S02 RFQ 36C25923Q0342.docx

36C25923Q0342

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.

UEI:

EFT:

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

36C259-23-AP-0395

660-23-1-241-0003

36C25923Q0342 03-17-2023 Jerry Danso 303-712-5761 03-31-2023

1:00 PM

MDT

36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

X

621112 $12 Million

NET 30

N/A

Department of Veteran Affairs Salt Lake City VA Healthcare System George E. Wahlen VA Medical Center 500 Foothill Drive Salt Lake City UT 84148 36C259 Department of Veterans Affairs Network Contracting Office

NCO 19

6162 South Willow Drive, Suite 300 Greenwood Village CO 80111

Department of Veterans Affairs Financial Service Center PO Box 149971 Austin TX 78714-9971 1-877-353-9791 512-460-5221

See CONTINUATION Page The contractor shall provide pre-employment psychological evaluations, periodic or annual evaluations, and directed or special evaluations for VA Police Officers for the Salt Lake VA Medical Center's Police Service in accordance with the attached statement of work.

Performance Period: Base plus four (4) optional years.

All questions must be received by 1:00 PM MST on 03/23/2023 to jerry.danso@va.gov. An amendment will be issued to provide response by 03/28/2023.

All correspondence and offers must be sent to:

Jerry.danso@va.gov. Offers are due by 1pm MT on 03/31/2023.

U.S. Dept. of Labor Wage Determination # 2015-5489 , rev 20 is applicable to this acquisition and resulting contract.

See Section C6 for Subcontracting Plan. Failure to complete subcontracting plan will be deemed noncompliant to the RFQ.

See CONTINUATION Page See CONTINUATION Page

Timothy J. Myers Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1.1. Contract Administration: All contract administration matters will be handled by the following individuals:

B.1.1.1. CONTRACTOR:

Name:

Title:

Company:

Address:

Telephone#:

FAX #:

E-mail address:

B.1.1.2. GOVERNMENT:

Contracting Officer 36C259 Timothy Myers Email: Timothy.Myers5@va.gov Phone: 303-815-4785 Contract Specialist 36C259 Jerry Danso, jerry.danso@va.gov, Phone: 303-712-5761

B.1.2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (SAM)

[ ] 52.232-36, Payment by Third Party B.1.3. GOVERNMENT INVOICE ADDRESS: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS

B.1.4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically to the VA Financial Services Center for payment processing, free of charge. For any questions about the e-invoicing program, please contact the FSC at the phone number or email address listed below:

· OB10/Tungsten e-Invoice Setup Information: (877) 752-0900

· OB10/Tungsten e-Invoice email: USClientServices@ob10.com

· FSC e-Invoice Contact Information: (877) 353-9791

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

· The following two codes will be required when creating a vendor profile in OB10:

OB10 Buyer Number AAA544240062 Promo Code: VAPC7Y18

B.1.5. Unique Entity Identifier Number (UEI): Please provide the Unique Entity Identifier Number assigned to your firm in the space provided:

B.1.6. TAX IDENTIFICATION NUMBER: Please provide the tax identification number to be utilized for this contract:

B.1.7. PERIOD OF PERFORMANCE: Services required herein shall be for the ESTIMATED following time-period:

BASE YEAR: April 17, 2023 – April 16, 2024 OPTION YEAR 1: April 17, 2024 – April 16, 2025 OPTION YEAR 2: April 17, 2025 – April 16, 2026 OPTION YEAR 3: April 17, 2026 – April 16, 2027 36C25923Q0342 OPTION YEAR 4: April 17, 2027 – April 16, 2028, Page 1 of Page 1 of

B.2 STATEMENT OF WORK

POLICE PSYCHOLOGICAL EVALUATIONS

1. PURPOSE

The purpose of this contractual agreement is to acquire pre-employment psychological evaluations, periodic or annual evaluations, and directed or special evaluations for VA Police Officers for the Salt Lake City VA Police Service to determine officer suitability to perform the duties of a police officer and to carry a firearm. The contractor shall provide all necessary labor, supervision, equipment, supplies, and materials 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. The Department of Veterans Affairs requires VA Police Officers to carry firearms and undergo psychological evaluations/testing to assess emotional and mental stability to carry out the functional requirements of their position in accordance with VA Handbook 0730 and applicable VA Directives and Federal regulations. 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. Any emotional or mental condition, which could cause the applicant/officer to be a hazard to others or self during stressful situations and physical altercations, could disqualify them from service.

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, individuals with mental illness or who lack full capacity for judgment or control and who, although they may be assaultive or destructive, must be handled with understanding, full control of force, and unimpeded judgment

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. DESCRIPTION OF SERVICE

The Contractor shall provide pre-employment psychological evaluations and testing of potential new hires, annual psychological evaluations of current VA Police Officers, and in cases of fitness for duty, evaluation requests when an officer may be unfit to perform police duties and carry their duty weapon when there is objective evidence that the employee’s ability to perform essential job functions may be compromised as determined by the VA’s Human Resources Department. All VA Police Officers, Detectives, Criminal Investigators, Physical Security Specialist, Deputy Chief, and Chief of Police shall be re-examined annually to determine their continued emotional and mental suitability to perform the duties 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.

4. 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 50-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. Evaluations will occur during normal business hours, Monday through Friday, 8:00 am – 4:30 pm (excluding holidays).

Required Evaluation for All Three Types of Evaluations: The following paragraphs under this section pertain to all three evaluation types:

a. Authorization Form: Contractor will require the officer/applicant to sign a Release of Information form so that the contractor can conduct and release the report or recommendation to the Department of Veterans Affairs.

b. Interview: All evaluations must incorporate an individual interview 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 the professional and industry standards.

c. 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.

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

e. The contractor must not conduct any type of background investigation independently such as, but not limited to, an internet search or a search using social media.

f. 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 VHA Directive 0730. Obtaining these records requires written authorization from the applicant or employee for the release of the records.

f. When no background medical records have been submitted by the applicant or employee, the contractor 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. Applicants/employees who are new to the psychologist’s clinic will be asked to ensure any previous mental health records, from past VA police officer fitness assessments performed at other clinics (to include test results if applicable), are released and forwarded to the evaluating psychologist in a timely manner. The office of the evaluating psychologist will make this request and if applicable, the final report will mention if the employee/applicant has not complied.

g. 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.

h. The detail in the Recommendation Report must be adequate for the EOH Agency Medical Officer to understand clearly the evaluating psychologist is recommending the applicant or employee has or has not been found psychiatrically fit to perform the duties of a VA Police Officer (to include but not limited to carry and use of a firearm) and the rationale for this recommendation enabling the EOH Agency Medical Officer to appropriately make a determination of qualification or disqualification and explain the decision to the applicant or employee should they ask. If the evaluating psychologist determines the applicant or VA Police Officer psychiatric evaluation cannot be made properly because the individual is not adequately cooperative, is withholding relevant information or has otherwise invalidated the assessment, or refuses to allow the psychologist to freely document and forward findings and make recommendations, this is noted and a statement made as to the reason the individual could not be found psychiatrically fit to safely perform the duties of a VA Police Officer. The psychological evaluation is only one component of the overall Employee Health medical examination and the EOH Agency medical officer needs to be able to consider and discuss the evaluation in the context of the whole assessment.

i. Recommendations made by the contractor to the EOH Agency Medical Officer must be unequivocal (e.g., 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.

j. Contractor will submit a recommendation report with discussion of the issues within 5 days of the interview. Include a statement in each report explaining whether or not the employee has been found to be responsible for his/her/their words and actions.

Pre-Employment Psychological Evaluations:

a. 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 should focus on identifying skills, behaviors, attributes, and other personal characteristics associated with effective and counterproductive job performance.

b. Information about the required duties, responsibilities, working conditions, and other psychologically relevant job characteristics should be provided to the applicant from the VA prior to beginning the psychological evaluations.

c. The evaluation of the functional requirements for the position of VA Police Officers must include a review of the individual’s history that is pertinent to the purpose of the evaluation. It must consist of a standardized interview and standardized objective psychological testing with symptom validity scales. 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. The psychological evaluation must also include exploration of substance abuse and symptoms of other mental disorders that may be considered an impediment to effective functioning as a VA Police Officer.

d. The contract evaluator, at their discretion, will use these or other measures of normal and abnormal behavior validated for pre-employment of public safety applicants:

e. 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 Pease Officers Standards and Training (POST) Psychological Screening Manual. The POST manual is recognized as the leading best-practice in the field of psychology evaluations by Police Officers. These dimensions described in detail in the “Police Officers Recommendation Report Template” in Attachment 2, are social competence, teamwork, adaptability/flexibility, conscientiousness/dependability, impulse control/attention to safety, integrity/ethics, emotional regulation/stress tolerance, decision-making/judgement, 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.

f. 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.

Annual/Periodic Evaluations:

a. Periodic or annual evaluations focus on functional requirements for maintaining the position of a VA Police Officer. Periodic psychological evaluations of Police Officers recur every 12 months.

b. A standardized interview must be conducted. Psychological testing should only be conducted when concerns are raised about the psychological fitness or functional ability of the Police Officer during the psychological evaluation.

c. Instruments such as the Personal Health Questionnaire 2 (PHA2), PTSD Screen for Primary Care (PC-PTSD), Alcohol use Identification Test (AUDIT) or other standardized instruments, may be used to determine 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.

d. 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.

Directed or Special Examination

a. 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.

b. 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 requested to assess the nature and severity of any psychological concerns that may be identified. SLC VAMC Human Resources will provide the evaluating psychologist with employee signed release of information forms authorizing the evaluating psychologist to call a specified Human Resources specialist and the SLC Police Chief (or the Chief’s supervisor as applicable) to freely discuss and obtain a history of observations and findings relevant to the referral.

c. A standardized interview must be conducted, and psychological testing should only be conducted when concerns are raised about the psychological fitness or functional ability of the Police Officer during the psychiatric evaluation.

d. Instruments such as the Personal Health Questionnaire 2 (PHA2), PTSD Screen for Primary Care (PC-PTSD), Alcohol use Identification Test (AUDIT) or other standardized instruments, may be used to assist in determining if additional testing is needed. A positive response on any screening instruments may indicate 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.

Telehealth Considerations:

a. Face to face evaluations and encounters are to be utilized rather than Telehealth evaluations and encounters. If an employee requests evaluation or encounter via Telehealth, the request should be approved by the VA official who is making the referral.

b. For evaluations 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.

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

d. Consult publishers for guidance on video technology adaptation of specific psychological assessment measures.

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

Consultation: As needed to answer questions concerning an evaluation with a letter.

Retest: 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), standardized objective psychological testing are authorized and billable.

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.

Employee/Applicant Disagreement with Assessment While still employed as a police officer or in new hire pre-placement status for a police officer position, the employee/applicant may elect to provide new or additional, relevant, outside medical or mental health information in printed form for review and consideration to the EOH Agency Medical Officer. The EOH Agency Medical Officer may then arrange to formally consult with the contract psychologist/psychiatrist to determine if the additional information warrants further action on the part of the psychologist in the form of a formal review, an addendum to the initial report, a second in-person assessment, additional testing, etc. as deemed appropriate. Upon agreement, as to the appropriate action (if any deemed indicated), it will then be provided by the Contractor upon request.

Privacy Act Notification Any reports, as well as any internal working documents generated by the Contractor, are the property of the Salt Lake City VA Medical Center 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 other than the VA’s EOH Agency Medical Officer. Any request for information shall be forwarded to the EOH Agency Medical Officer.

Security This service will not involve connection of one or more contractor-owned IT devices to a VA Internal trusted network, therefore, the C&A requirements do not apply. A Security Accreditation Package is not required.

Scheduling of Evaluation The VA Representative will notify the Contractor of an evaluation to be scheduled and will provide the officer/applicant’s name and type of evaluation. The VA Representative will provide the Contractor’s phone number to the Police Officer or applicant to call to schedule an appointment. It is the responsibility of the Police Officer/applicant to notify the contractor 24 hours in advance if he/she needs to cancel and reschedule the appointment.

Final Report

a. 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 with the ability to carry-out the duties and responsibilities of a VA Police Officer, and use of a firearm as a VA Police Officer. 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,

· ability to carry out the duties and responsibilities of a VA Police Officer,

· use of a firearm as a VA Police Officer made by the contractor to the EOD Agency Medical Officer must be unequivocal (e.g., the applicant or employee does or does not meet the functional requirements).

· 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.

b. 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.

c. The Contractor shall provide results/reports to the EOH Agency Medical Officer and his designee at the Salt Lake City VA Medical Center within five business days of the evaluation.

d. All results/reports shall be discussed with the EOH Agency Medical Officer and e-mailed to him, encrypted, to James.Bennion@va.gov and Kevin.Chamberlain@va.gov (designee). The office phone number is 801-582-1565 x1202.

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 physician 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 EOH Agency Medical Officer.

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.

5. EXAMINER QUALIFICATIONS

a. Evaluations shall be conducted only by psychologists (PhD or PsyD) or psychiatrists (MD) licensed by the State of Utah (or in the state where they are working, if providing evaluations via telehealth) who are qualified by their education, training, and experience to conduct Law Enforcement psychological assessments. These individuals must have expertise in clinical assessment as well as the assessment of normal personality characteristics relevant to personnel selection.

b. Contracted psychologists or psychiatrists must be trained in psychological evaluation of Police Officers, including assessment of clinical and normal personality characteristics relevant to Police Officer selection and retention.

c. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. Personnel must have experience commensurate with their assigned responsibilities.

d. Psychologists providing these services must have a doctorate degree 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.

e. Psychiatrists providing these services must be board-certified in Psychiatry and have a current, full and unrestricted license to practice psychiatry. The Psychiatrist shall be a recognized expert demonstrating expertise in completing these specifically focused police officer exams.

f. Contract personnel 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) Have not had a loss, reduction, restriction, or revocation of his / her clinical privileges at any institution;

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

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

(5) Not have, or currently have pending, any 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.

g. Dual relationships are prohibited. All dual relationships have the potential to reduce objectivity or violate the necessary boundaries between a clinician and an applicant or employee which may also have ethical implications. In this context, dual relationships are relationships in which VA or contracted psychologists or psychiatrists concurrently participate in two or more role categories with an applicant or employee. Such dual relationships may be benign (as when both are members of the same social group) or exploitive (e.g., a sexual relationship), but all dual relationships have the potential to cause harm and violate the necessary boundaries between a VA Police Officer or applicant and a VA examiner, which may also have ethical implications. Contracted psychologists or psychiatrists may not perform psychological evaluations with any Police Officer or applicant they are treating in any setting. The evaluating provider must not be a current or past treating healthcare provider for the applicant or employee.

h. Examiners must be familiar with VA policies relevant to the evaluation and selection of Police Officers. Examiners must also be knowledgeable in employment law impacting the administration of these types of personnel evaluations, including but not limited to the Americans with Disabilities Act As Amended (ADA/ADAAA), Uniformed Services Employment and Reemployment Rights Act (USERRA}, Genetic Information Nondiscrimination Act (GINA), Age Discrimination in Employment Act (ADEA), Health Insurance Portability and Accountability Act (HIPAA), the Rehabilitation Act of 1973 and The Privacy Act of 1974 (see links in Section 10). The contract psychologist/psychiatrist is welcome to discuss individual questions with the EOH agency medical officer.

6. 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.

7. 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.

8. CONTRACT MONITORING AND QUALITY ASSURANCE

The VA COR (Contracting Officer’s Representative) will communicate with the participating medical center Chiefs of Police and the Employee Occupational Health Clinic Director 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 randomly review cases to ensure consistency with the terms/requirements of this contract. 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.

9. 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.

The psychiatrist(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.

10. PAYMENT.

a. The SLC VA representative will verify provision of service to a new police officer applicant evaluation or annual police office evaluation. Payment will be made by the VA to the Contractor within thirty (30) days of submission and verification.

b. The Contractor will provide an invoice to include the last name and first initial of the officer/applicant, type of evaluation, date of service, and individual cost.

c. Upon approval by the VA Representative the contractor will submit an electronic invoice into Tungsten to be certified by the VA for payment within 10 business days. 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

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

VA Medical Center

ATTN: TBD

500 Foothill Drive

11. REFERENCES:

Department of Veterans Affairs, Veterans Health Administration Directive 0730(1), Transmittal Sheet dated December 8, 2020 and Amended February 5, 2021. Health Insurance Portability & Accountability Act (HIPAA) Security Rule Pub. L. No. 104-191 (2).

(End of Statement of Work)

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

Pre-Employment Psychological Evaluation Contract Period: Base POP Begin: 04-17-2023 POP End: 04-16-2024

Annual Assessment

Directed/Special Examinations

Consultation

Charge for No Show for Appointment

Postage for Report or Recommendation

0006AA

BASE YEAR SUBTOTAL

BASE YEAR SUBTOTAL:

Pre-Employment Psychological Evaluation Contract Period: Option 1 POP Begin: 04-17-2024 POP End: 04-16-2025

Annual Assessment

Directed/Special Examinations

Consultation

Charge for No Show for Appointment

Postage for Report or Recommendation

1006AA

OPTION YEAR ONE SUBTOTAL

OPTION YEAR ONE SUBTOTAL:

Pre-Employment Psychological Evaluation Contract Period: Option 2 POP Begin: 04-17-2025 POP End: 04-16-2026

Annual Assessment

Directed/Special Examinations

Consultation

Charge for No Show for Appointment

Postage for Report or Recommendation

2006AA

OPTION YEAR TWO SUBTOTAL

OPTION YEAR TWO SUBTOTAL:

Pre-Employment Psychological Evaluation Contract Period: Option 3 POP Begin: 04-17-2026 POP End: 04-16-2027

Annual Assessment

Directed/Special Examinations

Consultation

Charge for No Show for Appointment

Postage for Report or Recommendation

3006AA

OPTION YEAR THREE SUBTOTAL

OPTION YEAR THREE SUBTOTAL:

Pre-Employment Psychological Evaluation Contract Period: Option 4 POP Begin: 04-17-2027 POP End: 04-16-2028

Annual Assessment

Directed/Special Examinations

Consultation

Charge for No Show for Appointment

Postage for Report or Recommendation

4006AA

OPTION YEAR FOUR SUBTOTAL

OPTION YEAR FOUR SUBTOTAL:

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set…