and expedite vendor payment processing, the DOL requires invoices to be submitted electronically.

The contractor shall:

a. Address the invoice to the appropriate e-mail address specified above.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice

Number, <Invoice Amount>

Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative

(COR) at the COR email address specified in the contract.

f. Wait for either a success or failure e-mail response, regarding the invoice e-mail, before sending in another e-mail with the same invoice attachment.

The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages).

However, if the invoice exceeds this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address (specified in paragraph 2 below).

b. Submit an invoice that is heavy in shading or color.

1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

General Information

Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Inquiries regarding invoices should be e-mailed to InvoiceInquiriesXXX@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph 1).d. above.

Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order

Number>, Invoice Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

2). Paper Invoices submitted via fax or U.S. mail mailto:InvoiceInquiriesXXX@dol.gov

Paper invoices should only be faxed or mailed when electronic email cannot be accomplished due to size limitations described above.

When invoices must be faxed due to e-mail size limitations, fax them to: 202-693-4451

When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor

Office of Financial Management Operations

Room S-5526 Attn: Charleetta Smithers 200 Constitution Avenue, N.W

Washington, DC 20210

Supplemental Invoicing Requirements

In addition to the item required in the Section I clause FAR 52.232-25, the contractor shall ensure that an invoice includes the following minimum additional information and/or attached documentation:

Separate and distinct invoice number;

Total charges for the billing period;

Name and hours of effort expended by each individual during the billing period;

All dates upon which services were rendered;

Cumulative expenditures through the billing period; and

A statement signed by the responsible official of the concern substantially similar if not identical to the following:

“I certify that the services identified in this invoice have been performed in accordance with the contract and that personnel, labor hours, and/or other costs are true, correct, and have not been previously billed.”

contractor’s Name and Signature

Interest on Overdue Payments

The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 U.S.C. 1801) is applicable to payments under this contract and requires the payment to contractors of interest on overdue payments and improperly taken discounts.

Invoicing

The contractor shall bill the Government in arrears for work performed under the contract at intervals of one month. The payment office is identified on the SF33. The contractor shall submit invoices concurrently to the payment office and the COR.

G.2 NOTICE TO GOVERNMENT OF DELAY

The contractor shall, within five (5) days of identifying any actual or potential situation that delays or threatens to delay the timely performance of this contract, give notice to the COR, PM and Contracting Officer, including all relevant information.

G.3 CONTRACTOR PERSONNEL

The contractor shall warrant that all persons assigned to the performance of this contract will be employees of the contractor (or specified subcontractor) and will be fully qualified to perform the work required herein. The contractor shall include a similar provision in any contract with any subcontractor selected to perform work hereunder.

G.3.1 Approval of Staff

OWCP reserves the right to approve or disapprove any of the contractor's proposed changes in key personnel, or to require the removal or reassignment of any contractor or subcontractor key personnel found unacceptable by the OWCP. The contractor shall, upon request, provide the COR with a resume of any member of its staff or a subcontractor's staff assigned to, or proposed to be assigned to, perform any part of this contract.

G.3.2 Personnel Commitments

Key Personnel commitments made in the contractor's proposal will not be changed except as provided in this section or due to a resignation, unless approved by the Government. The Government will only approve the replacement of Key Personnel after reviewing their resume and it is determined to be of equal or more experience than the previous Key Personnel. The hourly rates shall not be revised due to change in Key Personnel. The contractor shall dedicate all Key Personnel solely to the project. The contractor shall notify the Government if staffing levels change from those proposed in the contractor's Technical /Management Volume.

G.3.3 Accuracy of Resumes

The contractor shall ensure the accuracy of all resume of personnel currently proposed for assignment to the contract and for future assignments of personnel to the contract.

G.4 DOL POLICY FOR PERSONAL IDENTITY VERIFICATION (PIV)

CARD

DOL has a program which ensures all employees and contractor employees who require access to DOL facilities and information systems are issued personal identity verification (PIV) cards that satisfy the standard issued by the National Institute of Standards and Technology (NIST), Department of Commerce. “Contractor Employee Suitability and Security Requirements” in Section H.2 describes the Department’s process for implementation of the NIST standard for new Federal employees and contractor employees.

G.5 TECHNICAL DIRECTION

The contractor shall perform work under this contract, subject to the technical direction of the PM. The term “technical direction” is defined to include, without limitation, the following:

Directions to the contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details, or otherwise serve to accomplish the contractual statement of work.

Provision of information to the contractor that assists in the interpretation of drawings, specifications, or technical portions of the work description.

Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the contractor to the Government under the contract.

Technical direction will be within the general Scope of Work stated in the contract. The PM does not have the authority to, and may not issue any technical directions which will:

Constitute an assignment of additional work outside the general Scope of Work of the contract.

Constitute a change as defined in the applicable contract clause entitled: FAR 52.243-2 “Changes - Cost Reimbursement” (AUG 1987) – Alternate 1 – (APR 1984); FAR 52.243-1 “Changes - Fixed Price” (AUG 1987) – Alternate 1 (APR 1984); or 52.243-3 “Changes – Time and Materials-Labor Hours” (SEP 2000).

Cause, in any manner, an increase or decrease in the total estimated contract cost, fixed-fee, or the time required for contract performance.

Change any of the expressed terms, conditions, or specifications of the contract.

All technical direction will be issued in writing by the PM or will be confirmed by him/her in writing within 5 business days after issuance.

The contractor shall proceed promptly with the performance of technical direction duly issued by the PM in the manner prescribed by this article and within his/her authority under the provisions of this article.

If, in the opinion of the contractor, any instruction or direction issued by the PM (or COR) is within one of the categories as defined in (l) through (4) above, the contractor shall not proceed but rather notify the Contracting Officer in writing within 5 business days after the receipt of any such instruction or direction and request a contract modification.

Upon receiving such a request from the contractor, the Contracting Officer will issue an appropriate contract modification or advise the contractor in writing of his/her opinion that the direction is within scope of this contract. The contractor shall proceed immediately with the direction or the contract action to be taken, subject to the provision of the contract clause entitled “Disputes”.

G.6 DATA TO BE DELIVERED

Any working papers, interim reports, data given by the government or first produced by the contractor under the contract or collected or otherwise obtained by the contractor under the contract, or results obtained or developed by the contractor (subcontractor or consultants) pursuant to the fulfillment of this contract are to be delivered, documented, and formatted as directed by the Contracting Officer or COR.

In addition, information and/or data, which are held by the contractor related to the operation of their business and/or institution and which are obtained without the use of Federal funds, will be considered “PROPRIETARY DATA” and are not “subject data” to be delivered under this contract.

G.7 DISSEMINATION, PUBLICATION AND DISTRIBUTION OF

INFORMATION

Data and information either provided to the contractor, or to any subcontractor or generated by activities under this contract or derived from research or studies supported by this contract, will be used only for the purposes of the contract. It will not be duplicated, used, or disclosed for any purpose other than the fulfillment of the requirements set forth in this contract. This restriction does not limit the contractor’s right to use data or information obtained from a non-restrictive source. The contractor shall refer any questions concerning “privileged information” to the Contracting Officer.

Some data or information may require special consideration with regard to the timing of its disclosure. The contractor shall refer any questions about use or release of the data or information or handling of material under this contract to the Contracting Officer for a determination. The Contracting Officer’s determination will reflect the results of internal coordination with appropriate program and legal officials.

The contractor shall provide written advance notice of at least forty-five (45) days to the Contracting Officer of the contractor’s desire to release findings of studies or research or data or information described above. If the contractor disagrees with the Contracting Officer’s determination, and if this disagreement cannot be settled by the contractor and the Contracting Officer in a mutually satisfactory manner, then the issue will be settled pursuant to the “Disputes” clause.

The contractor shall provide the PM with an opportunity to review any presentation of any report, statistical or analytical material based on information obtained from this contract, prior to dissemination, publication, or distribution. Presentation includes, but is not limited to, corporate press releases, papers, articles, professional publications, speeches, testimony, or interviews with public print or broadcast media. This does not apply to information that would be available under the Federal Freedom of Information Act.

The PM review will cover accuracy, content, manner of presentation of the information, and also the protection of the privacy of individuals. If the review finds that the Privacy Act is or may be violated, the release/use of the presentation will be denied until the offending material is removed or until the Contracting Officer makes a formal determination, in writing, that the privacy of individuals is not being violated.

If the review shows that the accuracy, content, or manner of presentation is not correct or is inappropriate in the light of the purpose of the project, the PM will immediately inform the contractor, in writing, of the nature of the problem. If the contractor disagrees, the PM may insist that the presentation contain, in a manner of equal importance, materials which show the government's problem with the presentation.

The contractor shall acknowledge support by DOL OWCP whenever reports of projects funding, in whole or in part, by this contract are published in any medium. The contractor shall include in any publication resulting from work under this contract, an acknowledgement substantially, as follows:

“The analyses upon which this publication is based were performed under Contract Number [TBD], entitled, “Workers’ Compensation Medical Bill Process,” sponsored by the Department of Labor, Office of Workers’ Compensation Programs.”

Any deviation from the above legend will be approved, in writing, by the Contracting Officer.

G.8 DESIGNATION OF PROPERTY ADMINISTRATOR

FAR 45, Government Property

The COR is hereby designated the property administration function for this contract.

The contractor agrees to furnish information regarding Government Property in the manner and to the extent required by the COR or a duly designated alternate, and in accordance with FAR Part 45.

G.9 GOVERNMENT-FURNISHED PROPERTY (GFP)

The Government reserves the right to furnish property to the contractor for use under the contract, when it determines that it is in the Government’s best interest to do so.

Notwithstanding the Government’s decision to furnish such property, the contractor shall have the responsibility to furnish all materials and equipment necessary for the performance of the work required under this contract, including the test, evaluation, and demonstration of products used under this contract.

The contractor shall manage and maintain all GFP in accordance with the GFP clauses specified in Sections H and I of this contract.

G.10 CORRESPONDENCE PROCEDURES

To promote timely and effective administration, correspondence (except for invoices), the contractor shall observe the following procedures for correspondence submitted under this contact:

Technical Correspondence – The contractor shall address technical correspondence (as used herein, this term excludes correspondence which proposes or otherwise involves waivers, deviations or modifications to the requirements, terms or conditions of this contract) to the PM with an informational copy of the basic correspondence to the COR and Contracting Officer.

Other Correspondence – The contractor shall address all other correspondence to the Contracting Officer, in duplicate, with an informational copy of the basic correspondence to the COR and PM.

Subject Lines – The contractor shall ensure that all correspondence contains a subject line, commencing with the contract number and assigning consecutive numbers (serial numbers to permit accountability), as illustrated below:

EXAMPLE:

Contract No.- XXX Sequence # - XX(YEAR) – XXXX Subject - Request for Subcontract Consent

G.11 INCORPORATION OF CONTRACTOR’S PROPOSAL

It is understood and agreed that the Contractor shall, in meeting the requirements of this contract, perform the work in accordance with its proposal to the U.S. Department of Labor, submitted in response to this Solicitation - Office of Workers’ Compensation Programs (OWCP), Workers’ Compensation Medical Bill Process (WCMBP) dated_____; provided however, that to the extent that any provisions of the Articles set forth herein are in conflict or inconsistent with any provisions of said proposal, the provisions of the Articles of this contract shall be controlling and shall supersede the provisions of said proposal.