EAP PWS 2025 Final.pdf

2025 Employee Assistance Program (EAP) - Counseling Services for Employees Testing Positive for Drug Usage Division of Worklife and Engagement

PART 1 - General Information

This Performance Work Statement (PWS) is a non-personnel services contract to provide individualized EAP counseling services on a pay-per-service basis to Department of Labor (DOL) employees who test positive for illegal drug use under the agency’s Drug-Free Workplace Program (DFWP). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn, is responsible to the government.

These services shall include employee assessment, short-term counseling, referral, and follow up, as the goal is to assist DOL employees in addressing substance abuse issues and to provide support and resources for employees to return to productive and drug-free work. Tracking and annual statistical reports and evaluations will also be required.

1.1 Description of Services/Introduction:

The contractor shall provide all personnel, equipment, tools, materials, supervision, and other items and non-personal services necessary to perform these counseling services as defined in this PWS, except as specified in section C-3 as government furnished property and services. The contractor shall perform to the standards in this contract action.

1.2 Background:

In accordance with Executive Order 12564, federal agencies are required to maintain a drug-free workplace.

Further, it is a condition of employment for all federal employees to refrain from using illegal drugs on or off-duty.

This Executive Order recognized that illegal drug use was seriously impairing a portion of the national work force, resulting in the loss of billions of dollars each year. As the largest employer in the Nation, the Federal Government had a compelling proprietary interest in establishing reasonable conditions of employment.

Prohibiting employee drug use is one such condition. The Department of Labor (DOL) is concerned with the well-being of its employees, the successful accomplishment of agency missions, protecting sensitive data, and the need to maintain employee productivity. The intent of the policy is to help those who need it, while sending a clear message that any illegal drug use is incompatible with federal service.

As part of the DOL’s Drug-Free Workplace Program (DWFP), the types of drug testing include: (1) applicant testing; (2) random testing of employees in testing designated positions; (3) reasonable suspicion testing; (4) accident or unsafe practice testing; (5) voluntary testing; and (6) testing as part of or as a follow-up to counselling or rehabilitation. Under the DOL Drug-Free Workplace Plan, it is mandatory for a supervisor to refer any employee who tests positive for illegal drug use (Drug-Free Workplace Plan - Finding of Illegal Drug Use) to the EAP.

Employees who test positive are referred for counseling as a condition of continued employment or as part of a rehabilitative effort. To ensure consistent, qualified services, the Department requires a licensed third-party provider to deliver these services in compliance with these regulations.

https://labornet.dol.gov/me/hr/drugfree/drugfreeworkplaceplan.htm#III https://labornet.dol.gov/me/hr/drugfree/drugfreeworkplaceplan.htm#III

1.3 Objectives:

The objective of this procurement consists of a contractor providing certified and licensed EAP counselors with specific qualifications and experience in substance abuse counseling for federal government employees. The Contractor shall provide a scientifically validated approach for how the EAP counselor will assist in the rehabilitation effort for the affected DOL employee(s).

Key counseling components offered by the Contractor:

1. Pay-for-service.

2. Evidence-based.

3. Compliance with applicable health and privacy regulations.

4. Provide timely access to qualified substance abuse counselors.

5. Support employee rehabilitation and reduce recurrence of drug use.

Key components of the EAP counselors:

1. Serve as the initial point of contact for employees who are referred for counseling.

2. Be familiar with all applicable law and regulations, including drug treatment and rehabilitation insurance coverage available to employees through the Federal Employee Health Benefits Program.

3. Meet the qualifications and be trained in counseling employees in the occupational setting and in identifying drug use.

4. Document and sign the treatment plan prescribed for all employees referred for treatment, after obtaining the employee's signature on the document.

5. In making referrals, consider the:

a. Nature and severity of the problem.

b. Location of the treatment.

c. Cost of the treatment.

d. Intensity of the treatment environment.

e. Availability of inpatient/outpatient care.

f. Other special needs, such as transportation and childcare.

g. The preferences of the employee.

1.4 Scope:

The contractor shall provide confidential, professional counseling and treatment services for employees who are referred by the agency. Contractor will provide up to at least three (3) telephonic or workplace video conferencing sessions compatible with DOL platforms (i.e., Teams, Zoom, and WebEx). The sessions will be delivered on a pay-for-service basis and must meet all federal, state, and local laws regrading substance abuse treatment and confidentiality.

Employee services will begin before September 30, 2025, and commence in FY ‘26, with two optional years.

The contractor shall establish the curriculum at least 30 days before the initial employee counseling session.

1.5 Period of Performance:

The anticipated period of performance is September 22, 2025, through September 21, 2026, with two option periods.

1.6 General Information:

1.6.1 Quality Control:

The contractor shall develop and maintain an effective quality control plan (QCP) to ensure services are performed in accordance with this PWS. The QCP shall document the overall approach to quality assurance. The QCP shall provide specifics regarding how the contractor defines, implements, and assures quality during the Period of Performance. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor's QCP is the means by which the contractor is assured that the work complies with the requirement of the resulting order. The QCP is to be delivered with the contractor's quotation. After acceptance of the QCP the contractor shall receive the Contracting Officer's acceptance in writing of any proposed change to his QCP.

1.6.2 Quality Assurance:

The Government shall evaluate the contractor's performance under this order 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. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s). The Quality Assurance Surveillance Plan will be established within 10 days of award.

1.6.3 Government Remedies:

The Contracting Officer shall follow FAR 52.212-4, “Contract Terms and Conditions-Commercial Items” or 52.246-4, “Inspection of Services-Fixed Price” for contractor’s failure to perform satisfactory services or failure to correct non-conforming services.

1.6.4 Recognized Holidays:

Contractor is not required to perform services on Federal holidays.

• New Year’s Day

• Labor Day

• Martin Luther King Jr.’s Birthday

• Columbus Day President’s Day

• Veteran’s Day

• Memorial Day

• Juneteenth Day

• Independence Day

• Thanksgiving Day

• Christmas Day

1.6.5 Hours of Operation:

The contractor is responsible for conducting performance between the hours of approximately 8:00 am to 5:00 p.m., Eastern Time, Monday through Friday, except federal holidays or when the government facility is closed due to local or national emergencies, administrative closings, or similar government directed facility closings.

The contractor must at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this statement of work when the government facility is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

Telecommuting or “work at home” is authorized under this contract action unless onsite presence for the event is required by the Department of Labor.

1.6.6 Place of Performance:

The work shall be provided via telephone or online as determined by the agency and/or DOL employee.

1.6.7 Type of Contract:

The government anticipates award of a fixed price purchase order.

1.6.8 Security Requirements:

The Contractor shall be responsible for safeguarding information, platforms, and property provided and/or utilized for contractor use. The contractor shall comply with the confidentiality requirements of this Executive Order and all applicable federal laws, rules, regulation, and guidelines.

Test results will be protected under the provisions of the Privacy Act, 5 U.S.C Sec. 552a, et seq. and Section 503(e) of the Act, and may not be released in violation of either this Act or of the Supplemental Appropriations Act of 1987, Pub. L. 100-71, Section 503w.

All drug-testing information specifically relating to employees is confidential and should be treated as such by the contractor. Further, the EAP counselor shall maintain only those records necessary to comply with this order.

After referral of an employee to an EAP, the EAP will maintain all records necessary to carry out its duties. All medical and/or rehabilitation records concerning the employee's drug misuse, including EAP records of the identity, diagnosis, prognosis, or treatment are confidential and may be disclosed only as authorized by 42 CFR Part 2, including the provision of written consent by the employee. With written consent, the patient may authorize the disclosure of those records to the patient's employer for verification of treatment or for a general evaluation of treatment progress.

1.6.9 Special Qualifications:

Not applicable.

1.6.10 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, Contracting Officer’s Representative (COR), and other government personnel, as appropriate, 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.

1.6.11 Contracting Officer’s Representative:

A COR will be delegated separately.

1.6.12 Key Personnel:

The following personnel are considered key personnel by the government: Contract Manager.

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 action. The Contract Manager or alternate shall be available between 8:00 a.m. to 5:00p.m., ET, Monday through Friday, except federal holidays or when the government facility is closed for administrative reasons.

1.6.13 Identification of Contractor Employees:

All contract personnel attending meetings, answering government telephones or utilizing DOL meeting platforms, 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.

1.6.14 Organizational Conflict of Interest:

Contractor and subcontractor personnel performing work under this contract action may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI), as defined in FAR Subpart 9.5. The contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.15 Phase In/Phase Out Period:

Not applicable.

PART 2 - Definition & Acronyms

Contracting Officer’s Representative. A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the contractor

Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

Quality Assurance. Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

Quality Assurance Surveillance Plan. An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

PART 3 - Government Furnished Property, Equipment, and Services

3.1 General:

The government will provide, the facilities, equipment, materials, and/or services listed.

Below for DOL employees.

Telephonic and DOL compatible online platforms will be provided by the Contractor for EAP staff.

3.2 Equipment:

The government will provide equipment and online videoconference services for DOL employees.

3.3 Services:

The government will refer employees to the EAP for assistance in obtaining counseling and rehabilitation upon a finding of illegal use of Schedule I and II drugs.

3.3.1 Utilities:

Not applicable.

3.4 Facilities:

The contractor will ensure all necessary workspace and office equipment, such as telephones, computers, DOL compatible online platforms, and other items necessary to maintain an environment suitable to conduct thorough and efficient employee drug counseling sessions.

PART 4 - Contractor Furnish Items and Services

4.1 General:

Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish all other items required to perform the services in this PWS.

4.2 Clearance:

Not applicable

PART 5 - Specific Tasks

5.1 Services:

The contractor is expected to provide the following deliverables in accordance with the scope of work.

• The Contractor shall provide educational materials and training to managers, supervisors, and employees on the use of Schedule I and Schedule II drugs in the workplace.

• The Contractor shall provide accurate, courteous, and efficient customer service.

• The Contractor shall meet required deadlines.

• The Contractor shall make referrals, document and sign treatment plans accordingly.

• The Contractor shall meet the requirement as described on the PWS of providing tracking, evaluations, and statistical analysis of EAP counseling services for employee drug usage.

The Contractor will provide DOL’s Division of Worklife and Engagement with a proven best approach and detailed plan for administering this program.

PART 6 - Applicable Publications

6.1 Publications Applicable to this PWS:

1) CFR Part 410 – TRAINING https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-410

2) CFR Part 412 - SUPERVISORY, MANAGEMENT, AND EXECUTIVE DEVELOPMENT https://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-412 http://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-410 http://www.ecfr.gov/current/title-5/chapter-I/subchapter-B/part-412

Technical Exhibit 1 Performance Requirements

Performance Objective Standard Performance Threshold

Method of Surveillance

PRS # 1.

The Contractor shall provide accurate, courteous and efficient customer service.

As per DOL’s customer service core values, including respect, empathy and timeliness.

No more than one customer complaint per report.

Validated customer complaint received.

PRS # 2

The Contractor shall meet required deadlines.

Dates and deadlines will be established at initial meeting and during scheduled calls.

No more than one occurrence of missed deadlines or arriving late.

Periodic surveillance.

PRS # 3

The Contractor shall meet the requirement as described in the PWS to provide reports and analysis of EAP counseling services.

Analysis/utilization of

EAP.

Must provide ad hoc reports and quarterly program evaluations and updates.

100 percent of submitted reports.

Technical Exhibit 2 Deliverables Schedule

Deliverable Frequency Medium/Format Submit to

Deliverable Due Dates-

ESTIMATED

Project Kickoff Meeting with DOL staff

Within one week of the award date

Virtual meeting Program manager

Within one week of the award date

Meetings on program utilization, attendance, status/feedback

Defined at Kickoff Meeting Virtual meeting Program manager

Defined at Kickoff Meeting

Tracking/feedback report from EAP counselor(s) for each session.

After the session Electronic file by e-mail as an MS word attachment.

Program manager

After the session

Final evaluation/analysis of the program.

After completion of the program

Electronic file by e-mail as an MS word attachment.

Program manager

Within 10 days of completion of the program

Close out meeting with DOL staff Once Virtual meeting Program manager Prior to 09/30/2025

Email communication & meetings with DWE staff

As needed, at least weekly Email & virtual Program manager Ongoing