RFI PWS_RA Advisory Support Services (240606-0918).docx

PERFORMANCE WORK STATEMENT

Office of Civil Rights Disability Support Branch Reasonable Accommodation Advisory Support Services

Part 1 General Information

1. General: This is a non-personnel services Blanket Purchase Agreement (BPA) to provide Reasonable Accommodation (RA) Advisory Support Services for the Disability Support Branch (DSB). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such BPA service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, materials, supervision, and other items and non-personal services necessary to perform RA Advisory Support Services as defined in this Performance Work Statement (PWS) except for those items specified as government furnished property and services. The contractor shall perform to the standards in this BPA.

1.2 Background: The Office of Civil Rights (OCR) has a responsibility for ensuring that reasonable accommodation requests are processed fairly, promptly, and in accordance Section 501 of the Rehabilitation Act. The agency is required to provide reasonable accommodation to qualified applicants and employees with disabilities. A “reasonable accommodation” is a change in the work environment or in work processes that enables a qualified individual with a disability to enjoy equal employment opportunities. The accommodation must be effective in meeting the needs of the individual by addressing the barrier created by the functional limitations. This requirement will allot up to 767 RA case assignments.

a) Objectives: The Contractor shall provide advisory support with processing reasonable accommodation requests, in conjunction with a designated FEMA personnel.

b) Scope: The Contractor(s) shall facilitate virtual meetings between the employee and the employee’s supervisor on record (SOR). During discussions, the SOR/decision maker and the employee shall identify the precise limitations and types of accommodations which would be the most effective and efficient for both parties to enable the employee to perform the essential functions of his/her job. Following the review of supporting documentation alongside FEMA’s Reasonable Accommodation Policy, the Rehabilitation Act of 1973, and the EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, the contractor shall provide a recommendation to the SOR that determines whether the accommodation is permissible under the aforementioned acts and policy. The contractor must document their recommendation to the SOR in writing. The SOR will make the final determination on the reasonable accommodation request.

1.3 Period of Performance: The period of performance shall be for one (1) Base Year of 12 months and two (2) 12-month option years. The Period of Performance reads as follows:

· Base Year

· Option Year I

· Option Year II

1.4 General Information

1.4.1. Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non- recurrence of defective services. The contractor’s quality control program (QCP) is the means by which he assures himself that his work complies with the requirement of the contract. The QCP shall be delivered with the contractor proposal to the Contracting Officer (CO) and Contracting Officer’s Representative (COR). After acceptance of the quality control plan the contractor shall receive the CO’s acceptance in writing of any proposed change to his QCP.

1.4.2. Quality Assurance: The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). 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, and the frequency of surveillance.

1.4.3. The following performance standards represent the measurements FEMA considers appropriate to the performance evaluation of the deliverables and services that the Agency expects to receive from the Contractor:

1.4.3.1 Timeliness of deliverables completed

1.4.3.2 Degree of quality attained with respect to deliverables

1.4.3.3 Responsiveness of Contractor Staff

· Availability of designated Key Points of Contact: Program Managers and RA Specialists

· Working with staff to ensure deliverables are meeting needs.

1.5 Recognized Holidays: Contractor is Not Required to work.

Independence Day

1.6 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 9:00 AM – 5:30 PM Eastern Standard Time during Monday through 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 maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the aforementioned reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.7 Place of Performance: It is anticipated that the Contractor will perform work solely off-site at the Contractor’s facility or authorized remote worksite. The Contractor should anticipate processing RA requests in the following 10 Regions:

I. Region 1: Connecticut; Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont

II. Region 2: New Jersey, New York, Puerto Rico, and U.S. Virgin Islands

III. Region 3: District Columbia (Headquarters), Delaware, Maryland, Pennsylvania, Virginia, and West Virginia

IV. Region 4: Alabama, Florida, Georgia, Kentucky, North Carolina, South Carolina, Tennessee, and Mississippi

V. Region 5: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin

VI. Region 6: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas

VII. Region 7: Missouri, Kansas, Nebraska, and Iowa

VIII. Region 8: Montana, North Dakota, South Dakota, Wyoming, Utah, and Colorado

IX. Region 9: Arizona, California, Hawaii, Nevada & Pacific Islands

X. Region 10: Idaho, Oregon, Washington, and Alaska

1.8 Type of Contract: FEMA intends to award Multiple Blanket Purchase Agreements (BPA) with the intent to issue Firm Fixed Price Call Orders.

1.9 Security Requirements: Contractor personnel performing work under this contract must have a successful adjudication of FEMA Contractor Fitness at the Non-IT Moderate Risk level prior to performing work on the contract. The contractor must maintain the level of security required for the life of the contract.

1.10 Physical Security: The Contractor shall be responsible for safeguarding all government issued equipment, information and property provided for contractor use.

1.11 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The Post Award Conference shall be held NLT thirty (30) days after BPA award. Post Award Conference will take place via FEMA Headquarters or telephonic.

Periodic Progress Meetings will occur on an ad-hoc basis. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO and/or COR will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.11.1 Contracting Officer Representative (COR): The COR will be identified by a letter of appointment. 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 inspections 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, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property; and provide site entry of Contractor personnel. A letter of designation is 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 order.

1.11.2 Key Personnel: The Contractor shall provide a Project Manager who shall be responsible for all Contractor work performed under this PWS. The Project Manager shall be a single point of contact for the CO and COR. The name of the Project Manager, and the name(s) of any alternate(s) who shall act for the Contractor in the absence of the Project Manager, shall be provided to the Government as part of the Contractor's proposal. The Project Manager is further designated as Key by the Government. During any absence of the Project Manager, only one alternate shall have full authority to act for the Contractor on all matters relating to work performed under this contract. The Project Manager and all designated alternates shall be able to read, write, speak, and understand English. Additionally, the Contractor shall not replace the Project Manager without prior approval from the CO and/or COR.

The Project Manager shall be available to the COR via telephone between the hours of 9:00 AM and 5:30 PM EST, Monday through Friday, and shall respond to a request for discussion or resolution of technical problems within 24 hours of notification.

The Project Manager, at minimum, must meet the following standards:

· 5 years experiences as a reasonable accommodation case manager.

· Communication skills to effectively interface with senior management officials to include GS-15 and above.

· Multitasking skills to effectively ensure that deliverables remain on track and are submitted in a timely manner.

· Problem-solving/decision-making skills to effectively handle or escalate, as appropriate, the many novel situations which arise in any RA case review.

Before replacing any individual designated as Key by the Government, the Contractor shall notify the CO and COR no less than 15 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced, unless otherwise approved by the CO and/or COR. The Contractor shall not replace Key Contractor personnel without approval from the CO and/or COR.

1.11.3 Qualified Personnel: The Contractor shall provide qualified personnel to perform all requirements specified in this PWS. Qualified Personnel shall include but not limited to RA Specialists.

At a minimum, RA Specialists must meet the following standards:

· A reasonable experience level (1+ year) with the application of disability law; specifically, the Rehabilitation Act and the Americans with Disabilities Act/Amendment Act.

· Possess strong communication skills, both written and spoken with ability to manage difficult conversations.

· Must be able to use applicable productivity software (Microsoft Applications – Word, Excel, etc.).

· Must be able to maintain confidentiality of medical information.

It is desirable for specialists to complete a disability program management course, equivalent to that offered by the Equal Employment Opportunity Commission (EEOC), but not required.

1.11.4 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.11.5 Contractor Travel: Travel may be required to obtain Government Furnished Equipment (GFE), to resolve issues with GFE, and to attend meetings. All travel required by the Government outside the local commuting area (50-mile radius outside a FEMA location) will be reimbursed to the Contractor in accordance with the Federal Travel Regulations, and as approved by the COR. The Contractor shall be responsible for obtaining COR approval (electronic mail is acceptable) for all reimbursable travel five (5) days in advance of each travel event.

1.11.6 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the CO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.11.7 Invoice Submission: The Contractor’s invoice submission shall include the following:

· Billing Information (FEMA Address)

· Who the invoice should be paid to (Contractor Address)

· Contractor Tax ID

· Invoice Number

· Date of Invoice

· Due Date of Invoice

· Agreement Period of Performance

· Contract Number (BPA Number)

· Call Order Number

· Service Description (RA Advisory Support Services)

· RA Case Number

· Date of delivery of services (Final RA case submission)

· Rate (Cost of service)

· Hourly breakdown of the action taken to complete a task, hour(s)/minutes(s) used to complete each task, and the date of completion

1.11.8 Organizational Conflict of Interest (OCI): The Contractor shall notify the CO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the CO and in the event the CO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

If for any reason the agency or the contractor determines that the Contractor and/or an employee of the Contractor faces a potential, perceived, or real conflict of interest, the agency shall notify the Contractor or the Contractor shall notify the agency, and the contractor and/or contract employee shall cease all work on, reassign the task, or proceed at the discretion of the agency. At the discretion of the agency, the Contractor may provide an acceptable replacement specialist.

1.11.9 Phase In/ Phase Out Period:

Phase In Period: To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during 45-day phase in period. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

Phase Out Period: On notice of the CO and within the timeframe specified by the CO, the Contractor shall, at a minimum, provide FEMA with the following in the format specified:

· All case files for claims maintained for FEMA claimants on the assigned FEMA laptop, management information reports, other data files, and hard copy forms received, produced, and maintained throughout the life of the contract along with such specifications, documentation, and assistance to assure access and use by the recipient or successor performer.

· A final report outlining all work accomplished under this contract and the problems encountered.

· A Transition Plan for the transfer of the performance of services for the Contractor to another Contractor.

PART 2 DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5. DELIVERABLE. Anything that can be physically delivered but may include non-manufactured things such as meeting minutes or reports.

2.1.6. KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8. QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An

organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12. WORKDAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS:

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND RESOURCES:

3.1. Resources: The Government will provide each RA specialist with a FEMA email account and access to the FEMA intranet.

3.2 Equipment: The Government will provide each RA Specialist with a FEMA laptop.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities, and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.2. Equipment: The Contractor shall provide the means to conduct telephonic interviews.

PART 5 SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services. The Contractor shall provide advisory reasonable accommodation services to qualified applicants and employees with disabilities.

5.2. Conduct Telephonic Conduct Telephonic Discussions and Review Supporting Documentary for Reasonable Accommodation Reviews: The Contractor shall conduct telephonic discussions into reasonable accommodation requests made by an employee or applicant for employment requests. The contractor shall review supporting documentation, FEMA’s Reasonable Accommodation Policy, the Rehabilitation Act of 1973, and the EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, to make a final recommendation to the SOR, who will decide to approve or deny the reasonable accommodation request.

5.3. Training for RA Specialist: The Contractor shall participate in required RA training administered by DSB. The Contractor shall ensure to review and retain RA guidance provided during the administered training sessions.

5.4. Contract Management Reporting: The Contractor shall provide a weekly status report of all current RA cases by 5:00 PM EST on Friday of the reporting week. The status report shall include, but is not limited to the following:

· Case Number

· Date of Case Assignment

· Due Date of Case Assignment

· RA Specialist Name

· Extension Request Date and Approval Date (if applicable)

· Extension Due Date of Case Assignment (if applicable)

· Date of Final RA Case Submission

· Date of Final RA Case Approval

· Case Status

PART 6 APPLICABLE PUBLICATIONS

6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS)

6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures relevant to RA services.

The authority by which DHS/FEMA conducts its RA services includes, but is not limited to, the following:

· FEMA’s Reasonable Accommodation Policy

· Rehabilitation Act of 1973

· Americans with Disabilities Act (ADA) Title I

· EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act

PART 7 ATTACHMENT/TECHNICAL EXHIBIT LISTING

7. Attachment / Technical Exhibit List:

7.1 Performance Requirements Summary

7.2 Deliverables Table

7.3 Deliverable Timeframe by Case Type

7.4 Record Management Obligations

TECHNICAL EXHIBIT 1 PERFORMANCE REQUIREMENTS SUMMARY

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

PRS #1

Submittal of RA Cases

100% Inspection Failure to meet schedule will result in adverse CPARS reporting.

PRS #2

Contractor Management Reporting of Reasonable Accommodation Requests The Contractor shall provide weekly status updates to the Reasonable Accommodation team’s Program Manager(s) during weekly 1-on-1 and group meetings for briefings. This report shall analyze the current tasks and include the following elements:

1. A summary of work performed

2. Deliverables submitted or status on deliverable products Submitted Documentation 100% Inspection Failure to meet the schedule or provide acceptable deliverables will result in corrective action as determined appropriate by the Contracting Officer in consultation with the COR. The range of possible actions includes re- performance of work, withholding payment, renegotiating the schedule in conjunction with appropriate consideration, and partial or total termination for convenience/default of the task order or possibly the blanket purchase agreement.

PRS #3

Contractor Communication and Responsiveness

Inspection Failure to meet the schedule or provide acceptable deliverables will result in corrective action as determined appropriate by the CO in consultation with the COR. The range of possible actions includes re- performance of work, withholding payment, renegotiating the schedule in conjunction with appropriate consideration, and partial or total termination for convenience/default of the task order or possibly the blanket purchase agreement.

TECHNICAL EXHIBIT 7.2 DELIVERABLES TABLE

Contractor Management Reporting of Reasonable Accommodation Requests

Weekly

Electronic Copy via MS Word, or Excel Spreadsheet

Program Manager and COR