36C26218R0766-001.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

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. DUNS: DUNS+4:

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. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 87

36C26218R0766 08-21-2018

Soledad De La Torre (562)766-2313 08-30-2018

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

X 100

X

541612

$15 Million

N/A

4811 Airport Plaza Drive Suite 600

Long Beach CA 90815

36C262

Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600

Financial Services Center Contractor shall bill in arrears to:

Tungsten Network http://www.tungsten-network.com/us/

See CONTINUATION Page

Contractor shall Provide Employee Assistance Program (EAP) Services for the VA Long Beach Healthcare System (VALBHS).

Set-Aside Service Disabled Veteran Owned Small Business

(SDVOSB).

See subsequent pages for details.

600-3690152-4135-843100-2580 010043127

X X

X 1

Sandra Fusco, Branch Chief

36C26218R0766

Table of Contents

SECTION A

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

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

B.2 LIMITATIONS ON SUBCONTRACTING – MONITORING AND COMPLIANCE (JUN

2011)

B.3 SCHEDULE OF SERVICE AND PRCING

B.4 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

C.2 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER

CONTENT PAPER (MAY 2011)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (JAN

2017)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (AUG 2011)

C.8 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

C.9 52.224-2 PRIVACY ACT (APR 1984)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED

SMALL BUSINESS SET-ASIDE (JUL 2016) (DEVIATION)

C.12 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.14 IT CONTRACT SECURITY

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION - LOS ANGELES COUNTY

D.2 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, AND

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JAN 2017)

E.2 ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS — COMMERCIAL

ITEMS

E.3 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

E.5 52.216-1 TYPE OF CONTRACT (APR 1984)

E.6 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN

2008)

E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.10 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

SECTION B

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: ________________________________________

b. GOVERNMENT: Department of Veterans Affairs Soledad De La Torre, Contract Specialist VISN 22 Network Contracting Office 4811 Airport Plaza Drive, Suite 600

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than Central Contractor Registration, or

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] MONTHLY

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.

Financial Services Center Contractor shall bill in arrears to:

Tungsten Network

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

5. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

6. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER: In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ____ ____ - ____ ____ ____ - ____ ____ ____ ____

B.2 LIMITATIONS ON SUBCONTRACTING – MONITORING AND

COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments.

Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 SCHEDULE OF SERVICE AND PRCING

The contractor’s price includes all labor and materials in order to provide Employee Assistance Program (EAP) Services in a Healthcare Environment for the VA Long Beach Healthcare System (VSLBHS) located at the Tibor Rubin VA Medical Center at 5901 E. 7th Street, Long Beach CA 90822.

The contract period shall be for one (1) base year, with the Government having the option to exercise four

(4) one-year option periods.

ITEM INFORMATION

Base Year October 1, 2018 thru September 30, 2019 VA Long Beach Healthcare System (VALBHS)

Item Number

Description of Services Qty. Unit Unit Cost

Total Cost

0001 Contractor shall provide Employee Assistance Program (EAP) Services to an estimated 300 employees

12 Month $

Base Year Total: $____________

Option Year One (1) - October 1, 2019 thru September 30, 2020 VA Long Beach Healthcare System (VALBHS)

Item Number

Description of Services Qty. Unit Unit Cost

Total Cost

1001 Contractor shall provide Employee Assistance Program (EAP) Services to an estimated 300 employees

Option Year One (1) Total: $____________

Option year Two (2) - October 1, 2020 thru September 30, 2021

Item Number

Description of Services Qty. Unit Unit Cost

Total Cost

2001 Contractor shall provide Employee Assistance Program (EAP) Services to an estimated 300 employees

Option year Two (2) Total: $____________

Option Year Three (3) - October 1, 2021 thru September 30, 2022

Item Number

Description of Services Qty. Unit Unit Cost

Total Cost

3001 Contractor shall provide Employee Assistance Program (EAP) Services to an estimated 300 employees

Option Year Three (3) Total: $____________

Option Year Four (4) - October 1, 2022 thru September 30, 2023

Item Number

Description of Services Qty. Unit Unit Cost

Total Cost

4001 Contractor shall provide Employee Assistance Program (EAP) Services to an estimated 300 employees

12 Month $

Option Year Four (4) Total: $____________

AGGREGATE TOTAL $____________

AGGREGGATE TOTAL

VA LONG BEACH HEALTHCARE SYSTEM (VASDHS)

EMPLOYEE ASSISTANCE PROGAM (EAP) SERVICES

PERIOD OF PERFORMANCE DOLLAR

VALUE

Base Year October 1, 2018 thru September 30, 2019 $ Option 1 October 1, 2019 thru September 30, 2020 $ Option 2 October 1, 2020 thru September 30, 2021 $ Option 3 October 1, 2021 thru September 30, 2022 $ Option 4 October 1, 2022 thru September 30, 2023 $

Total Base Year + Four (4) One-Year Options: $

B.4 STATEMENT OF WORK

1. INTRODUCTION

The Contractor shall provide Employee Assistance Program (EAP) for the VA Long Beach Healthcare System (VALBHS), located at 5901 E. 7th Street, Long Beach, CA 90822. Contractor shall to provide employees and eligible family members with a broad range of counseling services for any personal or work-related conflict or concern.

2. BACKGROUND

It is the policy of the Federal Government to offer appropriate prevention, treatment, and rehabilitation programs and services for employees with alcohol and/or drug problems. To the extent feasible, agencies are encouraged to extend services to families of alcohol and/or drug abusing employees and to employees who have eligible family members who have alcohol and/or drug problems. Executive Order 12564, 51 Federal Regulation 32889 (Sept. 15, 1986) establishes standards for a Drug-Free Federal Workplace and requires agencies to have Employee Assistance Programs providing assessment, counseling, referral for treatment or rehabilitation, as appropriate. Short-term counseling and referral services that include education and coordination with community resources constitute the appropriate prevention, treatment, and rehabilitation services for alcohol and drug abuse in accordance with these requirements. The Department of Veterans Affairs has therefore established an Employee Assistance Program (EAP) to provide alcohol, drug and other counseling services to its employees and their eligible family members for personal or work-related concerns.

3. SCOPE

The objective of the EAP is to address such problems in the quickest, least restrictive, most convenient, and cost-efficient manner while strictly respecting the confidentiality between the VALBHS employees and the Contractor’s counseling staff. The Contractor shall provide employees and eligible family members with a broad range of counseling services for any personal or work-related conflict or concern.

The range of concerns to be covered includes any emotional, behavioral, mental or personal concern, especially those related to alcohol or drug abuse, which may adversely impact on the employee’s job performance, attendance, or conduct.

The Contractor shall provide high quality services that are customer and client friendly to assist managers, supervisors, and union representatives to improve employee job performance. The Contractor shall provide support to help address organizational situations having a detrimental effect on employees.

4. EAP SERVICES

The Contractor shall provide the necessary personnel, equipment, supplies and support services to perform the EAP services. The Contractor shall be required to provide support services and referral assessment sessions per problem type each year to employees and eligible family members for the following:

a. Marriage, family and relationship problems

b. Eldercare/childcare referral

c. Alcohol and drug abuse, and co-dependency issues

d. Emotional, psychological and psychiatric problems

e. Physical concerns

f. Legal problems

g. Financial and credit problems

h. Work-related issues

i. Social services

The types of communication materials the Contractor shall provide are, but not limited to the following:

a. Informational brochures highlighting EAP topics of interest

b. Posters

c. Newsletters

d. Online resources

e. Program introduction letter to the customer agency

f. Quarterly reports of utilization

The Contractor shall provide EAP services utilizing telephone and local in-person assessment, counseling/problem solving, educational and motivational activities, referral, monitoring, behavioral health consultation, and follow-up services at a mutual agreeable time between the counselor and the employee and/or their eligible family member. All face-to-face services shall be provided at secure, confidential, smoke-free, location accessible to the physically challenged. Appointments shall be offered at times and locations convenient and accessible to the employees and/or their family member.

Counseling shall be available by telephone 24 hours per day, 365 days per year. Telephone counseling is not an acceptable substitute to in-person counseling for employees unless requested or agreed to by the employee or family member. Each employee shall receive 4 free sessions with a license therapist.

5. MONITOR EMPLOYEE PROGRESS

The Contractor shall develop for use by the counselor(s) a method of monitoring the employee's progress in and cooperation with the recommended course of action, referral, or treatment. Where appropriate and allowed by the confidentiality requirements, the counselor shall also apprise the referring management official of the employee's progress in treatment, assisting in job adjustment.

6. RECORD SYSTEM

The Contractor shall plan, develop, use, maintain, and manage a record system in accordance with applicable laws and regulations relating to alcohol and drug prevention, treatment, and rehabilitation; the Privacy Act of 1974; and other applicable laws, regulations, and guidelines governing confidentiality of counseling and medical records.

7. CASE FILES

The Contractor shall be responsible for maintaining complete, individual case files for each employee or family member entering the program. Said records shall be maintained in accordance with the requirements of Privacy Act and Pub. L. 93-282 and the applicable implementing laws and regulations.

All records of the EAP are considered to be under the jurisdiction of the Department of Veterans Affairs and maintained by the designated Human Resources (HR) representative. Upon termination of this contract, for whatever reason, the records shall be surrendered to the designated HR representative.

8. REPORTING

The Contractor shall submit quarterly status and statistical reports to the designated HR representative on all active cases, including information on the number of employees counseled, classification of problem, family involvement, and case disposition. No individual employee-identifying information shall be contained in these reports. The Contractor shall also submit a yearly statistical report. In addition, the Contractor shall be required to submit reports of training sessions held to include a summary of the training material covered and the number of employees and supervisors who attended the training.

9. QUALITY ASSURANCE

Handouts and any critical debriefings sessions shall be provided by HR. Because of the necessity to maintain confidentiality for the counseling sessions, the VALBHS shall rely on any complaints that may be voluntary received concerning the counseling sessions. Human Resources shall share these complaints with the Contractor. Repeat complaints shall record into the contract file and used for evaluating Contractor performance at the end of the contract term or may result in contract termination.

10. DELIVERY

PROGRAM INITIATION AND TRANSITION

VALBHS recognizes that EAP services are vital to the agency and must be continued without interruption. The Contractor shall be expected to coordinate a smooth transition without disrupting any service to the employees to another Contractor if necessary. The Contractor shall use professional judgment and standards of the industry for the handling of case files, clients and changes to the EAP program during the transition from the current Contractor. The Contractor shall, immediately upon award of the contract, contact the designated HR Representative to arrange to assume operation of the EAP contract upon expiration of the existing contract.

Within the first 30 calendar days of service, the Contractor shall provide written informational material for all VALBHS employees regarding the availability of the counseling program and how to obtain services. This shall include pamphlets/handouts, posters, wallet cards and other forms of publicity for EAP services to help employees stay informed. Newsletters and other educational materials shall be made available for distribution to employees within 30 days of service and quarterly thereafter.

At the end of this Contract, if deemed necessary by the Government (designated HR representative), the Contractor shall provide similar transition planning and cooperation to the successor Contractor (refer to Federal Acquisition Regulation (FAR) Clause 52.237-3 Continuity of Services).

11. TRAINING

Within the first 60 days, the Contractor shall provide training sessions to supervisors and other key management personnel within the VALBHS. Such training shall be designed to help management officials use the program effectively in the performance of their responsibilities. Managers shall be encouraged to use the EAP as a preventative measure and shall receive training on specific ways to manage marginal employees and employees experiencing problems. Training for managers and supervisors shall normally last up to 4 hours with an all-employee orientation lasting 1 hour. Videotapes and printed materials that may be used for training of managers, supervisors, and employees shall be made available to the Human Resources representative for use within the VALBHS. The Contractor shall also develop a 30-minute DVD describing in detail how the EAP operates, including the problems it is equipped to handle, the referral system and costs to the employee. This video shall be provided for each employer location for viewing by employees as needed.

THE TRAINING FOR SUPERVISORS SHALL INCLUDE THE FOLLOWING TOPICS:

a) Description and philosophy of the EAP and how the EAP can help both supervisors and employees

b) Availability of advice and consultation services for supervisors who must deal with a troubled or affected employee

c) Definition of a troubled/affected employee and typical signs and symptoms associated with such an employee as well as the prevalence and kinds of personal problems a supervisor might encounter in the workplace

d) Types and effects of drugs, symptoms of drug use and related treatment and rehabilitation programs

e) The supervisor's role in dealing with a troubled/affected employee and referral techniques, the importance of documenting work performance or conduct problems or deterioration, and how to confident the employee

f) Self-vs. management referral processes and procedures for referrals to the EAP

g) Client privacy and confidentiality regulations, use of a consent form, etc.

h) Method of providing feedback to referring officials on employee's progress

i) Relationship of the counseling to the VA Long Beach Healthcare System's disciplinary program

j) The procedures for coping with a traumatic incident

EAP orientations for employees shall include:

a) Description and philosophy of the EAP

b) Prevalence and kinds of personal problems

c) Symptoms of work performance deterioration or conduct problems

d) How the EAP can help and how to seek assistance

e) Confidentiality and that service are at no cost to employee

The Contractor shall provide the training sessions described herein with all necessary training materials.

Training shall be designed to help the attendees access the program effectively. All of the courses delivered by the Contractor are subject to the approval of the designated HR representative prior to presentation. The training sessions shall be held at the VALBHS location.

The Contractor shall provide educational presentations at times and locations specified by the designated HR representative to inform and educate employees on matters that shall help them manage their lives more effectively. Topics shall include but not limited to alcoholism, stress management, caring for aging relatives, etc.

12. COUNSELORS/STAFFING

The Contractor shall provide adequate qualified staffing with consultative and presentation skills to allow for case acceptance on a 24-hour-a-day, 7 day-a-week basis, to meet the regular and emergency needs of all VALBHS employees and family members.

The Contractor shall be responsible for the ongoing recruitment and retention of a dedicated, full-time professional staff that is reflective of the general gender and diversity of the VALBHS employee population, to the extent reasonably possible. VALBHS employees and their family members speak many different languages as their primary language. To facilitate communication with callers and clients, the Contractor shall provide EAP Counselors who are fluent in a variety of languages. The Contractor shall have a staffing program in place to provide qualified and experienced counselors to serve the VALBHS diverse employee base and their families.

Counselors shall provide direct, in-person counseling to employees and family members as appropriate.

The counselor's activities shall be directed toward initial evaluation and, when necessary, referral of the client to his or her community or other resources for appropriate and skilled management of the problems presented. Therefore, the Contractor must develop and maintain close working relationships with community or other resources offering treatment and rehabilitative assistance. Counselors must possess the skills necessary to enable them, through interviewing, to determine the nature of the client's problem(s). If necessary, the counselor may also recommend the client undergo further medical and/or diagnostic evaluation.

13. QUALIFICATIONS OF PRINCIPLE AND ASSOCIATE COUNSELORS:

Measures of qualifications should include evidence of specialized understanding of alcohol and other drug problems and Certified Employee Assistance Professional (CEAP) or other nationally recognized EAP certification. At a minimum, counselors shall have a Master’s degree in social work, counseling, psychology, public health or other employee assistance-related field. In addition, counselors must have at least two years post-degree experience in the EAP field. EAP professionals shall adhere to all government regulations regarding their scope of practice. Individual EAP professionals are responsible for recognizing the limitations of their competence and making certain that all work is performed within those limitations. The offeror's proposal shall provide a detailed plan for providing required services.

Also, the Contractor shall provide the names and resumes of the qualified individuals who shall be working on this contract as key personnel. The Contractor shall make no substitutions of key personnel without obtaining approval in advance.

For management referrals the Contractor's counselors should:

a) Interview management officials, as requested by the VALBHS, HR staff, and provide them with guidelines in confronting employees with job performance or behavior problems.

b) Advise management officials regarding client confidentiality requirements.

c) Interview the employee and, with the employee's knowledge and written consent, obtain the appropriate information including medical history, if necessary, to determine the nature of the employee's problem and recommend sources for referral.

d) Determine the nature of the problem.

e) After professional assessment of the case, advise the employee of appropriate and available community treatment resources, help make arrangements for their utilization, and encourage the employee to participate in a rehabilitative program, if appropriate.

f) Secure a written release from the employee to provide appropriate feedback to the supervisor and HR staff.

g) Maintain ongoing contact with both the employee and the community treatment/resource program to which he/she is referred.

h) Inform the employee that it is his/her responsibility to pay for any referral services, rehabilitation, or treatment program.

i) Maintain familiarity with current provisions of Federal Employees Health Benefits (FEHB) plans and the health plans available to the VALBHS non-federal staff in order to provide counseled employees with information relative to available options and/or benefits.

j) Throughout the treatment program and as allowed by the confidentiality requirements, be available to 1) the supervisor and VALBHS, HR staff to discuss rehabilitative efforts and their relationship to job performance; 2) the family; 3) and other treatment resources for maintenance of a well-coordinate rehabilitation program.

For employee-initiated referrals:

a) When an employee self-refers to the program, he/she shall receive counseling and, if necessary, shall be referred to community resources or facilities for such assistance as is deemed appropriate or necessary.

b) In such self-referring situations, the confidentiality requirements shall be strictly observed. The employee shall not ordinarily be asked to sign a consent releasing information to his/her supervisor.

c) If an employee drops out of a treatment program, the case file should be so documented; no further action shall take place.

Should a self-referral case be in progress and the counselor is consulted by the employee's supervisor about deteriorating performance, the counselor shall confer with the supervisor, but shall adhere strictly to the confidentiality requirements giving no indication of the employee's previous self-referral. The employee may then, if appropriate, be contacted and advised of the potential need to sign consent to release information to the supervisor.

14. GOVERNMENT-FURNISHED PROPERTY

There will be no government properly furnished in the performance of this contract.

15. PLACE OF PERFORMANCE

The EAP services to be provided under this contract shall be accomplished at the mutual agreeable location between the counselor and the employee and/or their eligible family member. Telephone access to qualified counselors shall be provided 24 hours a day, 7 days a week. The Contractor shall provide a qualified counselor to respond to these calls.

16. COMPLAINTS

Contractor shall promptly and courteously respond to complaints within 3 working days. Including complaints brought to Contractor’s attention by the CO. Contractor shall maintain a written record of all complaints, both written and oral showing the identity of the individual, the nature of the complaint, and Contractor’s response. Contractor shall permit the Government to inspect such records upon reasonable notice.

17. CONTRACTING OFFICERS REPRESENTATIVE (COR)

No service shall be provided without the approval of the Contracting Officers Representative (COR) or his/her designee of this contract. The Contractor shall not accept any instructions issued by any other person(s) other than the Contracting Officer or his/her delegated representative acting within the limits of his/her authority.

Delegation of Authority letter(s) shall be forwarded to the Contractor after contract award identifying the COR(s) and all representatives of VALBHS authorized to order services and to accept or reject services from the Contractor. This designation shall be furnished in writing to the Contractor prior to commencement of the contract.

18. CHANGES

The Contractor is advised that only the Contracting Officer, acting within the scope of the contract has the authority to make changes which may affect the contract terms and conditions quality, quantity, price, and/or delivery. The Contractor shall contact the Contracting Officer for approval in the event there are changes prior to proceeding. No other individual has the authority to make this binding changes and/or commitments. In the event that the Contractor commits to such changes at the direction of any person other than the Contracting Officer, the changes shall be considered to have been made without proper authority and no adjustment shall be made in contract price to cover any increase in costs incurred as a result thereof.

19. NORMAL WORKING HOURS

Normal working hours are defined as 7:00 AM to 3:30 PM during weekdays Monday through Friday, excluding weekends and National Holidays. Contractor to work during normal working hours unless otherwise coordinated with the VA COR. If the Contractor proposes different hours of operation, and the Government accepts the Contractor’s proposal, the Contractor’s proposed hours of operation shall prevail.

20. OVERTIME AND HOLIDAYS

Any overtime or holiday pay that may be entitled to Contractor personnel performing under this contract shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

21. FEDERAL HOLIDAYS

Work to be accomplished during normal work hours, excluding Federal Holidays or any other holiday declared by the President of the United States as a national holiday. Whenever a scheduled pick-up falls on a federal holiday, the Contractor shall consult with the COR to determine if a deviation from the work schedule is necessary.

Listed below are the legal Government holidays.

22. RELEASE AND CONFIDENTIALITY OF MEDICAL INFORMATION

The contractor shall only release medical information obtained during the course of this contract to other contractor or VA employees involved in the care and/or treatment of that individual patient. Patient demographics shall be treated as privileged information. Lists, names, and/or social security numbers of patients shall not be disclosed or revealed any way, for any use outside the contractor’s facility or without prior express written permission of the VA Chief of Staff. The contractor is subject to the provisions of the Privacy Act of 1974 (Public Law 93-579); the comprehensive Alcohol and Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1972 (Public Law 93-282); the Drug Abuse Office and Treatment Act of 1972 (Public Law 93-255); and all other Federal or State statues regarding confidentiality of patient information. All contractor personnel shall observe the requirements imposed on sensitive data and information by law, Federal regulations, VA statutes and policy, Veterans Health Administration (VHA) policy and guidelines and the associated requirements to ensure appropriate screening of all personnel (e.g., Privacy Act of 1974, Public Law 93-579, the requirements of the FPM 731, Subchapter 2 under E.O. 10450, etc.).

23. HEALTH AND HUMAN SERVICES – OFFICE OF THE INSPECTOR GENERAL

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services- Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are not listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

24. HIPAA COMPLIANCE

Contractor must adhere to the provisions of Public Law 104.191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with 45 CFR 164.502(e), the Privacy Rule includes exceptions to Business Associate Standard. This requirement meets the Business Associate agreements requirements and does require a Business Associate agreement in order to cover entity to disclose Protected Healthcare Information to a health care provider for treatment.

New Year’s Day 1 January Martin Luther King’s Birthday Third Monday in January President’s Day Third Monday in February Memorial Day Last Monday in May Independence Day 4 July Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day 11 November Thanksgiving Day 4th Thursday in November Christmas Day 25 December http://www.hhs.gov/oig

25. SECURITY BACKGROUND CHECKS

All Contractor employees who require access to the Department of Veterans Affairs computer system shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement Is applicable to Sub-Contractor personnel requiring the same access. The Contractor at the time of award shall certify that their employees working under this contract have had Security Background Checks prior to working at the

VASDHS.

26. CONTRACTOR SECURITY REQUIREMENTS

The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government on the basis of the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. At this time, the current estimated costs for such investigations are as follows:

Level of Sensitivity Background Investigation Level Approximate Cost Low Risk National Agency Check with Written Inquiries $ 381.00 Moderate Risk Minimum Background Investigation $ 1,730.00 High Risk Background Investigation $ 4,431.00

The Contractor shall furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel.

The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/Non-sensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

27. CONTRACTOR SUBMITTALS /INSURANCE REQUIREMENTS

Contractor shall be required to provide copies of the following: The Contractor is required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5- Insurance and Subpart 28.307-2-Liability. Within 15 days of contract award the Contractor shall furnish to the Contracting Officer certification from his/her insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished prior to the expiration date.

28. CONTRACT AWARD MEETING AND COMMENCEMENT OF WORK

The Contractor shall not commence performance on the tasks in this SOW until the CO has conducted a kick-off meeting, or has advised the contactor that a kick off meeting shall not be required based on the request of the customer.

29. CONFLICT OF INTEREST

The Contractor shall not employ any person who is an employee of the United States Government if the employment of that person creates a conflict of interest. The Contractor shall not employ any person who is an employee of the Department of Veterans Affairs (VA) unless such person seeks and receives approval in accordance with VA Regulations and public law. Nor shall the Contractor employee any person who is a member of the immediate family of a VA employee employed at the VA Health Care System if the employment of that family member would create a conflict of interest or appearance of a conflict of interest, particularly with regard to influencing the contract negotiations, terms of the contract, or the work carried out under the contract.

In any such case, the VA must review the matter and give its approval in accordance with agency ethics rules. Contractor shall ensure no violation of ethics occurs between VA staff, VA patients and families of VA staff. Staff shall not accept, solicit, allow or invite gifts, gratuities, sales of items, etc. Any occurrence shall be reported to the COR along with corrective action taken, and the reports will be kept on file for the duration of the contract. The parties agree that the contract personnel working under this contract shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

30. CONTRACTOR POINT OF CONTACT

The Contractor shall assign a Point of Contact (POC) and an alternate POC for the purpose of ensuring compliance with all the terms and conditions of this contract and who shall be responsible for administration and clinical matters in the performance of services under this contract. The POC shall have full authority to act for the Contractor on all matters relating to the daily operation of this contract.

The POC shall be available by telephone Monday through Friday, between 7:30 a.m. to 4:00 p.m.

excluding National Holidays.

Point of Contact (Full Name):

Telephone Number:

E-mail Address:

Alternate Point of Contact (Full Name):

Telephone Number:

E-mail Address:

31. VA POLICY & REGULATIONS

a. Parking Policy It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police. The VA shall not invalidate or make reimbursement for parking violations of Contractor’s personnel under any circumstances.

b. Smoking Policy Smoking is not permitted within or around the VA Healthcare System facilities, except in designated areas. Smoking is allowed in smoking shelters and in all outside areas that are 40 feet away from entrances to buildings unless indicated otherwise. Enclosed patios connected to facility buildings are considered part of the building and as such are non-smoking areas.

c. Badges

All Contractor personnel shall be required to wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. Contractors shall be required to coordinate with COR to obtain the VA provided I.D. badges for all staff. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from any of the VA facilities and/or otherwise referred to federal property.

d. Phones Government telephones shall not be used for personal reasons.

SECTION C - CONTRACT CLAUSES

C.1 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C.

4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold.

(End of Clause)

C.2 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER

FIBER CONTENT PAPER (MAY 2011)

(a) Definitions. As used in this clause—

Postconsumer fiber means—

(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth, after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or

(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not

(3) Fiber derived from printers’ over-runs, converters’ scrap, and over-issue pulications.

(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.

(End of Clause)

C.3 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (JAN 2017)

(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 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…