TSF 1013 - EAP OCCR000514000_000003_Redacted.pdf

DEPARTMENT OF THE TREASURY

SF 1013 - JUSTIFICATION & APPROVAL FOR FAR SUBPART 13.5 SOLE SOURCE

(INCLUDING BRAND NAME) ACQUISITIONS

Treasury Standard Form – 1013 (Rev 5/18)

Prescribed by Treasury: DTAP 1013.501

Tracking No.

1. Identification of the requiring activity and the contracting activity:

Requiring Activity:

Office of the Comptroller of the Currency, Human Capital, Compensation and Benefits Contracting Activity:

Office of the Comptroller of the Currency (OCC)/Office of Acquisition Management 2.a Nature and/or description of the action being approved:

The purpose of this justification is to document the basis for approval of a sole source contract extension to contract number 2031JW18C00011 with LifeWorks (US) Ltd. to provide continued services for Employee Assistance Program (EAP) and Work/Life Services Program.

The need date for these services was July 1, 2023. The period of performance is for six months, from July 1, 2023 through December 31, 2023. The OCC is required by the public law and executive order to provide these services as below described.

Title 5 U.S.C. 7901, Public Law 79-658 enables each agency to establish a health service program to promote and maintain the physical and mental fitness of employees.

Counseling programs for Federal civilian employees who have substance abuse problems are required by:

Sec. 201 of Public Law 91-616, 84 Stat. 1849, as amended and transferred to Sec. 520 of the Public Health Services Act by Sec. 2(b)(13) of Public Law 98-24 (42 U.S.C. §290dd-1), Sec. 413 of Public Law 92-255, 88 Stat. 84, as amended and transferred to Sec. 525 of the Public Health Services Act by Sec. 2(b)(16)(a) of Public Law 96-24 (42 U.S.C. §290ee-1), and Sec. 7361 and Sec. 7362 of Public Law 99-570.

Public Law 99-570 (5 U.S.C. §§7361 and 7362), The Federal Employee Substance Abuse Education and Treatment Act of 1986, and title 5 Code of Federal Regulations (CFR) Part 792, requires Federal agencies to establish appropriate prevention, treatment, and rehabilitative programs and services for alcohol and substance use disorders for Federal civilian employees.

Public Laws 96-180 and 96-181 authorize agencies to extend counseling services, to the extent feasible, to family members of employees who have alcohol and drug problems, and to employees with family members who have a substance use disorder.

Public Law 79-658 authorizes the head of agency to establish health services programs for employees, also forms the basis for expanding counseling programs from those dealing solely with a substance use disorder to broad range programs which provide counseling for other personal problems, e.g., family, financial, marital, etc.

Executive Order 12564 requires the federal agencies to establish a drug-free Federal workplace program, including an EAP as an essential element in achieving a drug-free workforce. Agencies must refer all employees found to use illegal drugs to the EAP for assessment, counseling, and referral for appropriate treatment or rehabilitation.

2.b Name of the vendor. LifeWorks (US) Ltd (Unique Entity ID: YW8VC98K22K3) 2.c Requisition No.: OCCR000514000/000003

2.d Bridge contract [Bridge via a modification to the incumbent contract]: Yes No

2.e Brand name: Yes No

3.a A description of the supplies or services required to meet the agency’s needs:

The Contractor shall operate a comprehensive employee assistance and work life services program for employees of the OCC and their family members. All services shall be provided on a firm-fixed price per employee per year basis.

Employee Assistance Program Services

The Contractor shall provide confidential employee assistance services including in-person and telephone clinical assessments, short-term counseling, referrals, monitoring, and follow-up for individuals experiencing mental health, personal, job, stress, and addiction concerns (e.g., relationship difficulties, marital and family problems, life transitions, eating disorders, depression, alcohol and drug dependency, grief and loss, and other emotional needs). At a minimum, the Contractor shall provide the following services and delivery methods to provide employee assistance services to OCC employees and their family members:

A nationwide toll-free telephone-counseling center available 24 hours a day, 365 days a year.

Intake counselors shall be professionally trained or certified and experienced to provide employee assistance services and referrals.

For non-urgent employee assistance services, a local counselor to offer an appointment within 3 to 5 business days of the caller’s initial contact with the Contractor. In an emergency, trained clinicians shall be available by the Contractor to address telephonically the situation immediately and to make a referral to a local counselor or crisis intervention center for assessment, referral and/or short-term problem resolution.

Six (6) 50-minute face-to-face short-term counseling sessions per employee or family member per issue per year.

Access to a nationwide network of affiliated local mental health and substance abuse counselors who are experienced and licensed/certified psychologists and master’s degree counselors (e.g., certified substance abuse counselors and licensed clinical social workers, and licensed marriage and family counselors) who shall assess the problem, provide short-term problem resolution and/or guide the OCC employee or family member to appropriate local treatment resources.

Secure Web-based access to services, which allow users to search for a variety of emotional health and wellbeing information and to take private self-assessments for concerns such as chemical dependency and depression. The Contractor’s website shall allow users to search its directory of network providers using criteria such as location, specialty, availability, and/or gender and to initiate assisted referrals.

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Work Life Program Services

The Contractor shall provide work life program services 24 hours a day, 365 days a year via a nationwide toll-free call center and a secure website. Intake specialists and counselors shall be professionally trained or certified to provide consultations, referrals, and information on:

Childcare, Parenting, and Adoption Eldercare Geriatric Assessments and Care Services Financial Services Legal Services Educational Services Health and Wellness Pet Care Disability Issues Convenience Services Management Consultations Discounts On-site Critical Incident Stress Debriefings, and Visibility/Outreach Events.

3.b Includes IT: Yes No 3.c IGCE/Estimated dollar value:

The estimate for this effort is .

4. Identification of the authority being used (Check the box that applies):

41 U.S.C. 1901 – Simplified acquisition procedures.

41 U.S.C. 1903 – Special emergency procurement authority.

5. A demonstration that the proposed contractor’s unique qualifications or the nature of the acquisition requires use of the authority cited:

The vendor named in block 2.b of this document has been successfully performing this contract since 06/29/2018. In fiscal year 2022, the Office of the Comptroller of the Currency publicly issued a solicitation seeking the award of a new contract to meet its employee assistance program requirements. The OCC was unable to make this planned award under a new contract action, despite its best efforts and intentions. Currently, the incumbent contractor is the only firm positioned to provide these EAP services as required under federal statutes.

The exact nature of the EAP program is such that a carefully planned transition must take place before a contractor, acting under a new award, can perform these services for the agency and its employees under the former’s specific human capital infrastructure. Therefore, the agency is issuing an extension to the incumbent contract to ensure the uninterrupted continuation of services. The risk associated with this requirement is particularly high due to the statutory mandate and nature of the services.

6. A description of efforts to ensure that offers were solicited from as many potential sources as is practicable, including whether a notice was or will be publicized as required by FAR subpart 5.2 and, if not, which exception under FAR 5.202 applies:

The current contract under which EAP services are provided was competitively awarded in FY2018. The OCC has continued to conduct market research throughout the life of this contract to keep abreast of the commercial marketplace, which includes industry services and technology related to our requirements. On 08/26/2022, the OCC issued a solicitation for these services on SAM.gov under notice ID 2031JW22R00009. This solicitation did not result in a new award. To date, the agency continues to conduct market research and survey the marketplace to identify potential sources for these needed services, including small business concerns. Per this notice and the Government’s identified requirements, we invite all responsible sources to submit a capabilities statement for the agency’s review and consideration.

7. A determination by the contracting officer that the anticipated cost to the Government will be fair and reasonable:

The contracting officer determined the prices paid for the extension of services herein described to be fair and reasonable based upon market research, independent Government cost estimates and consideration of historical prices paid for the same or similar items.

8. A description of the market research conducted (see FAR part 10) and the results or a statement of the reason market research was not conducted:

The Government conducted ongoing market research prior to the issuance of this sole source contract action. The results of the market research supported the Government’s determination to obtain these services on a sole source basis.

9.a Any other facts supporting this justification:

The Government continues to consider its specific requirements and its description thereof relative to the larger commercial marketplace for the services herein identified.

9.b Attachments: Yes No

10. A listing of sources, if any, that expressed, in writing, an interest in the acquisition:

ComPsych Corporation Health Advocate, Inc.

Inova Health Care Services LifeWorks (US) Ltd.

Sanford Federal, Inc.

11. A statement of the actions, if any, the Requiring Activity or Contracting Activity may take to remove or overcome any barriers to competition before any subsequent acquisition for the supplies or services required:

The Government intends to continue surveying the marketplace and conducting market research to overcome any barriers to competition before awarding any subsequent acquisition for the required services.

12. Certifications and Approvals:

12.a Program Office certification (Requiring Activity). I hereby certify that any supporting information and data provided, which form the basis for this justification, are accurate and complete to the best of my knowledge and belief.

Name: Sean Frey Date: 07/11/2023

Signature:

12.b Contracting Officer certification and approval. I hereby determine the circumstances of this acquisition support the justification to acquire the item(s) on a sole source (including brand name) basis under the authority of FAR subpart 13.5. I also certify this justification is accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the authorized contracting officer for this acquisition, I hereby approve this justification.

Name: Date:

Signature:

13. Additional Reviews and Approvals (As applicable):

13.a Bureau Chief Information Officer or Authorized Designee (for IT requirements that are over $5 million, but not exceeding $68 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief, and representative of the Government’s need. Therefore, I hereby consent to the approval of this justification. (Note: The Bureau CIO may delegate their authority for proposed contracts over $5 million, but not exceeding $13.5 million to the Associate Bureau CIO(s).)

Name: Date:

Signature:

13.b Advocate for Competition (if over $700,000, but not exceeding $13.5 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the Advocate for competition, I hereby approve this justification.

Name: Date:

Signature:

13.c Head of the Procuring Activity or Authorized Designee (if over $13.5 million, but not exceeding $68 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, unless additional approvals are required as prescribed below, as the head of the procuring activity or authorized designee, I hereby approve this justification.

Name: Date:

Signature:

13.d Treasury Chief Information Officer (for IT requirements that are over $68 million).

I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief, and representative of the Government’s need. Therefore, I hereby consent to the approval of this justification.

Name: Date:

Signature:

13.e Senior Procurement Executive (if over $68 million) (Contracting Activity). I have reviewed this justification and find it to be accurate and complete to the best of my knowledge and belief. Therefore, as the senior procurement official, I hereby approve this justification.

Name: Date:

Signature: