Employee Assistance Program PWS.pdf

Ver. December 2020

PERFORMANCE WORK STATEMENT (PWS)

FOR

Employee Assistance Program Services

1.0 General:

1.1 Scope: The contractor shall provide with services and any materials as set forth and identified in the Statement of Work during the contract period. The EAP vendor is to assist the WING with educating, encouraging, and empowering employees to resolve issues that may adversely impact workplace productivity, performance, conduct, behavior, and/or attendance in the quickest, least restrictive, most convenient, and cost effective manner possible.

The range of issues addressed by the EAP includes, but is not limited to, the following:

1) Emotional conditions such as depression and/or anxiety

2) Stress at home and/or work

3) Alcohol, drug, and other substance abuse

4) Conflict or relationship issues with family members, other employees, etc.

5) Grief/loss

6) Disability or chronic illness

7) Anger management

To accomplish objectives, the WING requires EAP services, the majority of which are via telephone, as necessary in areas where employees are located throughout the state of Wisconsin. This agreement provides for a comprehensive EAP delivering short-term, problem-focused counseling and a variety of services as described herein for counseling and other assistance to employees.

1.2 Background: The Wisconsin National Guard (WING) desires to provide a voluntary, confidential Employee Assistance Program (EAP) for Federal employees to assist the WING in producing and supporting the healthiest possible workforce and work environment. Robust EAP services, including education, information, problem assessment, assistance with initial crisis management, prevention, and intervention, are vital to helping employees identify, address, and resolve a broad and complex array of problems, challenges, or behavioral health issues that may adversely impact workplace productivity, performance, conduct, behavior, and/or attendance.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months (31-Aug-2021 to 30-Aug-2022) and 4 12-month option years.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall provide services 24 hrs a day 7 days a week. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays.

The contractor SHALL perform services on these days:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Juneteenth National Independence Day: June 19th

1.4.3.6 Independence Day: July 4th

1.4.3.7 Labor Day

1.4.3.8 Columbus Day

1.4.3.9 Veteran’s Day: November 11th

1.4.3.10 Thanksgiving Day

1.4.3.11 Christmas Day: December 25th

1.4.3 Quality Control (QC): The contractor shall develop and maintain an effective QC Plan (QCP) to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QCP is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary (PRS).

1.4.4 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will 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 acceptable quality level(s) or defect rate(s).

1.4.5 Installation Access and Security Requirements. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by Department of Defense (DoD), Headquarters Department of Army (HQDA) and/or local policy (see PWS 6.0). Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Awareness Training (AT) Level 1: All contractor employees, including subcontractor employees, requiring access to Army installations, facilities, and controlled access areas shall complete AT Level 1 training within 180 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor and subcontractor employee to the COR within 30 calendar days after completion of training by each employee or subcontractor personnel. AT Level 1 awareness training is available at the following website:

https://jko.jten.mil/courses/atl1/launch.html.

1.4.5.2 iWATCH Training: The contractor and all associated subcontractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program (training standards provided by the requiring activity Antiterrorism Officer (ATO)). This local developed training shall be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR or the KO. This training shall be completed within 10 calendar days of contract award and within 10 calendar days of new employees commencing performance. The contractor shall report completion for each contractor employee and subcontractor employee to the COR, within 10 calendar days after completion of training.

1.4.6 Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.6.1 Mark and safeguard files, output products, and storage media per classification level and disseminate them only to individuals authorized to receive them with a valid need to know.

1.4.6.2 Protect IS and IS peripherals located in their respective areas in accordance with physical security and data protection requirements.

1.4.6.3 Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network.

1.4.6.4 Protection of Personally Identifiable Information (PII). The contractor shall protect all PII encountered in the performance of services in accordance with Defense Federal Acquisition Regulation Supplement (DFARS) 224.103 Personally Identifiable Information and Department of Defense Directive (DoDD) 5400.11, Department of Defense Privacy Program, and DoD 5400.11-R. If a PII breach results from the contractor’s violation of the aforementioned policies, the contractor shall bear all notification costs, call-center support costs, and credit monitoring service costs for all individuals whose PII has been compromised.

1.4.7 Physical Security. The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.8 Special Qualifications: The contractor shall ensure all employees possess all required licenses in the performance of this contract. The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified and qualified to provide services.

1) Credentials and Training of Professional Staff: The EAP vendor is to provide experienced EAP and behavioral health professionals with experience to provide added value through professional guidance and oversight of services.

Master’s level counselor with two years of experience

Licensed/certified where services take place

Consultation with agency leaders to ensure EAP is most effectively serving their workforce

Ensuring that counselors are trained in Federal needs, operations, and culture and in agency- specific issues

Carrying out a multifaceted quality assurance program ensuring top-quality service delivery

1.4.9 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5.

The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced.

The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.10 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO.

The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.11 Identification of Contractor Employees: All contractor 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 that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

1.4.12. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at

FAR 22.17.

1.4.13 Contractor Travel

The contractor may be required to travel to various WIARNG Facilities during the performance of this contract to provide training, administer Climate Assessment Surveys, or provide EAP Services.

The contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires COR recommendation for approval and/or authorization by the KO prior to travel arrangements being made.

The contractor may be required to travel to off-site training locations and to ship training aids to these locations in the performance of this contract. The cost of shipping training aids shall be borne by the contractor.

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

1.4.15 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract 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 OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO 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 KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose 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.

2.0 Definitions and Acronyms:

2.1 Definitions:

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

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.4 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 PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

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

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of an end product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have private of contract with the subcontractor.

2.2 Acronyms:

AEI Army Enterprise Infostructure AR Army Regulation AT/OPSEC Antiterrorism/Operational Security BI Background Investigation CM Contract Manager COR Contracting Officer Representative DA Department of the Army DD254 Department of Defense Contract Security Classification Specification DFARS Defense Federal Acquisition Regulation Supplement DoD Department of Defense FAR Federal Acquisition Regulation GFP/M/E/S Government Furnished Property/Material/Equipment/Services HQDA Headquarters, Department of the Army HSPD Homeland Security Presidential Directive IA Information Assurance IS Information System(s) KO Contracting Officer NGB National Guard Bureau OCI Organizational Conflict of Interest PII Personally Identifiable Information PIPO Phase In/Phase Out

POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program SCR Service Contract Reporting SSN Social Security Number TE Technical Exhibit USD(I) Under Secretary of Defense for Intelligence WING Wisconsin National Guard

3.0 The contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.0 Requirements: The contractor shall provide:

4.1 EAP Services for 120 employees MAX.

4.1.1 Employee Assistance Program

1) EAP vendor to provide employees with toll-free telephonic services and access to EAP staff 24 hours a day, seven days a week, including master's level, licensed/certified EAP clinicians with a toll-free TTY number for the hearing impaired.

2) EAP vendor to provide WING employees with access and information via the Internet/robust websites regarding EAP services.

4.1.2 Assessments/Counseling/Referrals: EAP vendor to offer high-quality telephonic or in-person (when deemed as clinically appropriate by the telephonic counselor) assessments, counseling, short-term problem solving, referrals if needed, and/or follow-up services as deemed appropriate by the counselor to those employees up to a total of four EAP sessions per person per contract year.

2) Types of EAP Referrals: Employees may self-refer by contacting the EAP provider directly, a friend or colleague (who may or may not have used EAP) may suggest the EAP to an employee and recommend its use, or based on observation, a supervisor or HR professional may recommend the EAP to an employee. Such a referral may be mandatory due to poor performance or disciplinary actions.

3) On-site counseling and after-hours services are also accessible as needed.

4) Employees requiring specialized or long-term, ongoing counseling will be referred, by the EAP counselor, to established community resources and facilities for treatment and rehabilitative care. Care resulting from referral is not subject to contract.

It will be the responsibility of the employee or the employee’s health benefit package to cover the cost of services by community resources.

4.1.3 Promotion of EAP Services: Promotional materials must be approved by the WING prior to general use and distribution. EAP vendor to assist in the promotion of EAP services by producing and providing, in electronic format or reproducible template format, promotional materials to include the following:

1) EAP Brochures, pamphlets, wallet cards, and posters for introductory employees and ongoing throughout the year

2) Employee Newsletters sent via email from the EAP vendor to the WING contact for distribution to employees

4.1.4 Risk Management Consultation: EAP vendor to provide consultation and guidance to supervisors and labor representatives to assist in constructively working with employees regarding job performance, attendance, conduct, and/or behavior problems and in referring employees to the EAP for assistance.

4.2 EAP Supervisor Training: If requested, EAP vendor to provide supervisors, labor representatives, and others as deemed appropriate by management consistent, ongoing information about the range of services available through the EAP and how employees access the program. Their roles and responsibilities in the successful implementation and use of the EAP will be explained, including techniques and procedures for referring employees to counseling service. No more than 4 hours per year.

4.3 Climate Assessments Surveys: If requested, EAP vendor to provide an assessment of the WING environment. The surveys/assessments will be accomplished in person and that all information gathered remain anonymous. The EAP vendor uses their expertise in developing questions based on unit concerns. Once completed, the overall analysis and recommendations are provided to leadership. No more than 100 hours per year.

4.4 Travel

Travel may be required in the performance of Supervisor training or the completion of Climate Assessment Surveys. All Travel will be conducted in accordance with the Joint Force Travel Regulation. Travel will not exceed $10,000 per contract year.

4.5 Utilization Reports and Metrics: EAP vendor is to provide statistical reports electronically on a quarterly and annual basis. The annual report is due within 30 days of contract year end. Although names of the individuals treated are to remain confidential, the reports should identify the following:

1) Type of services provided

2) Number of sessions provided

3) Employee’s work location

4) Reason for the services provided

5) Gender of the member receiving services

6) Referral source

4.6 Confidentiality: Confidentiality is a critical element of the EAP. Employees are more likely to seek help and use EAP services if they know their use of the EAP is confidential and does not have a negative impact on their jobs or careers. The program is guided by the laws and regulations that protect client information. Counselors maintain records in accordance with these laws and regulations.

a. 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. All counseling records are owned by the WING and maintained in the strictest confidence. All information contained within the counseling records is considered privileged and under the protection of 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.

c. Counseling records are used as documentation of the services rendered and/or as a source document for obtaining statistical data for management use. Records are not released except as permitted by the Confidentiality Regulations, the Privacy Act, and as otherwise authorized by law.

5.0 Applicable Publications: Publications applicable to this PWS are listed below:

Publication (Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=browsefar Defense Federal Acquisition

Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/current/in dex.html or https://www.acquisition.gov/dfars Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/travelreg.cfm

DoDM 1000.13-M-V1 DoD Identification (ID) Cards (Enclosure 2, paragraph 3.b)

01/23/2014 (Change 1:

07/28/2020) http://www.esd.whs.mil/Directives/issuances/dodm

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors

(paragraph 9)

August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201 -2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security Program

(PSP)

04/03/2017 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDI 5200.46 DoD Investigative and Adjudicative Guidance for Issuing the Common

Access Card (CAC)

09/09/14 (Change 1:

05/04/2018) https://www.esd.whs.mil/Directives/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12

Policy for a Common Identification Standard for Federal Employees and

Contractors

08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and

Civil Liberties Programs

01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy

Program

05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020 https://www.esd.whs.mil/Directives/issuances/dodd/

DoD 8570.01-M Information Assurance Workforce

Improvement Program

12/19/2005 (Change 4:

11/10/2015) https://www.esd.whs.mil/Directives/issuances/dodm/

DoD 5220.22-M National Industrial Security Program

Operating Manual (NISPOM)

02/28/2006 (Change 2:

05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/

Army Directive 2014-05 Policy and Implementation

Procedures for Common Access Card Credentialing and Installation Access for Uncleared Contractors

03/07/2014 https://armypubs.army.mil/ProductMaps/PubForm/A rmyDir.aspx

AR 25-2

Information Assurance

04/04/2019 http://armypubs.army.mil/ProductMaps/PubForm/AR .aspx

AR 530-1

Operations Security

09/26/2014 http://armypubs.army.mil/ProductMaps/PubForm/AR .aspx

AR 525-13

Antiterrorism

12/09/2019 http://armypubs.army.mil/ProductMaps/PubForm/AR .aspx

AR 381-12

Threat Awareness and Reporting

Program (TARP) (Section II, ¶ 2-4.b)

06/01/2016 http://armypubs.army.mil/ProductMaps/PubForm/AR .aspx

Executive Order on Combating Race and Sex Stereotyping

09/22/2020 Mandatory https://www.whitehouse.gov/presidential-actions/executive-order-combating-race-sex-stereotyping/

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

This PRS includes performance objectives the Government will use to determine contractor performance and will compare contractor performance to the Acceptable Quality Level (AQL).

Performance

Objective Performance Standard Acceptable Quality

Levels (AQL) Surveillance Method /

By Whom 4.1

Employee Assistance Program

Vendor to provide employees with toll-free telephonic services and access to EAP staff 24 hours a day, seven days a week

The EAP hotline and its services should be accessible no less than 95% of the time.

Periodic Inspection /

COR

4.2 Climate

Assessment Surveys

Successful development and execution of a climate assessment survey. Result provided to WING Leadership no later than 30 days after completion of survey

Report is received later than 30 days after reporting period no more than once during the period of performance.

Periodic Inspection /

COR

4.3

EAP

Supervisor Training

Provide training to supervisors on information about the range of services available through EAP

Report is received later than 30 days after reporting period no more than twice during the period of performance.

Periodic Inspection /

COR

4.4 Utilization

Reports and Metrics

Provide statistical reports electronically on a quarterly and annual basis with 30 days of period ending

Report is received later than 30 days after reporting period no more than twice during the period of performance.

Periodic Inspection /

COR

TECHNICAL EXHIBIT 2

Deliverables Schedule

PWS

Reference /

Deliverable Title

Frequency Number of Copies

Medium/Format Submit To

1.4.5.3 AT Level

1 Awareness

Training Certificates

Provide within 30 calendar days after employee completes training. If a delivery order is executed requiring employee access to a Government Facility.

1 Electronic Submission

COR

1.4.5.4 iWATCH Training

Certificates

Provide within 10 calendar days after employee completes training. If a delivery order is executed requiring employee access to a Government Facility.

1 Electronic Submission

COR