S02 - 36C25222Q0284_FINAL.docx

36C25222Q0284

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

02-28-2022 Cannaday,Erika 414-844-4800 x43288 03-14-2022 10:00

CDT

36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

X

621112 $12 Million

N/A

36C252 Jesse Brown VA Medical Center 820 S Damen Avenue

Chicago IL 60612 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101

Milwaukee WI 53214-1476

Department of Veterans Affairs Financial Services Center PO Box 149971

Austin TX 78714-9971 877-353-9791 512-460-5540

See CONTINUATION Page This Solicitation is for (1) applicant, (2) incumbent, and fitness

(3) fitness for duty police psychological evaluations for the Jesse Brown VA Medical Center in Chicago, IL, in accordance with the Statement of Work.

DOL Wage Determination 2015-5017, revision 20, dated 12/27/2021 shall apply to any award resulting from this Solicitation.

See CONTINUATION Page

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)

OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.

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

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

a. CONTRACTOR:

CONTRACTOR NAME _____________________________________

ADDRESS ________________________________________________

CITY-STATE-ZIP __________________________________________

POINT OF CONTACT/TITLE ________________________________

DUNS NUMBER NO. ______________________________________

b. GOVERNMENT: ERIKA CANNADAY, CONTRACTING OFFICER

CONTRACTING OFFICE CODE: 36C252

MILWAUKEE WI 53214

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

a. FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

3. INVOICES:

a. Invoices shall be submitted monthly in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Payments shall be made in arrears upon receipt of a properly prepared invoice

c. The VA has mandated electronic invoice submission to the Veterans Affairs Financial Services Center (VAFSC). VAFSC has partnered with Tungsten Network e-Invoicing network, for submissions of all electronic invoices to VA. Tungsten Network electronic invoicing is free to all VA vendors. In order to submit electronic invoices, all VA vendors must register with Tungsten Network by submitting an email to VA.Registration@Tungsten-Network.com or calling 1-877-752-0900 option 2 for Enrollment.

d. Contractor shall submit an electronic invoice by the tenth (10th) of the following month services were performed to the Veterans Affairs Financial Services Center (VAFSC) e-Invoice through the website at https://portal.Tungsten-Network.com/Login.aspx. For questions regarding the submission of VA electronic invoices, Tungsten Network customer service may be contacted at 1-877-489-6135.

e. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.

4. GOVERNMENT INVOICE ADDRESS (See SF1449 Block 18):

a. All invoices from the contractor shall be submitted electronically in accordance with 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

b. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.

c. VA’s Electronic Invoice Presentment and Payment System – The Veterans Affairs Financial Services Center (VAFSC) uses a third-party contractor, Tungsten Network e-Invoice, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/customer-campaigns/veteransaffairs/ to begin submitting electronic invoices, free of charge.

d. As of July 1, 2020, the VA10091 form has been eliminated and the VAFSC is requiring our vendors to update and add their information in the Customer Engagement Portal (CEP) at https://www.cep.fsc.va.gov/. This is for new vendors being added to FMS only.

e. For assistance setting up e-Invoice, the below information is provided:

i. * Tungsten Network e-Invoice Setup Information: 1-877-489-6135

* Tungsten Network e-Invoice email: VA.Registration@Tungsten-Network.com

* FSC e-Invoice Contact Information: 1-877-353-9791

* FSC e-invoice email: vafsccshd@va.gov

5. ACQUISITION OF COMMERCIAL ITEMS:

This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract.

6. RFQ QUESTIONS:

In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer erika.cannaday@va.gov no later than WEDNESDAY, MARCH 9 at 10:00 LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties

7. CONTRACTING OFFICER AUTHORITY:

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.

8. IDENTIFICATION, PARKING, SMOKING AND VA REGULATIONS:

a. All VA property is considered Federal property and all Federal laws are applicable.

b. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.

c. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

d. All contractor personnel are required to adhere to all VA rules and regulations.

e. Smoking is prohibited on the entire campus, both inside and outside the VA Facility

f. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.

g. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.

9. VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

10. SECURITY & PRIVACY CONTROL:

Visitor Passes:

Issuance of visitor passes is the responsibility and at the discretion of each Facility Director. Visitor passes may be issued to individuals requiring short-term access to a VA facility for a period not to exceed 15 days in a 365-day period. Visitor passes are issued on a daily basis and expire at the end of the day of issuance. Visitor passes are issued following, at a minimum, review of one valid and current State or Federal government issued photo ID. Visitors must be escorted in areas restricted to the general public.

B.2 PRICE/COST SCHEDULE

This is an Indefinite Delivery Indefinite Quantity contract with a single ordering period with five (5) pricing periods. Orders shall be placed in accordance with Section 6 of the Statement of Work.

Contract minimum shall be $150,000.00 and contract maximum shall be $1,250,000.00.

ITEM INFORMATION

Initial Pre-Employment Evaluation (applicant officer) Contract Period: Base POP Begin: 04-01-2022 POP End: 03-30-2023 PRINCIPAL NAICS CODE: 621112 - Offices of Physicians, Mental Health Specialists PRODUCT/SERVICE CODE: Q403 - Medical - Evaluation/Screening

Annual Evaluation (incumbent officer)

POP Begin: 04-01-2022 POP End: 03-30-2023

Fitness for Duty Evaluation

POP Begin: 04-01-2022 POP End: 03-30-2023

Initial Pre-Employment Evaluation (applicant officer)

POP Begin: 04-01-2023 POP End: 03-30-2024

Annual Evaluation (incumbent officer)

POP Begin: 04-01-2023 POP End: 03-30-2024

Fitness for Duty Evaluation

POP Begin: 04-01-2023 POP End: 03-30-2024

Initial Pre-Employment Evaluation (applicant officer)

POP Begin: 04-01-2024 POP End: 03-30-2025

Annual Evaluation (incumbent officer)

POP Begin: 04-01-2024 POP End: 03-30-2025

Fitness for Duty Evaluation

POP Begin: 04-01-2024 POP End: 03-30-2025

Initial Pre-Employment Evaluation (applicant officer)

POP Begin: 04-01-2025 POP End: 03-30-2026

Annual Evaluation (incumbent officer)

POP Begin: 04-01-2025 POP End: 03-30-2026

Fitness for Duty Evaluation

POP Begin: 04-01-2025 POP End: 03-30-2026

Initial Pre-Employment Evaluation (applicant officer)

POP Begin: 04-01-2026 POP End: 03-30-2027

Annual Evaluation (incumbent officer)

POP Begin: 04-01-2026 POP End: 03-30-2027

Fitness for Duty Evaluation

POP Begin: 04-01-2026 POP End: 03-30-2027

The quantities expressed herein are estimated. Contractor will be paid for actual quantity of services rendered.

B.3 STATEMENT OF WORK

Police Psychological Evaluations

1. PURPOSE

The purpose of this contract is to

1. Conduct initial pre-employment psychological evaluations and testing for applicant Jesse Brown VA Police Officers that focus on the functional requirements for the position as well as suitability and stability to perform the duties of a police officer and carry a firearm.

2. Conduct annual psychological evaluations for incumbent Jesse Brown VA Police Officers that focus on the functional requirements for maintaining the position as well as suitability and stability to continue to perform the duties of a police officer and carry a firearm.

3. Conduct fitness for duty psychological evaluations for Jesse Brown VA Police Officers on an as needed basis.

The contractor shall provide all necessary labor, supervision, equipment, supplies, materials and travel to provide psychological evaluations and testing for VA Police Officers. Work must be in accordance with VHA Directive 0730(1) Amended February 5, 2021 (Attachment 1), VA Directive 5019 (Attachment 2), and associated four-part slide-deck (Attachment 3).

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 oleoresin capsicum 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 FACILITY

Jesse Brown VA Medical Center 820 S. Damen Ave. Chicago, Il 60612

4. Period of Performance The period of performance will be five single year pricing periods as follows:

5. DESCRIPTION OF SERVICE

In accordance with Section 6 REQUIREMENTS, the Contractor shall provide the following: initial psychological evaluation of all applicant VA Police Officers not to exceed thirty (30) evaluations per year; annual psychological evaluations of all incumbent VA Police Officers not to exceed seventy (70) evaluations per year; fitness-for-duty evaluations on an as-needed basis for incumbent VA Police Officers, not to exceed five (5) evaluations per year.

6. REQUIREMENTS

Request for Service.

An evaluation is initiated when the facility point of contact contacts the contractor to set up the appointment. Facility points of contact shall be provided to the contractor upon award and shall be updated as needed.

Delivery of Service.

The evaluation will be completed within ten (10) business days from the date the facility point of contact calls to set up appointment. If an in-person evaluation is completed off-site, the contractor must have the ability to meet with the police applicant/incumbent 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 examination room, to be identified by the facility point of contact, to conduct the evaluation.

Psychological Evaluations of VA Police Officers

Psychological evaluations of VA Police Officers are distinct from typical clinical evaluations in that the primary focus of the evaluation is to assess the applicant’s or incumbent employee’s psychological fitness to meet the functional requirements of the position. While clinical issues may be involved in the evaluation, identifying clinical concerns or establishing a diagnosis are relevant only to the extent that these issues, if present, are anticipated to impact the applicant’s or employee’s ability to meet the functional requirements. The following core elements must be utilized for psychological evaluation of VA Police Officers: an authorization form to conduct the psychological evaluation (Appendix A of VHA Directive 0730(1); a psychological evaluation report (Appendix B of VHA Directive 0730(1) provides an optional template); and a recommendation report that the examiner submits to the VA medical facility EOH Agency Medical Officer (Appendix C of VHA Directive 0730(1) provides an optional template).

Types of VA Police Officer Psychological Evaluations

1. Pre-employment Psychological Evaluation. The pre-employment psychological evaluation focuses on the functional requirements for the position of a VA Police Officer, as well as suitability and stability for the role. It must consist of a standardized interview and standardized objective psychological testing with symptom validity scales. At least two psychological tests (covering normal-range personality traits and psychopathology and personality problems) must be administered. (See Table 6.2 from Session 3 training slides (Attachment 3) on recommended tests). The psychological evaluation must also include exploration of substance abuse and symptoms of other mental health disorders that may be considered an impediment to effective functioning as a VA Police Officer.

2. Periodic Evaluations. Periodic or annual evaluations focus on functional requirements for maintaining the position of a VA Police Officer. To initiate the evaluation, VHA Human Resources must provide a written request for the periodic evaluation and provide a documented reason to the employee when ordering the exam. A standardized interview must be conducted, and psychological testing should only be conducted when concerns are raised about the psychological fitness of the Police Officer during the psychological evaluation. Screening instruments, such as the Personal Health Questionnaire 2 (PHQ2), PTSD Screen for Primary Care (PC-PTSD), Alcohol Use Identification Test (AUDIT) or other standardized instruments, may be used if additional testing is needed. A positive response on any screening instruments is an indication that further testing is required and cannot, in and of itself, be used as grounds for the final recommendation. If the interview or the screening and assessment tools raise concern for functional ability, stability, or suitability, further psychological testing may be done. NOTE: Periodic psychological evaluations of Police Officers recur every 12 months.

3. Directed or Special Evaluations (Fitness for Duty). Incumbent VA Police Officers may be referred for a directed or special examination when there is objective evidence as determined by VHA Human Resources to indicate the employee’s ability to perform essential job functions may be compromised. A directed or special psychological examination may be required when it appears that the incapacity is due to a mental or psychological disorder. This must be done in the context of an occupational health evaluation outlined in VA Handbook 5019 to ensure that medical conditions that may manifest with psychological, mental, or behavioral disturbance are identified. VHA Human Resources must provide a written summary articulating the reason that the employee’s ability has come into question and provide the reason to the employee when ordering the exam. If the employee’s position does not have properly established medical standards or physical requirements, or if there is no basis to order the examination based on a “job related” or “business necessity,” then there is no regulatory authority to order a fitness-for-duty evaluation, psychiatric examination, or psychological assessment.

Evaluation Components:

The psychological evaluation is composed of several components, to include:

1. Authorization Form. Prior to conducting any psychological evaluation of an applicant or VA Police Officer, the VA or contracted psychologist or psychiatrist must obtain an Authorization Form from the applicant or employee in writing. At a minimum this consent must include the nature and objectives of the evaluation and must identify the intended recipient(s) of the information, the probable uses of the evaluation information, and the limits of confidentiality. It is best practice to review the key elements of the authorization form with the applicant or employee prior to conducting the psychological evaluation. NOTE: See Appendix A, VHA0730(1) for an Authorization Form template for VA Police Officer psychological evaluations.

2. Interview. All evaluations must incorporate an individual interview by a VA or contracted psychologist or psychiatrist for all evaluations of applicants and incumbent Police Officers. The interview must be conducted in a consistent, comprehensive manner that focuses on the collection of information relevant to the purpose of the evaluation and adheres to professional and industry standards.

3. Psychological Testing. A written psychological test battery relevant to the purpose of the evaluation must be utilized in accordance with the guidance provided in this Directive. For new-hire evaluations, at least two psychological tests must be administered: one broadband measure of normal-range personality traits and the other a broadband measure of psychopathology and personality problems. For annual or special evaluations, testing should only be used if the interview or the screening and assessment tools raise concern for functional ability, stability, or suitability. NOTE: Instruments, such as the PHQ2, PC-PTSD, AUDIT or other standardized instruments, may be used for screening; A positive response on any screening instrument is an indication that further testing may be necessary and cannot, in and of itself, be used as grounds for a final recommendation.

(a) The Mental Health Assistant (MHA) software tool must not be used to administer or score psychometric instruments for Police Officer applicants or incumbents. Since the MHA is accessed through the Electronic Health Record (EHR)-either the Computerized Patient Record System (CPRS) or Cerner Millennium Power Chart, MHA should be not used for Human Resource personnel evaluations. Keeping personnel evaluations outside the EHR will protect the confidentiality of VA Police Officers. VA medical facilities should work with local fiscal teams to purchase test licenses or single test administrations direct from the test publishers, taking care to protect employee privacy when using online testing platforms.

(b) To ensure security and privacy, examiners must not enter employees’ Protected Health Information (PHI) or Personally Identifiable Information (PII), even temporarily, into a test publisher’s online platform. Please note that any document connecting VA employees to simulated identification data must be kept securely within VA’s encrypted firewall, in keeping with VHA’s records policies.

Required Evaluation:

1. The psychological evaluation shall focus on the functional requirements for the position of VA Police Officer, as well as suitability and stability for the role. Information about the required duties, responsibilities, working conditions, and other psychologically relevant job characteristics should be obtained from Human Resources or the VA medical facility EOH prior to beginning the psychological evaluation. The psychological evaluation should focus on identifying skills, behaviors, attributes and other personal characteristics associated with effective and counterproductive job performance.

2. The evaluation of VA Police Officer applicants and employees must include a review of the individual’s history that is pertinent to the purpose of the evaluation.

3. The evaluation of the functional requirements for the position of VA Police Officers must be done using the constructs provided by the ten empirically derived psychological screening dimensions developed by the California Commission on Peace Officers Standards and Training (POST) Psychological Screening Manual. The POST manual is recognized as the leading best practice in the field of psychology evaluations of Police Officers. These dimensions, described in detail in the Evaluation Report Template in Appendix C, are: social competence, teamwork, adaptability/flexibility, conscientiousness/dependability, impulse control/attention to safety, integrity/ethics, emotional regulation/stress tolerance, decision-making/judgment, assertiveness/persuasiveness and avoiding substance abuse/other risk-taking behavior. Details on the development, definitions, and use of these psychological screening dimensions are available in the California POST Officer Psychological Screening Manual, which can be obtained at no cost at https://post.ca.gov/peace-officer-psychological-screening-manual

4. VA or contracted psychologists or psychiatrists should submit a recommendation report with discussion of the issues to be included in the Employee Medical Folder. The VA medical facility EOH Agency Medical Officer is responsible for providing the final fitness for duty recommendation to VHA Human Resources.

5. For pre-employment evaluations, the written history review in the recommendation report is comprehensive in nature and must include but not be limited to: education, work history, financial record, legal history, substance use and mental health concerns. In all cases the information obtained must be based on the information necessary to assess the individual’s ability to perform requirements of the position and role.

6. For periodic evaluations of incumbent Police Officers, the written history review must focus on the employee’s recent job performance and any behaviors and events that could potentially indicate the presence of emotional or psychological symptoms that would interfere with the employee’s ability to perform the essential functions and role of a Police Officer.

7. For directed or special examinations, the written history review must focus on the behaviors or events precipitating the evaluation, as described in the written summary from VHA Human Resources, and any information needed to assess the employee’s ability to perform the essential functions of the job as a Police Officer. It is recognized that in these types of evaluations a comprehensive history review is often required to assess the nature and severity of any psychological concerns that may be identified.

8. If relevant to the evaluation of the applicant’s or employee’s psychological stability and suitability, mental health records may be requested from treating health care providers in accordance with VA Handbook 5019 and paragraph 9, Records Management, of this directive, and reviewed before a final determination is made. Obtaining these records requires written authorization from the applicant or employee for the release of the records.

9. When no background medical records have been submitted by the applicant or employee, VA or contracted psychologists or psychiatrists must make note of this in the report and indicate that all reported history is based on the applicant’s or employee’s self-report and could be subject to reconsideration based on subsequent submission of additional medical records by the employee.

10. VA or contracted psychologists or psychiatrists must not conduct any type of background investigation independently, such as, but not limited to, an internet search or a search using social media.

11. The psychological recommendation report will include only the minimum level of disclosure regarding functional requirements for the job and only the level of detail necessary for medical clearance by the EOH Agency Medical Officer. See Appendix B, VHA0730(1) for an evaluation template, and Appendix C, VHA0730(1) for a report template.

12. The detail in the recommendation report must be adequate for the EOH Agency Medical Officer to understand the rationale, make a determination of qualification or disqualification, and explain the decision to the applicant or employee, should they ask. The rationale for this is the psychological evaluation is one component part of the overall EOH medical examination and thus should be discussed in the context of the whole evaluation.

13. Medical disqualifications for a position are made by the EOH Agency Medical Officer based on all the evidence provided (including the medical examination and psychological evaluation). Psychological evaluation is one piece of information in the context of the entire fitness for duty evaluation to ascertain the applicant’s or employee’s ability to meet the functional requirements of the job, and the psychological test results alone cannot be used as evidence for medical disqualification. Similarly, a mental health diagnosis itself cannot be used as evidence of medical disqualification for a position. If a clinical diagnosis is made by the examining psychologist or psychiatrist and certain other factors exist such that the symptoms associated with the diagnosis impair the individual’s ability to meet the functional requirements, the functional impairment, not the diagnosis, would be the disqualifying reason. NOTE: If a diagnosis is made, it must be made using the most current version of the Diagnostic and Statistical Manual of Mental Disorders currently utilized in VA at the time of the evaluation.

14. Recommendations made by VA or contracted psychologists or psychiatrists to the EOH Agency Medical Officers must be unequivocal (i.e., the applicant or employee does or does not meet the functional requirements). In the case of a negative recommendation, any functional requirements that are compromised must be documented. In the case that the findings of an evaluation are not sufficient to provide an unequivocal determination, the reasons of insufficiency must be described in the report. See Appendix C, VHA0730(1), for a report template.

15. For the purposes of VA field facility transfers, Police Officers with current appointments must have an annual medical examination completed if the required annual at the departing VA medical facility is not current. All findings and testing should be completed and reviewed prior to the transfer.

16. When a former federal employee is re-employed by an agency, the provisions set forth for standard pre-placement specifications will be adhered.

Telehealth Considerations:

1. All Pre-Employment and Directed or Special Evaluations shall be conducted in person, except by the express written approval of the facility point of contact. Annual evaluations may be held remotely.

2. The reliability, validity, and overall integrity of the evaluations and procedures are heightened for in-person assessments. For evaluations that are conducted remotely through video communication technology, administration procedures should be kept as close as possible to the traditional, in-person procedures and documented in the written report. Consult publishers for guidance on video technology adaptation of specific psychological assessment measures.

3. Remote audio-visual monitoring of the test administration, even with self-administered instruments, is essential.

4. Select a non-public facing video teleconference platform that is compliant with Health Insurance Portability and Accountability Act (HIPAA) Rule requirements and apply administrative, physical, and technical safeguards to protect information.

5. Guidance on preferred video tools that can be scheduled in advance can be found at https://vaww.oit.va.gov/covid-19-response-collaboration-tools-approved-for-telehealth-and-administrative-meetings/

6. Notify persons being assessed that video applications potentially introduce privacy risks and enable all available encryption and privacy modes when using such applications.

Privacy and Disclosure of Medical Information. The evaluating examiner is responsible for securing the full summary of the psychological evaluation, including raw data and test results, in accordance with the Privacy Act and HIPAA. A recommendation report that summarizes the evaluation is provided to the local VA medical facility EOH Agency Medical Officer and is saved in the Employee Medical Folder. The EOH Agency Medical Officer is responsible for submitting the final fitness for duty recommendation based on all physical and mental health findings to HR. With certain exceptions, the authorization for pre-hire or annual psychological evaluations only allows for release of the recommendation report to the EOH Agency Medical Officer and other Human Resources and/or management officials with a need to know. The applicant or VA employee would need to sign an additional authorization (e.g., VA Form 10-5345, Request for and Authorization to Release Health Information) to allow test results or the full psychological report to be shared with others. Some of the circumstances in which the VA or contracted examiner has a legal duty to release information include, but are not limited to: abuse of children or other vulnerable persons; threats of harm to self or others, upon binding court order or in the process of a lawsuit; and where disclosure is required by State or Federal law.

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. Any request for information shall be forwarded to the Occupational Health Physician. All testing materials, interview notes, raw data and results, and written reports associated with pre-employment, annual, and fitness-for-duty evaluations shall be securely stored, kept confidential, and only released pursuant to applicable Federal and State laws and regulations. At the end of this contract term, all materials, data, results, reports, and associated records shall be transferred to the Contractor who will have the follow-on contract, if it is different than the incumbent Contractor, at the Chief of Police’s request without additional cost to the VA. Transfer to be fully accomplished within thirty (30) days of notification.

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 nonindustrial 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.

7. 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, or as delegated in writing, 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 has demonstrated knowledge, skills, and abilities in clinical assessment as well as the assessment of normal personality characteristics relevant to personnel selection. The incumbent must also have training and experience in (1) psychological evaluation of Police Officers, including the assessment of clinical and normal personality characteristics relevant to Police Officer selection and retention, and (2) understanding and applying the psychological screening dimensions developed by the California Commission on Peace Officers Standards and Training (POST) Psychological Screening Manual. It is highly desirable that the Psychologist be board certified in Police and Public Safety Psychology 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.

8. 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:

Worker Compensation Professional Liability Insurance Health Examination Income Tax Withholding, and Social Security Payments 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.

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 Chief 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 per VHA Directive 0730(1) 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. This audit of randomly-selected cases necessarily encompasses the contracted evaluator’s results; however, this is a quality assurance method used by the government to ensure compliance with the terms and conditions of the contract. It is not direct clinical supervision of the contracted evaluator’s work.

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.

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 4/1/2022 through 3/30/2027.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $250.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $300,000.00;

(2) Any order for a combination of items in excess of $300,000.00; or

(3)…