(S02) RFQ VA Police Psychological Evaluations.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER

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

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

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. UEI: EFT:

PHONE: FAX:

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. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

612-24-1-5105-0001

36C26124Q0046

6. SOLICITATION ISSUE DAT

11-01-2023

Durell Salaz 916-923-4385 11-10-2023

1:00 PM PST

612MCP

Department of Veterans Affairs

VA Sierra Pacific Network (VISN 21)

Network Contracting Office (NCO) 21

3237 Peacekeeper Way, Bldg 200 Suite 204

McClellan Park CA 95652

X 100

X

541611

$24.5 Million

N/A

X

**See Performance Work Statement

612MCP

Department of Veterans Affairs

Network Contracting Office (NCO) 21

3237 Peacekeeper Way, Bldg 200 Suite 204

McClellan CA 95652

Department of Veterans Affairs

FMS VA-9(101) Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

The is a request for Quotes for Psychological Evaluation for VA Police Officers for the VA Northern California Health

Care System (VANCHCS) in accordance with the Performance

Work Statement (PWS).

The resulting award will be an Indefinite-Delivery

Indefinite-Quantity contract with firm-fixed pricing for a period of performance of a base period of one-year with four, one-year options.

Quote instructions are provided in provision 52.212-1.

Evaluation criteria is provided in provision 52.212-2.

Contractor must notify the Contracting Officer once 75% of the Task Order funding has been invoiced for payment.

See CONTINUATION Page

612-3640152-5105-840700-2580 0100407G3

X

36C26124Q0046

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

B.3 PERFORMANCE WORK STATEMENT

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION

SYSTEMS (NOV 2021)

C.4 52.216-18 ORDERING (AUG 2020)

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

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

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

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

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) 29

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.12 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

C.13 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.15 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PAST PERFORMANCE SURVEY

D.2 VH HANDBOOK 0720

D.3 VHA DIRECTIVE 0730

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

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

E.4 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

E.7 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

E.8 VAAR 852.204-71 INFORMATION AND INFORMATION SYSTEMS SECURITY (FEB

2023)

E.9 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2020)

E.10 VAAR 852.211-76 LIQUIDATED DAMAGES - REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023)

E.11 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.12 VAAR 852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE (FEB 2023)

E.13 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.14 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

GOVERNMENT: Contracting Officer 36C261 Angela Gerlitzki

Network Contracting Office (NCO) 21

5327 Peacekeeper Way, Bldg. 200, Suite 204

McClellan, CA 95652

Contract Specialist 36C261 Durell Salaz

Department of Veterans Affairs

Network Contracting Office (NCO) 21

5327 Peacekeeper Way, Bldg. 200, Suite 204

McClellan, CA 95652

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] After completion of work performed.

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Invoicing: All invoices from the contractor shall be submitted electronically in accordance with VAAR

Clause 852.232-72 Electronic Submission of Payment Requests.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

More information on the VA Financial Services Center is available at http://www.fsc.va.gov/einvoiuce.asp

Vendor e-Invoice Set-Up Inform http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.fsc.va.gov/einvoiuce.asp

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the

Solicitation numbered and dated as follows:

AMENDMENT NO DATE

mailto:VA.Registration@Tungsten-Network.com mailto:vafsccshd@va.gov

Referenced FAR Clause, 52.216-22 (Indefinite Quantity), the following minimum and maximum values are provided for the purpose of paragraph (b) of the clause:

The guaranteed minimum award amount for this contract is $1,000. The maximum aggregate value of orders that can be placed under this contract is $500,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum award amount.

B.2 PRICE/COST SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

5.00 EA ________________

Fit-For-Duty Evaluations (FFDE) - Protocols, Practices, and Services

(i.e., for a Specific, and Identified Employee). Estimated Quantity

Contract Period: Base

POP Begin: 12-01-2023

POP End: 11-30-2024

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

General Management Consulting Services

PRODUCT/SERVICE CODE: Q403 - Medical - Evaluation/Screening

65.00 EA ________________

Annual Employee Psychological Assessment | Evaluations

POP Begin: 11-15-2023

POP End: 11-14-2024

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

11.00 EA ________________

Pre-employment Psychological Evaluations

POP End: 11-30-2024

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

3.00 DY ________________

Hotel Accommodations (if required)

POP End: 11-30-2024

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

5.00

EA

(i.e., for a Specific, and Identified Employee) Estimated Quantity

Contract Period: Option 1

POP Begin: 12-01-2024

POP End: 11-30-2025

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

65.00 EA _______________

POP End: 11-30-2025

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

11.00 EA _______________

POP End: 11-30-2025

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

POP End: 11-30-2025

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

Contract Period: Option 2

POP Begin: 12-01-2025

POP End: 11-30-2026

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

65.00

EA

POP End: 11-30-2026

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

POP End: 11-30-2026

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

POP End: 11-30-2026

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

Contract Period: Option 3

POP Begin: 12-01-2026

POP End: 11-30-2027

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

3002 65.00 EA ________________

POP End: 11-30-2027

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

POP End: 11-30-2027

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

POP End: 11-30-2027

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

5.00 EA _______________

Contract Period: Option 4

POP Begin: 12-01-2027

POP End: 11-30-2028

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

65.00 EA _______________

POP End: 11-30-2028

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

POP End: 11-30-2028

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

POP End: 11-30-2028

PRINCIPAL NAICS CODE: 541611 - Administrative Management and

Summary:

Period of Performance Amount

Ordering Period 1 – 12/01/2023 – 11/30/2024 $

Ordering Period 2 – 12/01/2024 – 11/30/2025 $

Ordering Period 3 – 12/01/2025 – 11/30/2026 $

Ordering Period 4 – 12/01/2026 – 11/30/2027 $

Ordering Period 5 – 12/01/2027 – 11/30/2028 $

Aggregate Amount $

B.3 PERFORMANCE WORK STATEMENT

1. The Veterans Affairs Police, Northern California Health Care System (NCHCS) is seeking the services of a psychological evaluation examiner (contractor) to conduct psychological evaluations

(screening and testing) of onboarding VA Police Candidates (pre-employment psychological evaluations), of incumbent VA Police Officers (periodic evaluations), and directed or special evaluations (fit for duty) in the NCHCS Police Service.

1.1. The contractor’s minimum qualifications and capabilities must include:

1.1.1. Being a California licensed psychologist or psychiatrist who are qualified by their education, training, and experience to conduct psychological assessments.

1.1.2. Must be familiar with VA policies relevant to the evaluation and selection of Police Officers.

1.1.3. Must have expertise in clinical assessments as well as the assessment of normal personality characteristics relevant to personnel selection and characteristics relevant to Police Officer selection and retention.

1.1.4. Must be knowledgeable in employment law impacting the administration of these types of personnel evaluations, including but not limited to the Americans with Disabilities Act as

Amended (ADA/ADAAA), Uniformed Services Employment and Reemployment Rights Act

(USERRA), Genetic Information Nondiscrimination Act (GINA), Age Discrimination in

Employment Act (ADEA), Health Insurance Portability and Accountability Act (HIPAA), the

Rehabilitation Act of 1973 and The Privacy Act of 1974.

1.1.5. Must be trained in psychological evaluation of Police Officers, including assessments of clinical and normal personality characteristics relevant to Police Officer selection and retention.

1.1.6. Being familiar with relevant state and federal statutes, California Peace Officer Standards and

Training requirements (CA POST), and case law, as well as other legal requirements related to employment and personnel practices (e.g., disability, privacy, third-party liability).

1.1.7. Being able to adapt relevant Veterans Affairs Police Psychological Standards as they apply to VA police incumbent officers and potential candidates for VA Police officers in accordance with VA Handbook 0720 and VHA Directive 0730.

1.1.8. Psychologists and psychiatrists must adhere to ethical principles and code of conduct for practice as established by the American Psychological and Psychiatric Associations.

2. PURPOSE

2.1. The contractor will, upon request by the Chief of Police Service, or designee, provide psychological evaluations for annual assessments for duty determinations of current VA Police

Officer employees’ ability to perform essential job duties. In addition, the contractor will, upon request by the Chief of Police Service, or designee, provide initial psychological evaluations for duty determinations of potential VA Police Officer candidates’ ability to perform essential job duties. The contractor will also provide training for employees and management regarding mental health/psychological issues as well as consultations with management on applicable mental health topics.

3. BACKGROUND

3.1. The VA Police Service is a Federal Agency within the Department of Veterans Affairs, Police

Service, Office of Security and Law Enforcement. The VA Police’s primary function is to provide a safe and secure environment at VA medical centers, and Community Based Outpatient

Clinics and area National Cemeteries.

3.2. The Police Service employs a workforce of 70 (current FTE) employees who are directly involved in protecting the safety and security of the patients, employees, visitors, buildings, equipment, and VA property under their control.

4. SCOPE OF SERVICES

4.1. All services under this contract shall be in accordance with applicable Federal, State and local laws governing the practice of medicine and psychological services in the State of California.

Prior to the administration of any psychological instruments and interviews, the contractor will ask the employee to sign an informed consent to the conditions of the evaluation. The informed consent shall clearly state that the Authority is the client. The psychological evaluation’s testing battery will include objective, job-related and validated psychological instruments, meeting the

VA police officer psychological standards set forth by Department of Veterans Affairs/Office of

Security and Law Enforcement (VA/OS&LE) VHA Directive 0730.

4.2. The Contractor may be requested to provide consultations with Police Service management and

VA Occupational Health personnel on related mental health topics or court appearances related to an assessment/evaluation on an as needed basis both onsite or offsite as arranged by the Police

Service or mandated by court appearances relating to an assessment/evaluation.

4.3. Evaluations may be conducted remotely through video communication technology with the following considerations:

4.3.1. Administration procedures should be kept as close as possible to the traditional, in-person procedures and documented in the written report.

4.3.2. Remote audio-visual monitoring of the test administration, even with self-administered instruments, is essential.

4.3.3. Utilization of a video teleconference platform that is compliant with Health Insurance

Portability and Accountability Act (HIPAA) Rule Requirements.

4.3.4. Notification of persons being assessed that video applications potentially introduce privacy risks and enable all available encryption and privacy modes when using such applications.

4.3.5. Apply administrative, physical, and technical safeguards to protect information.

4.3.6. Secure all data, interview notes and reports in accordance with VA Policy.

4.4. VA Police Chief (at their discretion) can request in-person psychological evaluations for all

NCHCS VA Police personnel in lieu of remote psychological evaluations.

5. EMPLOYEE ASSESSMENT

5.1. The Contractor shall provide Public Safety Employee Assessment/psychological evaluation appointments within three (3) workdays after a Police Service request at the Contractor’s facility which shall consist of the following:

5.1.1. Authorization Form - Prior to conducting any psychological evaluation of an applicant or VA

Police Officer, the psychologist or psychiatrist must obtain an Authorization Form from the applicant or employee in writing prior to evaluation.

5.1.2. Psychological Testing - A written psychological test battery relevant to the purpose of the evaluation must be utilized in accordance with the guidance provided in VHA Directive

0730. For new-hire evaluations, at least two psychological tests must be administered: one broadband measure of normal-range personality traits and the other a broadband measure of psychopathology and personality problems. For annual or special evaluations, testing should only be used if the interview or the screening and assessment tools raise concern for functional ability, stability, or suitability. NOTE: Instruments, such as the PHQ2, PC-PTSD, AUDIT or other standardized instruments, may be used for screening; A positive response on any screening instrument is an indication that further testing may be necessary and cannot, in and of itself, be used as grounds for a final recommendation.

5.1.3. Clinical Interview - The interview must be conducted in a consistent, comprehensive manner that focuses on the collection of information relevant to the purpose of the evaluation and adheres to professional and industry standards.

5.1.4. Review of Candidate’s History - The evaluation of VA Police Officer applicants and employees must include a review of the individual’s history that is pertinent to the purpose of the evaluation.

5.2. Pre-employment Psychological Evaluation. The pre-employment psychological evaluation focuses on the functional requirements for the position of a VA Police Officer, as well as suitability and stability for the role. It must consist of a standardized interview and standardized objective psychological testing with symptom validity scales. At least two psychological tests must be administered. The psychological evaluation must also include exploration of substance abuse and symptoms of other mental health disorders that may be considered an impediment to effective functioning as a VA Police Officer.

5.3. Periodic Evaluations. Periodic or annual evaluations focus on functional requirements for maintaining the position of a VA Police Officer. To initiate the evaluation, VHA Human

Resources must provide a written request for the periodic evaluation and provide a documented reason to the employee when ordering the exam. A standardized interview must be conducted, and psychological testing should only be conducted when concerns are raised about the psychological fitness of the Police Officer during the psychological evaluation. Screening instruments, such as the Personal Health Questionnaire 2 (PHQ2), PTSD Screen for Primary Care

(PC-PTSD), Alcohol Use Identification Test (AUDIT) or other standardized instruments, may be used if additional testing is needed. A positive response on any screening instruments is an indication that further testing is required and cannot, in and of itself, be used as grounds for the final recommendation. If the interview or the screening and assessment tools raise concern for functional ability, stability, or suitability, further psychological testing may be done.

5.4. Directed or Special Examination. Incumbent VA Police Officers may be referred for a directed or special examination when there is objective evidence as determined by VHA Human

Resources to indicate the employee’s ability to perform essential job functions may be compromised.

5.5. Required Evaluation. The psychological evaluation shall focus on the functional requirements for the position of VA Police Officer, as well as suitability and stability for the role. The evaluation of the functional requirements for the position of VA Police Officers must be done using the constructs provided by the ten empirically derived psychological screening dimensions developed by the California Commission on Peace Officers Standards and Training (POST)

Psychological Screening Manual.

6. EMPLOYEE ASSESSMENT REPORT

6.1. The Contractor shall prepare an assessment report format and utilize it when assessing an employee’s ability to perform the essential functions of his/her job when requested by the Police

Service. These evaluations shall include a clinical interview, review of relevant department reports, and direct consultation with the supervisor who requested the evaluation, psychological testing as appropriate and a psychological evaluation. Findings shall be reported report on a graded scale. Pass/Fail grading shall not be used. The detailed report will be provided to the

Occupational Health Service. To protect the candidates’ privacy, a Pass/Fail grading may be used in a letter to the Chief, Police Service. The assessment reports provided to employee health, and the assessment letter furnished to the Chief of Police will include the following statements for successful employees:

6.1.1. “The interview reveals no evidence of any emotional or mental condition which could cause the employee to be a hazard to self or others during stressful situations and physical altercations in the course of his/her duties as a VA Police Officer, which includes the carrying of a firearm.”

7. PRE-EMPLOYMENT SCREENING/ANNUAL EMPLOYEE ASSESSMENT/FIT FOR DUTY

REPORTS

7.1. The Contractor shall submit the proposed format of the annual employee assessment, to the Chief, Occupational Health through the CO’s Technical Point of Contact (TPC) before the Initial Project

Orientation meeting. Assessments shall not be conducted until the assessment report format has been approved by the Authority.

7.2. The Contractor will provide verbal assessments of all employee’s psychological evaluations no more than two (2) workdays after the evaluation. The Contractor shall send the written employee assessment reports to Occupational Health, NCHCS, no more than ten (10) workdays after the examination. The reports shall be furnished in a sealed envelope marked “confidential” and shall be mailed to:

Northern California Health Care System

Occupational Health Service

Attn: Dr. Thomas E. Gamsky

10535 Hospital Way

Mather, CA 95655

8. MEDICAL RECORDS

8.1. The testing materials and evaluation results of all employee assessments shall be securely stored, kept confidential and only released pursuant to applicable Federal and State laws and regulations.

The Police Service or Occupational Health may also request additional copies of the assessment at no additional cost.

8.2. Records generated as a result of an employer-sponsored psychological evaluation program are the property of the Veterans Affairs. At the end of this contract term, all records shall be transferred to the Contractor who will have the follow-on contract, if it is different than the incumbent

Contractor, at the Chief of Police’s request without additional cost to the VA. Transfer to be fully accomplished within thirty (30) days of notification.

9. RECORDS MANAGEMENT

9.1. The psychological recommendation report from the psychologist or psychiatrist must be maintained in the Employee Medical Folder for the employee or applicant. Employee medical records are subject to VA privacy and confidentiality restrictions, as outlined in VA Handbook

5019, as well as all other applicable privacy and disclosure laws.

9.2. The recommendation report may not be disclosed to anyone without a written release of information from the applicant or employee unless such disclosure is authorized under the Office of Personnel Management/Govt-10, Employee Medical File System Records requirements.

9.3. Employees must sign an authorization to release information prior to undergoing any directed or special physical examination and made aware that results of the examination may be shared with leadership or others with a need to know in an effort to continue the mission of VA. Failure of the employee to submit to a directed or special physical examination or to sign the authorization form may result in application rejection or disciplinary action, including removal from employment with VA. See VA Handbook 5019, Employee Occupational Health Service.

9.4. Raw data (such as raw assessment data) must be maintained in accordance with VHA and Human

Resources policy. Per the OSLE Fact Sheet, titled “Officer Physical Examinations and

Psychological Assessments,” raw examination materials (testing documents, interview notes, etc.)

remain in the custody of the psychologist, and neither Human Resources nor the selecting official has a routine need to see the raw test materials.

9.5. All records regardless of format (e.g., paper, electronic, electronic systems) created by this directive shall be managed per the National Archives and Records Administration (NARA) approved records schedules found in VHA Records Control Schedule 10-1. Questions regarding any aspect of records management should be addressed to the appropriate Records Officer.

10. RECORDS MANAGEMENT OBLIGATIONS

10.1. Applicability

10.1.1. This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

10.2. Definitions

10.2.1. “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States

Government or because of the informational value of data in them.

10.2.2. The term Federal record:

10.2.2.1. Includes VHA records.

10.2.2.2. Does not include personal materials.

10.2.2.3. Applies to records created, received, or maintained by Contractors pursuant to their VHA contract.

10.2.2.4. May include deliverables and documentation associated with deliverables.

10.2.3. Requirements

10.2.3.1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a).

These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

10.2.3.2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act

(FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

10.2.3.3. In accordance with 36 CFR 1222.32, the Contractor shall maintain all records created for

Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with

Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

10.2.3.4. VHA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of VHA or destroyed except in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the

Contracting Activity. Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, the

Contractor must report to VHA. The agency must report promptly to NARA in accordance with 36 CFR 1230.

10.2.3.5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records, or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records, and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity.

When information, data, documentary material, records, and/or equipment is no longer required, it shall be returned to VHA control, or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY

PROHIBITED unless in accordance with Paragraph (4).

10.2.3.6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material, and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by

Government and VHA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

10.2.3.7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with VHA policy.

10.2.3.8. The Contractor shall not create or maintain any records containing any non-public VHA information that is not specifically tied to or authorized by the contract.

10.2.3.9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10.2.3.10. The VHA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which VHA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

10.2.3.11. Training. All Contractor employees assigned to this contract who create, work with or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. [Note: To the extent an agency requires contractors to complete records management training, the agency must provide the training to the contractor.]

10.2.4. Flow down of requirements to subcontractors

10.2.4.1. The Contractor shall incorporate the substance of this clause, its terms, and requirements including this paragraph, in all subcontracts under this [contract vehicle], and require written subcontractor acknowledgment of same.

10.2.4.2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.

11. MANAGEMENT CONSULTATIONS

11.1. The Contractor may be requested to provide consultations with VA Police Service management on related mental health topics or court appearances related to an assessment or evaluation.

12. CONTRACT STARTUP PROCEDURES

12.1. Prior to commencement of work, the Contractor shall meet in conference with the CO and the

CO's Technical Point of Contact (TPC) to discuss and develop mutual understandings related to scheduling, administration of work, and milestones will be established.

13. SCHEDULING EXAMINATIONS

13.1. The CO will provide the Contractor with a statement identifying NCHCS Police Service personnel authorized to schedule appointments. Each participant will be given directions and appropriate forms to take the evaluation.

13.2. For other assessments, such as job-related psychological evaluations and management of other special consultants, the Police Service will schedule with the Contractor’s representative on a mutually satisfactory basis, usually within three (3) workdays.

13.3. If cancellation of the test is necessary, the Police Service will give notice as soon as possible.

13.4. If the employee fails to keep his/her appointment, the Contractor will notify the Police Service within twenty-four (24) hours of the missed appointment.

13.5. The Contractor will maintain a confidential file on all individuals who are evaluated.

13.6. As described in this Statement of Work, the Contractor shall send the VA Occupational Health the required assessment reports within the specified time frame.

14. PERFORMANCE

14.1. The Contracting Officer (CO), in consultation with the Contracting Officer’s Technical Point of

Contact (TPC) and Police Service management representatives, shall consider the quality of the work being performed on a regular basis and advise the Contractor in writing of any discrepancies or modifications required to any report format, testing, interview, evaluation or assessment format.

14.2. The Contractor shall notify the CO in writing within ten (10) days of any changes in personnel or any change in credentials or duties performed by personnel involved in the assessment testing and reporting aspects of this contract. This notification of changes in personnel or any change in credentials or duties performed by personnel involved in assessment testing and reporting aspects of this contract MUST INCLUDE resumes containing the name, title, education, and experience for new person assigned, copies of all licenses, certifications and a brief description of their duties to be performed under this contract.

(END OF PERFORMANCE WORK STATEMENT)

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any

Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the

Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal

Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The

Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the

Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds

Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other

Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act

(31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the

Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the

Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the

Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in

FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31

U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;

18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety

Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 4701 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5)…