SOW_for_EVS_Procurement_07-26-2016.pdf

STATEMENT OF WORK (SOW)

For

EMPLOYMENT VERIFICATION SERVICES

Department of Labor

Office of Workers’ Compensation Programs

Division of Energy Employees Occupational Illness Compensation

PART 1

GENERAL INFORMATION

1.0 BACKGROUND INFORMATION

Public Law 106-398, the Energy Employees Occupational Illness Compensation Program

Act (EEOICPA) of 2000, as amended (the Act), established a program to compensate nuclear weapons program workers who suffered adverse health effects from exposure to beryllium, ionizing radiation, and other hazards in the course of their nuclear weapons program-related work. The President, in an Executive Order dated December 7, 2000, assigned program implementation responsibilities to various executive departments. The

Fiscal Year 2005 National Defense Authorization Act, signed by President Bush on

October 28, 2004, abolished Part D of the EEOICPA administered by the Department of

Energy (DOE) and replaced it with a new system of Federal payments called Part E to be administered by the Department of Labor (DOL).

The DOL’s Office of Workers’ Compensation Programs (OWCP), Division of Energy

Employees Occupational Illness Compensation (DEEOIC) is responsible for adjudicating claims associated with Part B and Part E of the Act. According to 20 CFR §30.105 under the DOL EEOICPA Regulations, the DOE has the responsibility for verifying employment at covered DOE facilities.

The DOL verification process includes: (1) establishing that a contractual relationship existed between the covered facility and the identified employer (Contractor); (2) verifying that the claimant was an employee of a covered employer during a specific time period; and (3) placing the claimant on site at the covered facility.

Occasionally, DOE or the corporate verifier does not have records sufficient to verify employment. Therefore, it becomes necessary for DOL to search other resources for verification. Alternative methods for employment verification include: the Oak Ridge

Institute for Science and Education (ORISE) electronic database, the claimant’s personal records, the Social Security Administration, affidavits from former co-workers of the claimant, and union records.

The DOL receives claims from many employees who worked in jobs related to construction or trades (e.g. construction workers, electricians, plumbers, etc.). Due to these types of jobs usually being associated with a Subcontract, employment is extremely difficult to verify using the DOL’s current resources. Hence, DOL has found the use of union records to be a tremendous assistance in the verification of

Contractor/Subcontractor contractual relationships with the DOE. Some Contractors have access to relevant union, pension, or other records that could assist the DOL in the verification these contractual relationships.

1.1 OBJECTIVE: The objective of this effort is to research, analyze and obtain documentation establishing Contractor/Subcontractor contractual relationship with the

DOE, and maintain a database that tracks the evidence collected that supports

Contractor/Subcontractor relationships with the DOE.

1.2 PERIOD OF PERFORMANCE: The period of performance shall be for one (1) Base

Period of 12 months and four (4) 12-month option periods. The Period of Performance is as follows:

Base Year: September 29, 2016 – September 28, 2017

Option Year 1: September 29, 2017 – September 28, 2018

Option Year 2: September 29, 2018 – September 28, 2019

Option Year 3: September 29, 2019 – September 28, 2020

Option Year 4: September 29, 2020 – September 28, 2021

1.3 QUALITY CONTROL: The Contractor shall provide the Government with a quality control plan no later than 30 days from the date the contract is awarded.

1.4 QUALITY ASSURANCE: The Government shall evaluate the Contractor’s performance under this contract in accordance with the performance standards.

1.4 RECOGNIZED HOLIDAYS: The Contractor is not required to perform services on the following Federal 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

1.5 HOURS OF OPERATION: The Contractor is responsible for conducting business, between the hours of 8:00 am to 5:00 pm, Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance the task defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6 PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the Contractor’s facility or field offices.

1.7 TYPE OF CONTRACT: The Government anticipates award of a Firm Fixed Price contract.

1.8 SECURITY REQUIRMENTS: Contractor employees are required to conform to

DOL's security and privacy requirements as described below.

1.8.1 The Contractor shall comply with the Computer Security Act of 1987. All products and deliverables developed under this SOW shall comply with DOL Computer Security guidelines and the guidelines contained in OMB Circular A-130. All contract staff working in DOL office space and/or using the DOL LAN/WAN and computer systems to perform duties under this SOW will agree to and sign the DOL Rules of Behavior for

Computer Use and a Non-Disclosure Agreement. A copy of each signed and witnessed

Non-Disclosure Agreement shall be submitted to the COR prior to the employee performing any work under any contract.

1.8.2 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any Subcontractors while these employees are in Federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

1.8.3 Background Investigations:

Background investigations do not apply since the Contractor does not perform their work at a DOL or DOE facility.

1.8.3.1 The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential

Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

1.8.3.2 The Contractor shall insert this clause in all Subcontracts when the Subcontractor is required to have physical access to a Federally-controlled facility or access to a Federal information system.

1.8.4 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.

1.8.5 Ownership

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

Government and DOL.

1.8.6 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)

1.9 CONTRACTING OFFICER’s REPRESENTATIVE (COR): 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:

ensure the Contractor performs the technical requirements of the contract; ensure the

Contractor complies with all requirements of the SOW; review and evaluate the

Contractor’s progress in relation to expenditures; review invoices and vouchers for reasonableness and applicability, conditionally approve or disapprove invoices; conduct periodic Contractor site visits; and review progress reports from Contractor. 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.

1.10 PERSONNEL: The Contractor and key personnel will have extensive institutional knowledge of the current and historical operations performed at the DOE sites – the work being performed, the occupations related to construction or trades and the time period the

Contractors were on site, as well as DOE medical screening programs and the records they may have, and any other sources of information to identify Subcontractors. The

Contractor must have access or the ability to gain access to documents from various local unions, health programs and pension funds. Contractor employees should have experience with researching and interpreting DOE and union related personnel records.

The information may include data covered under the Privacy Act.

PART 2

DEFINITIONS & 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.

DEEOIC – Division of Energy Employees Occupational Illness Compensation

DOE – Department of Energy

DOL – Department of Labor

EVS – Employment Verification Services

FAR – Federal Acquisition Regulation

OWCP – Office of Workers’ Compensation Programs

Quality Assurance – Those actions taken by the Government to assure services meet the requirements of the SOW.

QC – Quality Control: Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the SOW.

SF – Standard Form

SOW – Statement of Work

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

The Government shall provide the following resources to the Contractor staff performing under this SOW.

Information Sources

Knowledgeable DOL personnel will be made available to assist Contractor personnel in obtaining information pertinent to this SOW.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

Except for those items or services specifically stated in Part 3 as Government furnished, the Contractor shall furnish all supplies, equipment, and personnel needed to perform this contract.

PART 5

SPECIFIC TASKS

5.0 TASKS

There is one task to be performed under this contract.

5.0.1 The Contractor will research, analyze and obtain evidence supporting

Contractor/Subcontractor contractual relationship with the DOE and maintain a process for tracking, in an electronic format, all evidence collected/received in support of a

Contractor/Subcontractor contractual relationship with the DOE, and report back to the

DOL the information it has obtained. The Contractor will ensure that the documents collected as evidence are properly maintained and stored for future reference.

5.1 METHOD OF TASKING

All work will be performed in accordance with procedures approved by the DOL, with ongoing performance monitoring. All work performed under this contract will be under the direction of the DOL, and/or specifications developed by the DOL. The work to be performed will entail development work and operational work.

5.2. PERFORMANCE REQUIREMENTS

5.2.1 The Contractor will research, analyze and collect evidence supporting a

Contractor/Subcontractor contractual relationship with the DOE and maintain a process for tracking, in an electronic format, evidence collected in support of a

Contractor/Subcontractor contractual relationship with DOE.

At a minimum, the Contractor shall maintain data to include: 1) the

Contractor/Subcontractor name; 2) the DOE site; and 3) the time-period(s) verified and considered to be covered employment.

The Contractor shall apply reasonable research techniques and interpretive analysis when evaluating the evidence in support of the data that will be contained in the database.

5.3 PERFORMANCE OBJECTIVES

5.3.1 Development

Interact with the DOL on the planning and performance of this work

Develop and validate procedures for providing the DOL with information to assist in establishing Contractor/Subcontractor contractual relationships

Develop administrative procedures for collecting and managing data and evaluating performance

Develop and conduct staff training on procedures

Develop procedures for data management, quality assurance and performance monitoring

Maintain a tracking mechanism for data collected in support of contractual relationship.

5.3.2 Operational

Upon receipt of a request for contractual information from the DOL, the

Contractor will perform some or all of the following work and complete it within 20 business days from date of receipt from DOL:

o Provide evidence that the employer had a contractual relationship with a covered facility

Upon receipt of a request for supporting documentation establishing the contractual relationship with DOE, the Contractor will perform some or all of the following work and complete it within 5 business days from date of receipt from DOL:

o Provide the DOL with a copy of supporting documentation that establishes the contractual relationship with DOE

Upon receipt of any new contractual information for a covered facility, the

Contractor will update the electronic tracking system with any new evidence for the covered facility.

Allow the DOL to conduct site visits with access to the evidence collected in support of the information added to the database.

Performance Reporting as follows:

o Provide a monthly report to the DOL, in electronic format, to include the number and name of Subcontractors added to the database, the number of attempted log-ins to the database by each District Office, Final

Adjudication Branch, and National Office, and the number of requests by each District Office, Final Adjudication Branch, and National Office for verification of the existence of a contractual relationship with the DOE.

o Provide a monthly report to the DOL that includes the number of attempted logins to the public version of the database.

o Provide a monthly report to the DOL that includes a description of the activities performed to achieve the performance objectives.

5.4 DELIVERABLES:

1. An updateable electronic structure to maintain a cross-relational list of

Contractors/Subcontractors to DOE worksite, in a reportable format in accordance with this SOW.

2. Upon the end of the contract, the Contractor will transfer all information in the electronic structure, including the “electronic key,” to the DOL. The Contractor will maintain a copy of the database as previously agreed to by DOL.

3. Upon the end of the contract, the Contractor will transfer all hard copy documents supporting the data maintained in the electronic structure to the DOL. The

Contractor will maintain a copy of the database as previously agreed to by DOL.

4. Provide a monthly report of proven Contractors/Subcontracts that have been added since previous report. The report will include the number and name of

Subcontractors. The report will also include the number of attempted monthly log ins to the database by each District Office, Final Adjudication Branch and

National Office, and the number of requests for evidence of a contractual relationship with the DOE that is received from each District office, Final

Adjudication Branch and National Office.

5. Provide a monthly report all attempts made to demonstrate the activities performed to achieve the performance objectives.

6. The Contractor will be expected to complete work related to requests for information on contractual relationships with DOE within 20 business days from date of receipt from DOL.

7. The Contractor will be expected to complete work related to the DOL requests for copies of supporting documentation establishing contractual relationships with

DOE within 5 business days from the date of receipt from DOL.

8. The Contractor will be expected to ensure that updates to the database are derived from appropriate research and the application of sound interpretive analysis.

9. The Contractor shall submit monthly progress reports by the tenth calendar day of each month.

10. Production of reports and responding to requests for information will be provided as needed.

11. The Contractor shall provide a public version of the database that will, at a minimum, display a listing of Contractor / Sub-Contractors (with an associated search feature), and a listing of DOE Sites with an associated search feature.

12. The Contractor shall report to the COR (or other designated Government representative) on a monthly basis, the number of monthly attempted log-ins to the public site.

5.5. RESTRICTIONS RELATING TO CONFIDENTIALITY AND DISCLOSURE OF

INFORMATION: Any designs, equipments, and concepts that evolve from performance hereunder shall be considered as “Confidential Information.” The Contractor shall not disclose any confidential information obtained in the performance of this contract. Any presentation of any designs, equipment, or concepts based on information obtained from the tasks covered by this contract will be subject to review and approval by the

Government before publication or dissemination for accuracy of factual data and interpretation.

During the course of this contract, the Contractor shall have access to Government data relevant to this project as required. Any information, not previously published, received from the Government in connection with this contract or furnished to the Contractor from other sources in response to the Government’s requirements under this contract, will be restricted to this project, and may not be disclosed or used for any other purpose without the prior written approval of the Contracting Officer (CO). Title to Government-owned data shall remain with the Government. The Contractor shall use the Government-owned data only in connection with this Contract.

These restrictions do not apply to information which (a) currently or subsequently enters the public domain; (b) has been released to any third party; or (c) is obtained by the

Contractor independent of the Government.

The data collected under this contract shall be the property of the Department of Labor, Office of Workers’ Compensation Programs. The Contractor or Subcontractor(s) will not release information on any individual to any entity other than OWCP without OWCP consent.

The Contractor agrees not to release to the public any data, analyses, or information relating to this contract, unless directed to do so by the COR.

PART 6

APPLICABLE PUBLICATIONS

Not Applicable