Attachment 1 -- PWS for Sources Sought.pdf

B.3 PERFORMANCE WORK STATEMENT (PWS) dated 25 March 2022

PERFORMANCE WORK STATEMENT (PWS)

Employee Assistance Plan (EAP) Service for Cincinnati VA Medical Center

25 March 2022

1. GENERAL. This is a non-personnel services contract in which the contractor shall provide Employee Assistance Program (EAP) services for Cincinnati Veterans Administration Medical Center (VAMC) in Ohio on a firm-fixed price basis. The government shall not exercise any supervision or control over the contract service providers performing the services herein.

BACKGROUND: It is the policy of the Department to provide its employees, and family members, access to an Employee Assistance Program (EAP) to offer resources to address: work-related problems, traumatic incidents, substance abuse, mental illness, marital or family problems, and financial or other personal problems. EAP is a comprehensive program that can provide employees with the support, tools, and resources they need to manage through challenging times and remain productive on the job.

1.1 SCOPE SUMMARY. The contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, supervision, and other items necessary to provide Employee Assistance Program (EAP) services for Cincinnati VAMC in Ohio as established in this Performance Work Statement (PWS) and in accordance with terms and conditions established in the contract for the following location:

Cincinnati VA Medical Center

1.2 PERIOD OF PEFORMANCE. The periods of performance for the base and all option periods for this contract are summarized as follows:

BASE YEAR: 06/01/2022 to 05/31/2023 OPTION YEAR ONE (1): 06/01/2023 to 05/31/2024 OPTION YEAR TWO (2): 06/01/2024 to 05/31/2025 OPTION YEAR THREE (3): 06/01/2025 to 05/31/2026 OPTION YEAR FOUR (4): 06/01/2026 to 05/31/2027

1.3 GENERAL REQUIREMENTS

1.3.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall identify and define the management concept for ensuring compliance with all contract requirements. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor will have an on-going quality assurance and /or quality improvement program designed to objectively and systematically measure, assess, and improve performance to enhance patient care and all patient care services. The contractor’s quality control program is the means by which the contractor assures that all work complies with the requirement of the contract. The contractor shall provide a copy of the Quality Control Program (QCP) with their offeror as specified by the Contracting Officer and upon request thereafter. After acceptance of the quality control plan, the contractor shall immediately notify the contracting officer of any proposed changes to their quality control program and submit a change request in writing to the contracting officer. The contractor shall furnish copies of these records if requested by the Contracting Officer, COR, COTR and/or government representative(s) designated by the CO in writing. The contractor’s quality control program shall incorporate all items specified in the Performance Requirements Summary (PRS) of this PWS.

1.3.2 Quality Assurance. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the government must do to ensure that the contractor has performed in accordance with the performance standards established in the

PRS and the PWS. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s) which shall include but is not limited to the following:

a. Feedback from Veterans and their Families, Visitors, Volunteers and VA staff: Feedback may be obtained from either the results of formal customer satisfaction surveys or from compliments/complaints. In order for complaints to be considered valid, the individual(s) filing the complaint must do so in writing using a locally modified version of VA Form 21-4138 (Statement In Support of Claim). Copies of this form will be available from the CO designated government representative(s) and the VAACC Volunteer Service Desk at the main entrance. The CO designated government representative(s) shall collect completed compliment/complaint forms as they are submitted and retain them as part of the government’s QA/QC file. Complaints shall be investigated by the CO designated government representative(s) and if found to be valid the contractor shall be notified and instructed to correct the cause of the complaint. The CO designated government representative(s) shall additionally document validated complaints on a QASP PRS checklist.

b. Random Monitoring/Surveillance: As stated in the performance standards of the QASP, the Quality Assurance Evaluators (QAEs) as assigned by the CO designated government representative will monitor the contractor’s performance under the contract against the PRS. QAEs will be familiar with the QASP prior to the beginning of monitoring performance and will only have authority to document performance and provide documentation to the COR for his/her review. Documentation of performance will be retained as part of the Government’s QA/QC file. The CO designated government representative(s) shall enter all results of monitoring on a QASP PRS checklist.

c. System Generated Reports: As stated in the performance standards of the QASP, the CO designated government representative(s) will receive notifications from VA TMS when an employee is due/overdue for training. The CO designated government representative(s) shall ensure that the contractor’s On-Site manager is aware that employees are due/overdue for training or prohibited from performing duties under the contract until the training is complete as appropriate. System generated reports will be retained as part of the Government’s QA/QC file. The CO designated government representative(s) shall enter all results of this monitoring on a QASP PRS checklist.

d. Notification from VA Police: As stated in the performance standards of the QASP, the CO designated government representative(s) will receive notifications from VA Police of any incident that leads to the generation of a police report of property damage, report of theft or the arrest of an employee of the contractor.

The CO designated government representative(s) immediately notify the CO of the incident and appropriate contractual action will be taken. Notifications of these incidents will be retained as part of the government’s QA/QC file. The CO designated government representative(s) shall enter all results of this monitoring on QASP PRS checklist.

e. Documenting Performance: The government shall maintain a QA/QC file of the contractor’s performance under the contract documenting positive and negative performance. The CO designated government representative(s) shall quarterly (based on the Federal Fiscal Year) generate a report for both the CO and the contractor based on the QASP PRS checklist for the three months of the quarter. Any communications (except routine) between the government and the contractor shall be summarized and any actions taken by the Government that affect the contract during the reporting period shall additionally be included. Other performance related issues or miscellaneous item will be included in the quarterly report.

If the contractor’s performance for any PRS line item does not meet the PRS performance standard during a monitoring period, the CO designated government representative shall generate a Contract Discrepancy Report (CDR) and present it to the CO for issuance to the contractor as appropriate. The CDR(s) shall specify the nature of the discrepancy, if there are required corrected actions and the timeline for taking corrective actions. The contractor shall acknowledge receipt of the CDR in writing and develop a Corrective Action Plan (CAP) if required. The government shall review the contractor’s CAP to determine acceptability.

CDRs and CAPs will become part of the government’s QA/QC file and may form the basis for contractual actions by the CO if deemed necessary to correct the contractor’s performance under the contract.

f. QASP Review and Updates: Prior to the exercising of any contract option periods, the CO, CO designated government representative(s) and contractor shall review the QASP to determine if any changes to the QASP are needed. The government retains final authority on what is contained in the QASP.

1.3.3 Federally Recognized Holidays. The contractor is not anticipated to provide service on Federally recognized holidays in accordance with the terms and conditions established in this PWS to include but not limited to the following:

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day Juneteeth

1.3.3.1 Any other day specifically designated as a holiday by the President of the United States. If a holiday falls on a Saturday, the preceding Friday is recognized as the holiday; if the holiday falls on Sunday, the following Monday is recognized as the holiday.

1.3.4 Hours of Operation. The contractor shall be available to schedule services from Monday through Friday from 0700-EST to 1700-EST (with peak hours 0800 to 1400-EST) except on Federally recognized holidays.

The contractor shall coordinate with the COR and/or authorized government representative designated in writing by the COR and/or Contracting Officer to schedule services prior to the first working day of the calendar month. All services shall be performed at the rates established in the COST/PRICE SCHEDULE in accordance with the terms and conditions of this contract. The contractor must maintain an adequate workforce to ensure that uninterrupted services are performed for all requirements defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.3.5 Place of Performance. The contractor shall furnish provide services in accordance with the terms and conditions of this contract as requested by the authorized government representative(s) designated in writing by the CO in accordance with the procedures specified within this PWS for the following locations:

Department of Veterans Affairs Cincinnati VA Medical Center

1.3.6 Type of Contract. The government intends to award a single-award firm-fixed price (FFP) type contract for the effort specified herein. The base and option periods (if any) specified in the PRICE/COST SCHEDULE shall be exercised in accordance with the terms and conditions established in the contract. The authority that will be utilized to award this effort will be in accordance with FAR Part 13.5 (Simplified Procedures for Certain Commercial Items).

1.3.7 Security Requirements and Background Checks. All contractor employees shall comply with the security and background check requirements required by Federal, State, Local and the Department of Veterans Affairs to perform wheelchair (or ambulette) transportation service in support of this VA medical facility in the state of Ohio.

1.3.7.1 VAMC/VAACC Identification Badges: The contractor shall ensure that all personnel obtain VAMC/VAACC identification badges from the each VAMC/VAACC security personnel office as appropriate in compliance with all federal and local VAMC/VAACC facility policies. The contractor shall ensure that all employees providing service under this contract are issued a valid government “flash badge” from Columbus VAACC. The contractor shall ensure that all employees are issued/reissued a flash badge every 6-months in order have access to the facility and the facilities grounds. A flash badge is a temporary badge that allows access to the facility for individuals who do not require access to VA IT systems. The government will provide lanyards to the contractor for their employees to carry their flash badges which shall be readily visible all the time. The employees of the contractor may be required to have background checks completed at any given time when required by the government

1.3.7.2 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.3.7.3 Key Control: Not Applicable.

1.3.7.4 Lock Combinations: Not Applicable.

1.3.8 Special Qualifications. See requirements below.

1.3.9 Post Award Conference/Periodic Progress Meetings. The contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer (CO) and government representative(s) designated by the CO may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.3.10 Contracting Officer’s Representative (COR), Contracting Officer’s Technical Representative (COTR) or other Government Representative(s) Designated by the CO. The (COR, COTR or other Government Representative Designated by the CO) if designated will be identified by separate letter issued by the cognizant government Contracting Officer. These designated representative(s) of the CO monitor all technical aspects of the contract and assists in contract administration and are authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract; monitor Contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of contractor personnel. A letter of designation issued to the COR, COTR or government representative(s), a copy of which is sent to the contractor, states the responsibilities and limitations of their responsibilities, most importantly with regard to changes in cost or price, estimates or changes in delivery dates. The COR, COTR and/or government representative(s) of the CO are not authorized to change any of the terms and conditions of the resulting order.

1.3.11 Key Personnel. The following personnel are considered key personnel by the government: Project Manager/Alternate Project Manager and Officer in Charge. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.3.11.1 Personnel Roster. Not later than ten calendar days after notification of award prior to commencement of any services, the contractor shall provide a list of all personnel that will perform services under this contract, their work schedules, and information regarding a contact person for this contract to the Contracting Officer (CO). Thereafter, any changes to the personnel roster of the contractor shall be submitted to the CO, COTR and all authorized government representative(s) designated in writing by the CO within 24 hours of any change in staff.

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

1.3.13 Contractor Travel: Not Applicable

1.3.14 Other Direct Costs: Not Applicable

1.3.15 Data Rights: Not Applicable

1.3.16 Organizational Conflict of Interest: Not Applicable

1.3.17 Phase-In /Phase-Out Period: Not Applicable

2. DEFINITIONS AND ACRONYMS

2.1. DEFINITIONS

BENEFICIARY. Veterans and other members determined to be eligible for benefits by the VA.

CLIN: Contract Line Item Number CONTRACTOR. A vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime contractor and its employees. The contractor is fully responsible for performance of their sub-contractor(s) and shall ensure that their subcontractor(s) are fully compliant with the terms and conditions of this contract at all-times.

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

DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

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

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

NOT TO EXCEED (NTE). The price and/or quantity that the contract or purchase order shall not exceed.

PERSONAL PROTECTIVE EQUIPMENT (PPE): The contractor shall provide all PPE necessary to perform services under this contract in accordance with Federal, State, VA, VHA, state, local and VAACC policies and procedures, which are subject to change. The contractor shall also ensure that all subcontractor(s) performing services under this contract comply with all PPE requirements as specified herein.

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

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

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

QUALITY ASSURANCE. Those actions taken by the Government to assure services meet the requirements of this contract.

QUALITY ASSURANCE EVALUATOR(S): Government personnel responsible for surveillance of contractor performance.

QUALITY ASSURANCE SURVEILLENCE PLAN (QASP). An organized written document specifying the surveillance methodology to be utilized by the government for surveillance of contractor performance.

QUALITY CONTROL PLAN (QCP): The QCP is the contractor's management plan for executing the contract which shall be provided to the government upon request and whenever updated by the contractor. The contractor QCP describes the way in which the contractor will produce the deliverables, and the step-by-step approach that will be taken to ensure the quality of service provided to the government.

SUBCONTRACTOR(S). A subcontractor is one who enters into a contract with a contractor (or prime contractor). The contractor (or prime contractor) may choose to subcontract a nominal amount of patient transports during periods of increased demand to comply with the terms and conditions of this contract. The prime contractor is fully responsible for performance of their sub-contractor(s) and shall ensure that their subcontractor(s) are fully compliant with the terms and conditions of this contract at all-times. In addition, the prime contractor shall ensure that their subcontractor(s) clearly identify themselves as the subcontractor for the prime contractor in all written correspondence (i.e. log books, patient transport sheets, etc.) and verbal exchanges with government representatives for all patient transportation runs.

THE JOINT COMMISSION (TJC). A national not-for-profit organization dedicated to administering accreditation programs that improve the care, safety and treatment of patients in a health care facility and environment.

UNIVERSAL PRECAUTIONS. The standard precautions which shall be taken by the contractor when it is anticipated that an individual may encounter blood or body fluid while performing normal duties which require the use of personal protective equipment (e.g., gloves).

2.2. ACRONYMS:

CBOC Community Based Outpatient Clinic CFR Code of Federal Regulations CLC Community Living Centers CO Contracting Officer CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer’s Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf CPARS Contractor Performance Assessment Reporting System FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996

NHCU Nursing Home Care Unit NTE Not to Exceed OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs OAC Ohio Administrative Code ORC Ohio Revised Code PBS Patient Business Services PM Program Manager PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Plan QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit TJC The Joint Commission VAAR Veterans Affairs Acquisition Regulation VAPS VA Police System VISTA Veteran’s Health Information Systems and Technology Architecture VSC VHA Service Center VAACC Veterans Affairs Ambulatory Care Clinic VAMC Veterans Affairs Medical Center VHA Veteran’s Health Administration VHA PM Veteran’s Health Administration Procurement Manual

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1.Services: Not applicable

3.2 Facilities: Not applicable.

3.3 Utilities: Not applicable.

3.4 Equipment/Material/Space. The government shall provide, at a minimum, the following items to perform duties under the contract:

3.4.1. Space for the establishment of valet service operations (does not include office space).

3.4.2. Space for the drop off/claim of customer vehicles.

3.4.3. A designated lot for the parking of customer vehicles.

3.4.4. A designated lot for the parking of contractor’s employee vehicles.

3.4.5. Government required training for contractor employees (see Section 5.5 Contractor Employee Requirements).

3.4.6. Employee background investigations (see Personnel Security Requirements).

3.4.7. Wheelchairs for customer use and drop off/claim area.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to perform all services under this contract as defined in this PWS and in accordance with the terms and conditions of this contract.

4.2. Materials, Supplies and Equipment: The contractor shall furnish all material, supplies and equipment required to perform work under this contract. The contractor shall NOT be permitted to borrow equipment from the VAMC facility. The contractor shall at no time and under any circumstances exchange supplies and/or equipment with VAACC. The prices quoted in the PRICE/COST SCHEDULE shall be inclusive of consumables utilized to perform services which shall include but is not limited to the following:

4.2.1. Personal Protective Equipment (PPE): The contractor shall provide all PPE necessary to perform services under this contract in accordance with Federal, State, VA, VHA, state, local and Columbus VAACC policies and procedures, which are subject to change. The contractor shall also ensure that all subcontractor(s) performing services under this contract comply with all PPE requirements as specified herein.

5. REQUIREMENTS:

5.1 The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to provide EAP SERVICES in accordance with terms and conditions established in the contract which includes this Performance Work Statement (PWS) and the performance standards established in the Performance Requirements Summary (PRS) portion of this PWS. The government will, in good faith, make every effort to notify the contractor in advance of any special events or construction that could have an impact on valet service usage or parking availability.

5.1.1 Performance Requirements Standards. The performance requirements standards for this contract to include required response times are defined in the Performance Requirements Summary (PRS) section of this

PWS.

5.2 AUTHORITY: Federal law requires that Agencies must offer counseling services to employees. The EAP is the vehicle through which these laws are implemented (Public Law 79-658 (5 U.S.C. § 7901), 91-616 (42 U.S.C. § 290aa-1), and 92-255; Executive Order 12564 Drug Free Work Place Act; and the Americans with Disability Act Amendment Act (ADAAA). The U.S. Office of Personnel Management (OPM), as the lead Agency for Federal EAPs under these laws, offers recommendations regarding the provision of EAP services. More specifically EAP services should:

5.2.1. Be effective, efficient and based on the best available professional practices;

5.2.2. Be provided within a safe, secure and confidential environment;

5.2.3. Maintain clear and open lines of communications with stakeholders;

5.2.4. Allow clients appropriate control over their own care;

5.2.5 Provide continuity of care to help clients achieve their goals; and

5.2.6. The EAP shall embrace OPM’s guidelines and incorporate them into service delivery.

5.3. ESTIMATED AREA OF COVERAGE: The EAP contractor must provide services to all employees of Cincinnati VAMC as required. The total number of employees is approximately 2467.32 FTE as of December 4th, 2020.

5.4 WORK SCOPE. The services performed by the contractor shall include but is not limited to the following:

5.4.1. Assessment.

5.4.2 Treatment Planning.

5.4.3 Short-term Counseling.

5.4.4. Financial Counseling.

5.4.5. Traumatic Incident Management (TIM).

5.4.6. Social Service Assistance.

5.4.7. Information and Referral.

5.4.8. Health Education Training.

5.4.9. Short-term substance abuse counseling.

5.4.10. Education for employees and managers about substance abuse, assessing employees with potential substance abuse problems; identification of resources for treatment and rehabilitation for employees found to need them; and to work with the Cincinnati VAMC requiring activity to successfully transition employees back to the workplace.

5.5 CONTRACTOR EMPLOYEE REQUIREMENTS:

5.5.1. STAFFING: The contractor shall at all times provide enough employees on duty to ensure the contract’s performance metrics listed in the Quality Assurance Surveillance Plan (QASP) are met. The Contractor shall additionally provide at a minimum one On-Site manager who will always be present at the key cabinet(s) to ensure the security of the valeted vehicle keys, provide administrative support and be the primary interface between valet customers claiming vehicles and the Contractor’s employees. The Contractor’s On-Site manager shall not valet vehicles at any time.

5.5.2. EAP COUNSELING STAFF MEMBER: The contractor shall ensure that all EAP counseling staff members have 1) At a minimum, professional counselors, shall hold a master's degree and a current state license or certificate to practice at the highest independent level as a mental health practitioner consistent with state laws and 2) Professional counselors must be trained to assist employees with a wide range of personal issues, as well as, to provide coaching, management consultations, and presentations on a variety of health and wellness topics (Section II. b.).

5.5.3. COMMUNICATIONS: EAP counseling, communications, and information and referral services may be in person, by telephone, or fax, but generally may not be by e-mail, internet, or intranet. Exceptions may be made when the employee gives consent to send and receive information to and from the EAP by e-mail, internet or intranet. Consent must be documented and retained in the employee's EAP file. Before an employee gives consent, he or she must be informed that there is no expectation of privacy regarding such communication or information stored within the Agency’s computer system..

5.5.4. AVAILABILITY: The EAP contractor shall be available 24 hours day, 7 days a week, through a toll-free EAP point of contact.

5.5.5. OTHER REQUIREMENS:

a. Expert, credentialed staff must answer phone calls within 5 minutes, establish eligibility for services, and identify the services needed (e.g., referral to an EAP counselor.

b. A separate TTD number (for the hearing impaired) is also provided.

c. Face-to-face counseling services must be available.

d. The EAP offers unequalled accessibility for employees and their family members – no matter where they live or work.

5.5.6. PUBLICATIONS: At contract initiation, the Cincinnati VAMC employees and respective CBOC employees will receive introductory brochures, wallet cards, and posters. The contractor shall provide each site with sufficient brochures and wallet cards to distribute one to each employee, plus ten (10) percent. The number of posters provided at contract start-up will be agreed upon by the Agency and the EAP Contractor:

a. Quantities will be based upon the number of Agency locations, the number of covered employees, and the needs of the Agency.

b. Thereafter, and upon request, the EAP contractor will supply additional copies of brochures, wallet cards, and posters every 18 months. The EAP contractor will mail brochures, wallet cards and posters third class bulk rate, to the Agency's locations.

c. Any materials requested beyond those provided, or to locations beyond the first two, will be at the expense-of the Agency.

d. ii. Supervisor manuals shall be provided for distribution.

5.5.7. ORIENTATION: Initial orientation for employees and supervisors, and annually thereafter as requested by the Agency.

5.5.8. REPORTING REQUIREMENTS - The contractor's operations manager will be an EAP professional, who will serve as the main point of contact for all operational issues throughout the term of the agreement, including the following:

a. Communication with the Agency Point of Contact and other identified Agency representatives (e.g., Union Representatives, Human Resources staff, Continuity of Operations Plan coordinators, etc.).

b. Review relevant Agency and EAP Contractor policies and procedures to discuss their effect on program operations, as well as, to identify any inconsistencies with professional best practices, standards, laws, and regulations with the Agency Point of Contact.

c. Access to Agency policies regarding the EAP, Privacy Act System of Records notices, relevant personnel procedures, Drug-Free Workplace Plan, etc., to identify their impact on the program and its clients, as well as, any incongruities with the EAP Contractor's procedures. Review and changes shall be coordinated with the Agency Point of Contact.

d. Individuals using the EAP shall be offered a client satisfaction survey. The composite results of the entire consortium are provided in the quarterly report.

e. The Contractor shall provide a standard, comprehensive report monthly to the COR.

5.5.9. EMPLOYEE ACCESS AND EAP ATTENDANCE:

a. ELIGIBILTY FOR SERVICE: i. The EAP is available to the employees designated by the

Agency.

b. PARTICIPATION AND JOB SECURITY: EAP participation is voluntary. An employee may privately access the EAP directly by phone or on a walk-in basis where available. An employee’s job shall not be jeopardized solely for requesting counseling assistance from the EAP. Individuals may be referred to the EAP by supervisors based on work performance or conduct deficiencies. ii.

Employees may initiate contact with the EAP or be referred by-supervisor, labor representative, drug-testing program coordinator, Employee Health Physician, or any number of other sources.

c. SUPERVISORY APPROVALS: (1) INFORMAL REFERRALS - A manager or supervisor may suggest that an employee seek EAP services when the employee’s performance, conduct, or attendance has begun to deteriorate, or when the manager or supervisor learns information that suggests that the EAP might be of assistance to the employee. (2) FORMAL REFERRALS – A manager or supervisor may also formally refer an employee to the EAP. A formal EAP referral is in writing, is usually verbally communicated to the employee, and states the performance, conduct, or attendance reasons why the referral is necessary.

d. ATTENDANCE: Employees are not required to seek permission to meet with an EAP counselor when it is on their own time. Employees may meet with an EAP counselor during their workday by taking approved leave or without a charge to leave, with the permission of their supervisors.

Employees, who receive approval to visit an EAP counselor during their workday without a charge to leave, shall be allowed travel time to and from the EAP counselor’s office. Employees working irregular duty hours may have their tour of duty modified to accommodate their EAP attendance. Supervisors granting EAP visits during duty hours without a charge to leave, at an employee’s request, may require confirmation of attendance.

5.5.10. CONFIDENTIALITY AND RECORD KEEPING:

a. The EAP Contractor must be committed to the highest professional and ethical standards in maintaining the privacy and confidentiality of client information. EAP staff must adhere to the intent and spirit of the laws, policies, and regulations that provide for the protection of personal information. All individuals who utilize EAP services will be informed about the policies and procedures for maintaining confidentiality. In addition, organizations that partner with the EAP are required to adhere to these policies and procedures.

Before the release of any confidential information, the client's signature is required. This signature allows for the flow of information between the client, the program, and the requisite organization. Disclosure may occur when there is a danger to self; others, or property, as outlined in the Statement of Understanding signed by the employee and as authorized by law.

b. EAP client information and records are protected from disclosure under 5 U.S.C. § 552a, the Privacy Act of 1974, Pub. L. No. 93-579 §3, 88 Stat. 1897 (1974) {codified as amended at 5 U.S.C. § 552a (1999)); 42 C.F.R. Part 2 (2001), Confidentiality of Alcohol and Drug Abuse Patient Records ("the Confidentiality Regulations"); and, 45 C.F.R. Parts 160, 162 and 164 (implementing provisions of the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, 110 Stat. 1936 (1996)), as applicable.

Depending on the location in which RAP services are provided and the professional credentials of the EAP counselor, additional protection of client information may be provided by state and professional association laws, regulations, and procedures. The EAP Contractor will maintain records in accordance with 68VA05 Privacy Act System of Records Notice that can be found at the following link:

http://www.rms.oit.va.gov/SOR_Records/68VA05.asp

c. RELEASE OF INFORMATION TO SUPERVISORS

i. Employees may be referred to the EAP by supervisors because of work performance and/or conduct issues. Information about an employee's visit to the EAP will not be released to a supervisor without the employee's written consent, regardless of the nature of the referral, except in very limited situations (e.g., when an employee uses the EAP during work hours, the EAP will confirm that the employee attended an EAP session). Employees are not compelled or required to release information about their visits to the EAP to supervisors. When they choose, to do so, they will sign a consent form that allows for the release of limited information.

d. RECORD KEEPING AND RECORD OWNERSHIP

ii. The VISN 10 shall retain ownership of all records created by the EAP contractor for the duration of the contract. Upon completion of the contract, all records in the possession of the EAP contractor must be returned to the VISN 10 Records Manager or EAP program manager for appropriate disposition.

1. Exception: Transfer to another EAP under a new Contract Term. As outlined below, the contractor will be responsible to create a records inventory, file plan and appropriately disposition records that have exceed the records retention period, in accordance with the VA Records Control Schedule and 68VA05 Privacy Act System of Records Notice.

iii. The Contractor shall maintain records in a manner that supports the professional delivery of services and the confidentiality requirements, including storage, contents, and destruction. Active records are under the custody of the Contractor for the length of the Contract.

iv. Inactive records, if they have already been destroyed because their period of maintenance has passed, are not available for transfer to another EAP vendor.

v. At the completion of the Contract with the Contractor, any active cases may be transferred to another EAP provider with the express permission and instructions from the Contractor staff responsible for the records and the written consent of the clients.

5.5.11. AGENCY CONTACTS: The contracting officer’s representative (COR) will provide this information upon contract award.

5.5.12. RECORDS MANAGEMENT MANDATORY REQUIREMENTS - The following standard items relate to records generated in executing the contract and should be included in a typical Electronic Information Systems (EIS) procurement contract:

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

d. 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 by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

j. 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, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

5.5.13. ADDITIONAL REQUIREMENTS: The contractor shall perform all training required within Attachment I – Training Requirements prior to working with any employees or patients. This training is required for all VA personnel and any person(s) with access to Privacy Information. Training shall be taken via VA’s Talent Management System (TMS) at https://www.tms.va.gov/learning/user/login.jsp. All contractor personnel shall set up a user account and perform the required training. Training shall be completed annually, as required, and all certificates shall be sent to the COR for documentation by the Records Management Officer.

5.6 PERONNEL SECURITY REQUIREMENTS:

5.6.1. BACKGROUND INVESTIGATION: The contractor shall submit to the government the names of all employees who will perform duties under this contract for a background investigation (BI). The cost of BI shall be borne by the contractor and shall reimburse the Government within 30 days of completion of the BI.

The contractor and its subcontractors (if any) who will have physical access to a VA facility for longer than 180 calendar days in a single year are subject to the same investigative requirements as those of regular VA appointees or employee. The government has identified the cost, position sensitivity designation, and level of BI required for each contract employee(s), the appropriate position sensitivity designation will be determined as if VA employees were performing the work summarized as follows:

Public Trust Risk Level Designation:

TBD

Background Investigation Level:

National Agency Check with Written Inquires (NACI)

Forms to be Completed:

Electronic Fingerprints Memo or FD 258 Fingerprint Card;

e-QIP Online Application

Cost: All incurred cost shall be paid by the contractor

NOTE: Fingerprints may be obtained electronically at VAACC. If electronic fingerprints are completed, the Electronic Fingerprint Verification memorandum must be forwarded to the Contracting Officer along with the BI request worksheet. These prints are only good for 120 days; if the security package is not processed before the 120 days expires the prints are dropped from the system and must be resubmitted.

5.6.2. INVESTIGATION INITIATION: The Contracting Officer will submit a request to the VA Security and Investigation Center (SIC) through the Contractor Request Database (CRD). Before the background investigation can be requested, each employee of the contractor will need to complete the BI request worksheet and submit it to the Contracting Officer. Upon receipt of the BI request, the Contractor’s point of contact (POC) will automatically receive an e-mail notification identifying the web site link http://www.opm.gov/e-qip for the contractor’s employee to initiate the Electronic Questionnaires for Investigation Process (e-QIP). This notification provides detailed instructions regarding completion of the application process. This process outlined under this paragraph must be completed within 14 days from the date of hiring of the contractor’s employee. If the e-QIP applications remains “Initiated Untouched by Applicant, it will be automatically cancelled by the U.S. Office of Personnel Management (OPM).

Additionally, the Contracting Agency POC and the VA Contracting Officer will be notified that the requirements of Executive Order (EO) 12968 or EO 10450 and VA directives have not been met. If cancelled, a new request for BI must be submitted prior to re-initiation into e-QIP.

5.6.3. INVESTIGATION ADJUDICATION: After the e-QIP application is successfully accepted, the contractor’s POC will receive an e-mail notification confirming that the required documents have been reviewed and released to OPM. At this point SIC considers the BI process is initiated and the contractor employee may begin, excluding any local requirements and/or restrictions, pending the results of the investigation. Once adjudicated, the certificate of eligibility will be provided to the requesting VA official. If the results are determined unfavorable, the contract shall withdraw the employee for consideration to work under the contract.

5.6.4. PREVIOUS EMPLOYEE INVESTIGATIONS: If the contractor hires staff that previously worked in VA facilities as a contractor-employee and had a background investigation adjudicated favorably within 24 month as of date of award of this contract, the former contractor-employees’ background investigation is still valid. They will not be required to submit applications for new background investigations.

5.6.5. FAILURE TO COMPLY: Failure to comply with the Contractor personnel security requirements may result in termination of the contract for default.

5.7 FAILURE TO COMPLY: Failure to comply with the contractor personnel security requirements may result in termination of the contract for cause.

5.8 MISCELLANEOUS REQUIREMENTS:

5.8.1. At no time shall any employee of the contractor solicit (directly or indirectly) a gratuity or tip for services rendered under this contract. This requirement shall be strictly enforced by the government and the contractor at all times.

5.8.2. Personal cell phone use by the Contractor’s employees is prohibited at all times while operating a vehicle on the VAACC campus.

5.8.3. Employee Behavior: The contractor shall ensure that all employees maintain professional and courteous behavior towards Veterans and their families, visitors, volunteers and VA staff is required at all times. There will be zero (0) tolerance of incidents of assault or violence against a Veteran or their family, visitor, volunteer or VA staff member per employee.

5.8.4. SMOKING is PROHIBITED at all time while operating a client’s vehicle or on Government’s property.

5.8.5. The contractor’s employees shall at no time park their personally owned vehicles in a patient parking lot; an area on the VAACC campus will be designated for their vehicles.

5.8.6. PWS REVIEW AND UPDATES: Prior to the exercising of any contract option periods, the Contracting Officer (CO), CO designated representative(s) and the contractor shall review the PWS to determine if any changes to the PWS are needed. The government retains final authority on what is contained in the PWS.

5.8.7. CONTRACT SECURITY: The VA certification and accreditation requirements do not apply and a Security Accreditation Package is not required for this performance-based service contract in accordance with VA Handbook 6500.6, Appendix A.

5.8.8. ADDITIONAL ROLES AND RESPONSIBILITIES: The contractor shall ensure the following roles and responsibilities are established and maintained for performance of services under this contract:

a. On-Site Manager – The On-Site Manager shall be the primary Point of Contact (POC) between the contractor and the COR for day-to-day operational issues during the performance of duties under the contract. The contractor shall appoint the On-Site Manager in writing and a copy of that appointment letter shall be provided to both the CO and COR at the orientation meeting prior to the start of work.

The On-Site Manager shall not have duties that involve the valeting of vehicles at any time. The contractor shall also designate another employee as Acting On-Site Manager during periods when the On-Site Manager is not present during the performance of duties under the contract.

b. Additional roles may be determined by the contractor at the time of contract award; to be appointed in writing at the orientation meeting prior to the start of work.

5.9 INVOICING PROCEDURES, BILLING RATES AND MANDATORY REPORTS. The contractor shall comply with the terms and conditions established in this contract for invoicing procedures, billing rates and mandatory reports which shall include the following:

5.9.1 Invoicing Procedures. The contractor shall submit invoices only upon completion of work authorized by a government representative designated by the Contracting Officer in writing. The contractor shall only invoice for authorized work completed not-to-exceed (NTE) the amounts established in the SCHEDULE OF SERVICES – PRICE SCHEDULE for this contract. The contractor shall ensure all invoices reference the following information to be considered for payment by the government:

Contract Number Purchase Order (PO) Number Contract Line Item Number (CLIN) Other information requested by the COR or authorized government representative(s) designated in writing by the COR and/or CO.

5.9.2 Billing Rates. The contractor shall submit all invoices in accordance with the terms and conditions of this contract at the rates specified in the SCHEDULE OF SERVICES – PRICE SCHEDULE which shall be priced as…