REVISED SOW.docx

Police Psychological Evaluations

1. PURPOSE

The purpose of this contract is to acquire psychological evaluations and testing for Cheyenne and Cheyenne CBOC VA Police Officers to determine an individual’s suitability to perform the duties of a police officer as well as carry a firearm. The contractor shall provide all necessary labor, supervision, equipment, supplies, materials and travel to provide psychological evaluations and testing for VA Police Officers.

2. BACKGROUND

VA medical facilities are protected by police officers who have arrest authority, as defined by 38 U.S.C. Chapter 9. They protect life and property on VA owned or operated land and buildings and must regularly make decisions on the appropriate application of force, the use of a firearm, police baton, or OC spray. Applicant and incumbent VA police officers must meet certain functional requirements. In order to meet the specific behavioral functional requirements for the successful police officer, individuals must:

a. Possess a high level of personal integrity

b. Be able to maintain control of anger and emotions

c. Be compassionate towards others, especially those who cannot care for themselves

d. Be able to quickly respond to emergency situations

e. Have respect for authority and rule of law

f. Be emotionally able to apply physical and possibly lethal force as needed, and to recognize when such force is necessary, but in strict accordance with training and policy requirements

g. Be able to often work independently, but within a regimented group

3. REQUIRING FACILITIES

4. DESCRIPTION OF SERVICE

The Contractor shall provide initial, annual and incident psychological evaluation of all VA Police Officers (including VA Police Supervisors, Training Officers, Detectives, Criminal Investigators, Deputy Chiefs, and Chiefs). All VA Police Officers shall be re-examined annually to determine their continued emotional suitability to perform the duties as required of a VA Police Officer. VA Police Officers shall be re-examined when there is a sudden or dramatic change in an employee’s customary behavior that may increase concern to determine their continued emotional suitability to perform the duties as required of a VA Police Officer. Concerning behavioral changes and/or issues may include:

a. One or more personnel complaints, whether originated internally or externally, particularly complaints of the use of unnecessary or excessive force, inappropriate verbal conduct, or any conduct indicating an inability to exercise self-control and self-discipline.

b. An abrupt and negative change in customary behavior, toward an inability to perform essential functions of the position.

c. Irrational verbal conduct or behaviors, including delusions and hallucinations.

d. Suicidal statements or behaviors, or personal expressions of mental instability.

e. Unexplained and excessive tiredness or hyperactivity.

f. Dramatic change in eating patterns resulting in sudden weight loss or gain, or diagnosis of a life-threatening eating disorder.

g. Change in behavior pattern to inattention to personal hygiene and health.

h. Inappropriate use of alcohol, medications or other drugs, including symptoms of illegal drug use.

i. Memory losses.

j. Impatience or impulsiveness, especially with a loss of temper.

k. A pattern of conduct indicating a possible inability or decrease in ability to defuse tense situations, a tendency to escalate such situations or create confrontations.

l. Unexplained and inappropriate excessive lateness or absenteeism.

m. Any other factor or combinations of factors that causes a supervisor to reasonably suspect that a fitness for duty evaluation may be necessary.

5. REQUIREMENTS

Delivery of Service. The evaluation will be completed within 30 days from the date the designated facility point of contact calls to set up appointment. If evaluation is completed off-site, the contractor will have the ability to meet with the police applicant/officer at a location within 30-mile distance from the VA Health Care Facility. If evaluation is done on-site, contractor will utilize the Occupational Health or other identified examination room to conduct the evaluation. Initial evaluations shall be done on a face-to-face basis or virtually at the discretion of the facility. Annual or incident evaluations can be accomplished by conducting the evaluation face-to-face at an off-site location, or on-site location or by video teleconference.

Psychological Assessment. The initial and annual medical examinations must include a psychological assessment of the police applicant/officer’s emotional and mental stability by a contracted evaluator. Police officer duties include personal encounters with patients, visitors, and other employees. Encounters are often with mentally ill, irrational, or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment. Any emotional or mental condition which could cause the police applicant/officer to be a hazard to others or self during stress situations and physical altercations will disqualify. The psychological assessment will be limited to an interview by a psychologist or psychiatrist covering only job-related factors.

Psychological Testing. Standardized psychological testing may be used only after reason to question the police applicant/officer’s suitability has arisen. If, during the psychological assessment (the interview), the psychologist/psychiatrist has an articulable reason to doubt that the officer is capable of performing the duties of a police officer, the contracted evaluator should make a formal recommendation for psychological testing to the Employee Health physician. In such a situation the Employee Health physician may approve such a recommendation and direct appropriate psychological testing.

Requirements for Interview/Testing. Initial interviews are conducted with any newly hired police officer and annual interviews are conducted with police officers every year thereafter the initial interview.

On initial interview with a newly hired police officer at the VA Health Care Facility, the contracted evaluator will complete the following (note clarification in Attachment A):

1. Minnesota Multiphasic Personality Interview (MMPI-2)

2. California Psychological Inventory (CPI)

3. Generalized Anxiety Disorder – 7 (GAD-7)

4. Patient Health Questionnaire-9 (PHQ-9)

5. Interview with Officer to determine psychological safety to ensure the officer is able to work within the department at the VA Health Care Facility.

On annual interview with police officer who is currently working at the VA Health Care Facility, the contracted evaluator will complete the following (note clarification in Attachment A):

1. PHQ-9

2. GAD-7

3. Interview with Officer to determine psychological safety to ensure the officer is able to work within the department at the VA Health Care Facility.

Incident medical examinations must include a psychological assessment of the police applicant/officer’s emotional and mental stability by a contracted evaluator. Police officer duties include personal encounters with patients, visitors, and other employees. Encounters are often with mentally ill, irrational, or disturbed persons who, although assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment. Any emotional or mental condition which could cause the applicant/officer to be a hazard to others or self during stress situations and physical altercations will disqualify. The psychological assessment will be limited to an interview by a contracted evaluator covering only job-related factors.

Contracted evaluator will complete report and send to VA Health Care Facility Occupational Health Department with final review and determination within 5 business days of evaluation.

Re-test. If during the psychological evaluation for incumbent police officers, the psychologist has an articulable reason to doubt the officer is capable of performing the duties of a police officer (including the use of firearms).

The Contractor shall provide results/reports in the form of a one-page letter to the Occupational Health Physician at the facility where the examination was conducted. The report will indicate Pass/Fail: Recommended/Not Recommended for use of a firearm at the VA Medical Facility. A second copy will be sent to the Chief of Police, within five (5) business days of evaluation, at the facility where the examination took place.

Privacy Act Notification. Any reports, as well as internal working documents generated by the Contractor, are the property of the VA and shall be kept confidential from the officer. The Contractor and/or staff are not authorized to disclose any information pertaining to a VA employee to any source. Any request for information shall be forwarded to the Occupational Health Physician.

Requirements for the Contracted Evaluator. The contracted evaluator must meet the requirements of 1031 (f) of the Government Code, which requires the mental and emotional condition of officers "shall be evaluated by a licensed physician and surgeon or a licensed psychologist with a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of mental disorders." The evaluator shall be instructed by the US Government to only release that information as allowed under this policy or as otherwise required by law.

Limited Scope of Report. The US Government has a right to information that is necessary to achieve a legitimate purpose. The evaluation is ordered by and conducted for the US Government. It is not for the purpose of treatment but to determine fitness for duty. The limited verbal and/or written results of the evaluation will be provided to the US Government as a confidential personnel record. The report and information received by the department shall be limited to:

· a conclusion regarding the determination of fitness for duty,

· a description of the functional limitations of the employee,

· whether the condition that leads to the functional limitations is industrial or non-industrial in nature,

· other information to the extent authorized by law, necessary to achieve the legitimate purpose of the employer.

· no statement of medical cause shall be included.

Exception. Where the employee has initiated a lawsuit, arbitration, grievance, worker's compensation or other claim or challenge involving his or her medical history, mental or physical condition, or treatment, the report may contain information which is relevant to that action.

An employee may waive in writing any or all restrictions on the information reported to the employer.

Disposition of Report. The contractor shall establish appropriate procedures to protect the information from unauthorized use or disclosure. The report may only be used or disclosed in a legitimate and appropriate proceeding to the extent authorized or compelled by law.

Refusal to Cooperate. The contractor shall immediately report to the Contracting Officer’s Representative of any refusal to cooperate by a US Government employee.

6. QUALIFICATIONS

a. Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, Commonwealth of the United States, or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approved by the VA Facility Director at the VA facilities credentialing and privileging the Contractor’s psychologist(s). Personnel must have experience commensurate with their assigned responsibilities.

b. Services shall be provided by a Psychologist(s) who has a doctorate from an American Psychological Association (APA) approved graduate program, is experienced working with adults, and is experienced in performing psychological assessments on police officers and/or police officer applicants. It is highly desirable that the Psychologist be board certified in Forensics by the American Board of Behavioral Psychology (ABBP). The Psychologist shall be a recognized expert demonstrating expertise in completing these specifically focused police officer exams.

c. Individuals performing under this contract must:

(1) Have no physical/mental limitations or other conditions that may adversely affect his/her ability to perform as required by this contract;

(2) Has not had a loss, reduction, restriction, or revocation of his / her clinical privileges at any institution;

(3) Has not, or is not currently, and is not pending any litigation for medical malpractice;

(4) Is a member in good standing or has not had a loss of medical staff membership at or from any institution; and

(5) Has, or has pending currently, no felony criminal charges against him/her.

If any individual performing under this contract is found, by the Government or by the Contractor, to have any of the aforementioned issues, the Contractor is responsible for removing the individual immediately from work under this contract.

7. PERSONNEL POLICY

The Contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the Contractor shall provide the following for these personnel:

The parties agree that the Contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.

8. CREDENTIALING AND PRIVILEGING

a. Contractor will ensure that all psychologists be employed under this contract participate in the VA Credentialing and Privileging process. Contracted evaluators working on site at any VISN04 healthcare facility will be credentialed and privileged for that facility as described in VHA HANDBOOK 1100.19: Credentialing and Privileging. The contracted evaluator(s) must participate in the credentialing privileging process through at least one facility in VISN 04. The credentialing/privileging will be shared with other VISN 04 facilities through a Memorandum of Understanding/ Telehealth Service Agreement. The Contractor will provide copies of current requirements and updates as they are published. No services will be provided by any contracted evaluator prior to completing the credentialing and privileging process outlined above.

b. Privileges will require renewal at least every two years in accordance with Medical Center and The Joint Commission requirements.

c. Upon receipt of notice of award, contractor will immediately commence the credentialing and privileging process for all psychologists proposed to provide services under the contract through the VA Healthcare Facility (unless currently credentialed and privileged at the facility). The contracted evaluator will be provided a VA point of contact for the credentialing/ privileging process upon award. A minimum of six calendar weeks is required for VA credentialing and privileging after the package has been completed and received from the contracted evaluator.

9. TORT CLAIMS

Contractor employees are not covered by the Federal Tort Claims Act. When a Contractor employee has been identified as a provider in a tort claim, the contractor employee is responsible for notifying the Contractor’s legal counsel and/or insurance carrier. Any settlement or judgement arising from a contractor employee’s action or non-action is the responsibility of the Contractor and/or insurance carrier.

10. CONTRACT MONITORING AND QUALITY ASSURANCE

The VA COR (Contracting Officer’s Representative) will communicate with the participating medical center Chiefs of Police to determine whether required assessments were performed as scheduled and whether all contract requirements are being met. Any incidents of contract noncompliance as evidenced by these monitoring procedures shall be forwarded immediately to the Contracting Officer.

Approximately two months after contract award, a VA psychologist will review randomly selected cases to ensure standardization of procedures and the reliability/validity of the Contractor’s results. The police applicant/officer’s name will be expunged from cases to ensure confidentiality. Reviews will thereafter be completed on an annual basis during the term of the contract unless required more frequently due to performance problems or complaints.

PAYMENT:

a. The Cheyenne VA HCS will verify provision of service as to a new Police Officer applicant evaluation or annual Police Officer evaluation. Payment will be made by the VA to the Contractor within thirty (30) days of submission and verification.

b. Invoices shall be submitted in Tungsten. Any issues using the Tungsten website shall be troubleshooted and diagnosed by calling the customer support phone number on the Tungsten website; https://www.tungsten-network.com/ . Invoices shall be accurate.

c. Place of conducted examination to be located within a 100-mile radius of the Cheyenne VA HCS.

d. Any discrepancies in payment shall be addressed in writing to the COR at the following address:

Cheyenne VA Health Care System ATTN: Dustin Payne (HRMS 05) 2360 East Pershing Blvd.

Cheyenne, WY 82001 Phone: 307-433-3742 E-mail: dustin.payne@va.gov

11. SUBSTITUTION OF KEY PERSONNEL

a. The Contractor shall assign to this contract the following key personnel:

The psychologist(s) proposed in the contractor’s technical proposal.

b. During the first ninety days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph c below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph c to the Contracting Officer at least 15 days prior to making any permanent substitutions.

c. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitution, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutions shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

(End of Statement of Work)