PWS_and_PRS_as_of_11-5-2019.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Employee Assistance Program (EAP) Services

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform a wide range of short-term diagnostic assessment, intervention, counseling and referral services for various issues affecting employee mental and emotional well-being, which may adversely impact the employee’s job performance not limited to work-related difficulties such as alcohol and other substance abuse, stress, grief, depression, anxiety, marital and family problems, eating disorders, financial/credit problems and legal concerns, as defined in this PWS. Long-term treatment and rehabilitation is not within the scope of this contract.

1.2 Background: Under 5 CFR Part 792 agencies must provide employee assistance programs to assist employees with drug and alcohol abuse prevention, treatment, and rehabilitation. Under 5 U.S.C. 7901, agencies may establish, within the appropriation limits available, health services programs to promote the physical and mental fitness of employees. The statutes encourage agencies to extend these programs and services to families of agency employees with personal problems and to employees whose family members have alcohol, drug, and/or other personal problems in an effort to promote and maintain physical and mental fitness of employees.

1.3 Period of Performance (PoP): The Period of Performance shall be 1 Base Year of 12 months and four (4) 12-month option years. All options shall be based on availability of funding and/or requirement necessity.

1.4 General Information:

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

1.4.2 Quality Assurance (QA): The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the Government will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.3 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall provide toll free telephone coverage to perform counselor services on these holidays:

1.4.3.1 New Year’s Day: January 1st

1.4.3.2 Martin Luther King, Jr.’s Birthday

1.4.3.3 President’s Day

1.4.3.4 Memorial Day

1.4.3.5 Independence Day: July 4th

1.4.3.6 Labor Day

1.4.3.7 Columbus Day

1.4.3.8 Veteran’s Day: November 11th

1.4.3.9 Thanksgiving Day

1.4.3.10 Christmas Day: December 25th

1.4.4 Place and Performance of Services: The contractor shall operate from its own facilities and provide maximum confidentially for the employees and employee records.

1.4.4.1 The contractor shall conduct face-to-face counseling between the hours of 08:00 and 17:00, Monday through Friday, and provide toll free telephone coverage on a 24 hour, 7 Days a week basis for diagnostic services to include Saturdays, Sundays and holidays. Service price will be based upon Employee Population which will be identified annually by the Contracting Officer.

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

1.5. Special Qualifications:

1.5.1. Master’s level, credentialed mental health counselors provide employees and their family members with short-term, solution-focused services. Counselors focus on prevention, early intervention, and practical resolution to life’s challenges. Services include assessment; short-term, solution-focused problem solving; referral to community resources; and monitoring and follow-up of an employee’s progress during and after receiving assistance.

1.5.2. Master’s level, credentialed mental health counselors provide consultation for concerns or issues related to employee’s conduct or performance. Professional provide coaching on how to communicate and refer employees to the counseling program. While abiding by the laws that govern confidentiality, staff also consults with supervisors regarding whether or not an employee has followed counselor recommendations.

1.5.3. Legal and financial referrals are not endorsement or recommendation of any specific attorney, law firm or financial advisor. Employees are solely responsible for selecting and employing an attorney or financial advisor.

1.5.4. EAP Counselor(s) must have a minimum of 5 years’ experience in providing counseling for all of the program areas.

1.5.5. Certified Employee Assistance Program professionals, licensed clinical social workers, licensed marriage and family therapists, licensed psychologists, certified alcohol/drug counselors, or psychiatrists.

1.5.6. Professional Counseling: Master’s level, credentialed mental health counselors provide employees and their family members with short-term, solution-focused services. Counselors focus on prevention, early intervention, and practical resolution to life’s challenges. Services include assessment; short-term, solution-focused problem solving; referral to community resources; and monitoring and follow-up of an employee’s progress during and after receiving assistance. Counselors also provide emergency information and referrals.

1.5.7. Critical Incident Response Services: Counselors provide critical incident services to support employees who have experienced a disturbing or traumatic event. The goal of a critical incident intervention is to minimize the potential impact of a traumatic event by helping employees return to normal productivity as quickly as possible. Crisis response activities may include consultations; psychological first aid; debriefings; and/or crisis management meetings. Reference paragraph 5.1.5 for additional details.

1.5.8. Key Personnel: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the Contracting Officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to this contract.

1.6. Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR Subpart 42.5. The KO, COR and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.6.1. Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the COR, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.6.2. Combating Trafficking in Persons: The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

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

1.6.4. Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.6.5. Invoice: The Contractor will be required to submit their monthly invoice into Procurement Integrated Enterprise Environment (PIEE) formally Wide Area Work Flow (WAWF) for payment within 14 calendar days after the end of the month. The COR will approve and accept the invoice through PIEE and submit for payment to the Department of the Army Finance and Accounting Service Office (DFAS) for payment.

2.0 Definitions and Acronyms:

2.1 Definitions:

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

2.1.2 Contracting Officer (KO): A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3 Contracting Officer Representative (COR): An employee of the U.S. Government designated by the KO to monitor contractor performance. Such appointment will be in writing and will state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract. The authority herein also does not include authority to execute modifications to the contract or order, which require the signature of the Contracting Officer, or to bind the Government by contract in terms of proposed contract changed.

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

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

2.1.6 Family Member: Family member means the employee’s spouse, or same or opposite sex domestic partner, child, step relationship and any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.

2.1.7 Immediate Dependent: Spouse, unmarried children under the age of 26, living with the covered civilian employee in a parent/child relationship (including adopted children, etc.), or children of any age living with the covered civilian employee in a parent/child relationship that are disabled and incapable of self-support (IAW with Federal Health Benefit Program).

2.1.8 Key Personnel: Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

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

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

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

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

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

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: Reserved

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

4.2. Materials: The Contractor shall provide on at least annual basis, at least 100 publicity and awareness brochures, as well as promotional items such as wallet cards, magnets and or phone stickers insufficient number for all employees as required. Delivery of materials will be made no later than 45 days from the date of the contract award.

5.0 Requirements: The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide EAP services to be performed include: initial counseling related to problem identification, referral for treatment and rehabilitation, and follow-up counseling to aid an employee in achieving an effective readjustment to his or her job during and after treatment. Long-term treatment and rehabilitation are not within the scope of this contract.

5.1. Conduct intake interviews to identify and assess the problem. Provide a choice of treatment options and facilities that are qualified and have the ability to treat the problem. Counseling scheduled within 24 hours unless the employee request time beyond 24 hours.

5.1.1. Counseling: The contractor shall provide up to three (3 one-hour counseling sessions per problem) counseling sessions to each client for each problem, with a specific number of sessions (between one and three) determined by the counselor based upon each individual client’s needs. If it is determined that more than three (3) visits may be required for the same problem/event, the contractor must contract the COR for authorization. The Contractor shall provide services of the type herein described to employees and their immediate families during regular work hours.

5.1.2 Toll-free number: The contractor shall provide a toll-free telephone number for clients to call for scheduling appointments with counselors. The toll free telephone number shall be answered directly by live, qualified contractor personnel with extensive submenus of choices, without delays, without transfers and without voicemail. Toll-free telephone access is required only within the United States. Service shall include unlimited telephonic consultation for the contractor’s manager/supervisors and the Government Human Resources (HR) branch staff concerning problematic employee situation and management referrals for EAP services. Contractor to forward medical emergency call to 911 when applicable.

5.1.3. Publicity and Awareness brochures: The contractor shall provide at minimum, 100 publicity and awareness brochures annually within a 45 days of contract award and/or exercise of option years for the duration of the contract. The flyers, brochures, or electronic information for the purpose of publicizing the availability of the EAP program throughout the command, the articles addressing but not limited to current mental health issues ranging from any emotional/behavioral problems to include alcoholism, drug abuse, emotional and family stress, financial, legal and marital problems. The intent is to provide the Maine National Guard with brochures, posters and other materials to promote and maintain employee awareness, to familiarize employees and supervisors with services available through the EAP, and to enhance employee and supervisory understanding of how personal problems can affect job performance. The mailing address will be provided by the COR, any materials requested beyond those provided or to location beyond the agency locations is at the expense of the agency.

5.1.4. Quarterly Contract Status Report: The contractor shall prepare and forward to the COR electronically, an EAP report containing the following information on a quarterly basis, ending each year with a summary report. The reports are due within fourteen calendar days following the end of the reporting period.

5.1.4.1. Total number of new cases

5.1.4.2. Total number of reopened cases.

5.1.4.3. Total number of cases in progress.

5.1.4.4. Number of alcohol cases.

5.1.4.5. Number of other drug cases.

5.1.4.6. Number of emotional and other cases.

5.1.4.7. Number of financial/credit cases

5.1.4.8. Number of marriage and family cases

5.1.4.9. Number of self-referrals – No management action.

5.1.4.10. Total number of family member cases.

5.1.4.11. Annual Status Report: Same data as the quarterly report, just ending each year with a summary report; or roll up on the quarterly reports.

5.1.4.12. Feedback: The Contractor shall provide confidential client satisfactory and quality assurance feedback to the COR Quarterly and annually based on the anniversary date of the contract award. A method of surveying programs users, including employees, family members and supervisors about their experience and overall satisfaction with the services provided (survey shall preserve the anonymity of the users from the Government). A summary of no more than three pages.

5.1.5. Onsite Group Counseling for Critical Incident Responsive Service: This scope will be separately priced and will be negotiated at the time of the event. The Contracting Officer will execute a bilaterally modification to the contractor in terms of a proposed contract change to provide the critical incident response. The contractor shall provide special on-site group counseling to meet special needs, upon request. In the event a crisis situation occurs (e.g. active shooter, bombing, state emergency due to weather conditions or other traumatic situations) at any of the Maine National Guards locations, the contractor shall conduct a critical incident stress debriefing within 24 hours of the request from the Contracting Officers Representative or Contracting Officer. The on-site response will require professionally trained staff to assist the Maine National Guard employees managing with the aftermath of a major disaster or workplace violence incidents.

5.1.6. Referral Roster: The contractor shall be knowledgeable of conversant with a broad network of treatment facilities for a variety of problems and maintain a referral roster of resources for areas of coverage. This information will be provided annually based on the anniversary date of the contract award to the COR and Contracting Officer.

5.1.7. The contractor shall maintain, manage and secure confidential records in accordance with Federal Employees Health Service Programs, 5 CFR 792 as well as 42 CFR Part 2. The contractor shall have filing systems and equipment which insure compliance with all Department of Defense (DoD) standards related to the protection of confidential and personally identifiable information (PII) and abide by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law 104-191, which establishes national standards to protect individuals medical records and other personal health information and applies to health plans care clearinghouses, and those health care providers that conduct certain health care transactions electronically.

5.1.8. Special Services: Website: Services for EAP includes a user-friendly suite of web services. The site allows for fast and easy access to valuable assessment tools; searchable databases; articles, and other information on topics such as depression, parenting, retirement, finances, substance abuse, workplace conflicts, family issues; and more.

5.1.9. The contractor shall comply with all local, state and federal regulations and laws that apply to the work being performed under this contract.

5.2 Employee and Supervisory Training:

5.2.1. This scope will be separately priced and will be negotiated at the time the Government intends to utilize this training service. The Contracting Officer will execute a bilaterally modification to the contractor in terms of a proposed contract change to provide training.

5.2.2. The Government reserves the right of final review and approval of all informational materials to be distributed to employees and supervisors. The Government will provide support personnel to assist with coordination and set-up for the meetings and training events. Coordination and set-up efforts will include the following. Scheduling and coordination of facilities used to provide the training sessions. Scheduling and coordination of appropriate equipment at the training site for use as needed by contractor for the training purposes. Travel to and from the location(s) where the training is required is the responsibility of the service provided.

5.2.3. The Contractor may be required to provide training to Maine National Guard supervisors and managers that will provide an overall view of the EAP program, the signs and symptoms of troubled employees, intervene and refer the individual(s) to the EAP services. The contracted trainers are to have minimum of three years’ experience as a trainer in fields related to the training topic.

5.2.4. The Contractor may be required to provide training to Maine National Guard employees that will provide an overall view of the EAP programs, provide them with a framework of the features and benefits of the programs, and outline the procedures for accessing local counselor. Affiliate counselors who are also trainers are to have a minimum of three years paid experience as a trainer or behavioral health topics.

5.3. Contractor Manpower Reporting Application (CMRA):

5.3.1 The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Maine Army National Guard Bureau via a secure data collection site.

5.3.2 The contractor shall completely fill in all required data fields using the following web address: http://www.ecmra.mil/. Reporting inputs shall be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2020. Contractors may direct questions to the help desk at http://www.ecmra.mil.

Requiring Activity Unit Identification Code (UIC): W8A4AA

PSC: G099

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

Publication (Chapter/Page)

Federal Acquisition Regulation

http://farsite.hill.af.mil/

Defense Federal Acquisition Regulation Supplement

Federal Information Processing Standards (FIPS) Publication 201-2 Personal Identity Verification (PIV) of Federal Employees and Contractors (paragraph 9)

DoDD 5400.11 Department of Defense Privacy Program

DoD 5400.11-R Department of Defense Privacy Program

Federal Employee Health Services Programs

Public Law 104-191 (Health Insurance Portability and Accountability Act of 1996

Advisory

Executive Order 12567, Drug Free Federal Workforce

Army Regulation (AR) 600-85, Army Substance Abuse Program,

6.1 Applicable Forms: Forms applicable to the PWS are listed below:

DD 1172-2

Application for Identification Card/DEERS Enrollment

I-9 Employment Eligibility Verification

DD 441

Department of Defense Security Agreement

DD 250

Material Inspection and Receiving Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

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

New patient records created prior to first counseling session.

Short term counseling schedule within 24 hour.

5.1.2.

Toll-free number.

5.1.3.

Publicity and Awareness Brochures

5.1.4 & 5.1.4.11 Publicity and Quarterly and Yearly Status Reports The Contractor shall provide quarterly basis and yearly. Reports are due within fourteen calendar days following the end of the reporting period.

5.1.4.12 Feedback

TECHNICAL EXHIBIT 2

Deliverables Schedule

https://wawf.eb.mil/piee-landing/

http://www.ecmra.mil

TECHNICAL EXHIBIT 3

Estimated Workload Data

This information is provided for historical background only. It is not a guarantee of workload quantities.

The information provided below regarding estimated or historical service is intended to aid the contractor in understanding the requirements associated with the services and in submitting an appropriate price quote.

Army (238) & Air Force (193) 431 Employees

OPTION PERIOD 1

Army (235) & Air Force (165) 400 Employees

Army (235) & Air Force (149) 384 Employees

OPTION PERIOD 3

Army (235) & Air Force (134)

369 Employees

OPTION PERIOD 4

Army (235) & Air Force (130)

364 Employees