36C24519Q0262-001.pdf

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 54

688-19-2-478-0038

36C24519Q0262 04-22-2019

LAURA JARDINE 4106422411 21104 04-26-2019

3:00PM

Department of Veterans Affairs VA Maryland Health Care System Amy Ritchey, Contracting Officer 510 Butler Avenue, Bldg 306A Martinsburg MD 25401

X 100

X

611620

$7.5 Million

N/A

50 Irving St, NW

Washington DC 20422

Laura Jardine, Contract Specialist P.O. Box 1000, Bldg. 101B, Room 2 Perry Point MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

The Contractor shall provide an Instructor for Tai Chi/Qigong at the Washington DC Medical Center in accordance with (IAW) the Statement of Work (SOW).

The is a Base Year contract with Four (4) Option Years, if exercised.

Period of Performance (POP): 1 May 2019 through 30 Apr 2020

Please fill out B2 Price/Cost Schedule on Page 5.

See CONTINUATION Page

688-3690162-478-851100-2543 010055590

X 1

RYAN MULLINS

CONTRACTING OFFICER

36C24519Q0262

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 STATEMENT OF WORK…………………………………………………………………..11

SECTION C - CONTRACT CLAUSES

C.1 IT CONTRACT SECURITY

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.3 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

C.4 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.6 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS (DEC 2013)

C.7 52.237-3 CONTINUITY OF SERVICES (JAN 1991)

C.8 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.9 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATIONS……………………………………………………………….42

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018)

E.2 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

E.3 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL

2016)

E.4 52.216-1 TYPE OF CONTRACT (APR 1984)

E.5 52.217-3 EVALUATION EXCLUSIVE OF OPTIONS (APR 1984)

E.6 52.217-4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT

AWARD (JUN 1988)

E.7 52.217-5 EVALUATION OF OPTIONS (JUL 1990)

E.8 VAAR 852.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST (JAN 2008)

E.9 EVALUATION CRITERIA

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

Phone:

POC:

Email:

b. GOVERNMENT: Department of Veterans Affairs

P.O. Box 1000 Bldg. No. 101B, Room #2 Perry Point, MD 21902 POC: Laura Jardine Phone: 410-642-2411 x21104 Email: laura.jardine@va.gov

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

[ X ] 52.232-34, Payment by Electronic Funds Transfer – Other than Central Contractor

Registration; or [ ] 52.232.36, Payment by Third Party

3. INVOICES: Invoices shall be submitted:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [ X ] per hour, invoices submitted monthly in arrears

4. GOVERNMENT INVOICE ADDRESS: All invoices from the contractor shall be submitted electronically in accordance with VAAR 852.232-72 Electronic Submission of Payment Requests at:

OB10.com

OB-10

USA Headquarters 1040 Crown Point Parkway, Atlanta, GA 30338, Phone: 770-698-1420 mailto:laura.jardine@va.gov

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

364.00 HR ____________ ____________

The Contractor shall provide an Instructor for Tai Chi/Qigong

Classes for approximately twelve (12) Veterans per classes for seven (7) hours per week not to exceed 364 hours per year.

Contract Period: Base POP Begin: 05-01-2019 POP End: 04-30-2020

104.00 HR ____________ _______________

The Contractor shall perform approximately two (2) hours of

Clinical Notes per week not to exceed 104 hours per year.

Contract Period: Base

12.00 HR ______ _______________

The Contractor shall attend monthly, one (1) hour Integrative

Health and Wellness Program (IHW) meetings not to exceed twelve (12) hours per year.

Contract Period: Base

8.00 HR ___________ _______________

The Contractor shall perform and complete Veterans Health

Administration (VHA) training as needed not to exceed eight

(8) hours per year.

Contract Period: Base

364.00 HR ___________ _______________

Classes for approximately twelve (12) Veterans per classes for seven (7) hours per week not to exceed 364 hours per year.

Contract Period: Option 1 POP Begin: 05-01-2020 POP End: 04-30-2021

104.00 HR ___________ _______________

The Contractor shall perform approximately two (2) hours of Clinical Notes per week not to exceed 104 hours per year.

Contract Period: Option 1

12.00 HR ___________ _______________

Health and Wellness Program (IHW) meetings not to exceed twelve (12) hours per year.

Contract Period: Option 1

Administration (VHA) training as needed not to exceed eight

(8) hours per year.

Contract Period: Option 1

Classes for approximately twelve (12) Veterans per classes for seven (7) hours per week not to exceed 364 hours per year.

Contract Period: Option 2 POP Begin: 05-01-2021 POP End: 04-30-2022

Clinical Notes per week not to exceed 104 hours per year.

Contract Period: Option 2

Health and Wellness Program (IHW) meetings not to exceed twelve (12) hours per year.

Contract Period: Option 2

Administration (VHA) training as needed not to exceed eight

(8) hours per year.

Contract Period: Option 2

Classes for approximately twelve (12) Veterans per classes for seven (7) hours per week not to exceed 364 hours per year.

Contract Period: Option 3 POP Begin: 05-01-2022 POP End: 04-30-2023

Clinical Notes per week not to exceed 104 hours per year.

Contract Period: Option 3

Health and Wellness Program (IHW) meetings not to exceed twelve (12) hours per year.

Contract Period: Option 3

Administration (VHA) training as needed not to exceed eight

(8) hours per year.

Contract Period: Option 3

Classes for approximately twelve (12) Veterans per classes for seven (7) hours per week not to exceed 364 hours per year.

Contract Period: Option 4 POP Begin: 05-01-2023 POP End: 04-30-2024

Clinical Notes per week not to exceed 104 hours per year.

Contract Period: Option 4

Health and Wellness Program (IHW) meetings not to exceed twelve (12) hours per year.

Contract Period: Option 4

Administration (VHA) training as needed not to exceed eight

(8) hours per year.

Contract Period: Option 4

TOTAL:

B.3 STATEMENT OF WORK

Background Information/Purpose The Contractor shall provide a Tai Chi/Qigong Instructor for the Integrative Health and Wellness Program (IHW) at the Washington DC Veterans Affairs Medical Center (DC VAMC) provides complementary and integrative health services in an integrative health clinic setting. Tai chi, qigong, acupuncture, yoga, meditation, qigong, nutrition, massage, integrative health education courses, and whole health courses are offered to Veterans enrolled in the DC VAMC. The services provided by the IHW Program have been well-received by Veterans and providers within DC VAMC. Tai chi, acupuncture, and yoga are also offered to staff who work at DC VAMC to encourage employee wellness.

Tai Chi and Qigong are exercises that use breathing, posture, and movement along with focused awareness and attention to stimulate the sensations of Qi (energy) in the body. With roots in martial arts and Chinese Medicine, Tai Chi and Qigong are traditionally used for exercise, wellness, and meditation. A Tai Chi/Qigong Instructor is necessary to support maintenance and expansion of tai chi/qigong service provision in the IHW Program for the benefit of both Veterans and staff.

The IHW Program seeks a Tai Chi/Qigong Instructor with a background in providing Tai chi/Qigong instruction that shall provide a Tai Chi/ Qigong Instructor to meet the needs of this requirement. The Tai Chi/Qigong Instructor shall teach Tai Chi and Qigong to vulnerable populations with emotional trauma and physical trauma (e.g. traumatic brain injury, movement limitations), and provide and contextualize energetic healing experiences for vulnerable populations. The Contractor shall have the ability to provide the IHW Program a suitable Tai Chi/Qigong Instructor replacement within ten (10) business days.

The Tai Chi/Qigong Instructor’s training and experience shall meet the clinical requirements to fulfill this position in order to provide both tai chi and qigong classes at DC VAMC. In addition, the Tai Chi/Qigong Instructor shall have a strong background in the field of complementary and integrative health, specifically in tai chi and qigong, to help develop the growth of the IHW Program at DC VAMC.

Significance of this Project

The Veterans Health Administration Directive 1137, Provision of Complementary and Integrative Health (CIH), complementary and integrative health approaches, including Tai Chi and Qigong, shall be made available to Veterans across the system, either within a VA medical facility or in the community. The work being done by the IHW Program is a necessity as more Veterans request increased access to CIH services and demand continues to grow. The Tai Chi/Qigong Instructor shall meet the mandate of Veterans Health Administration Directive 1137, necessary to meet the increased demand for Tai Chi/Qigong services from Veterans and staff at DC VAMC and shall work with IHW staff to continue to establish program improvement, especially in tai chi/qigong. The combined effort of the IHW Program and the Tai Chi/ Qigong Instructor shall lead to improved access and quality of care for Veterans.

All work shall be completed during IHW regular program hours from 8:00AM – 5:00PM Eastern Standard Time (EST) Monday through Friday.

The Tai Chi/Qigong Instructor shall work under the guidance and supervision of the IHW Program Director or designee. The Tai Chi/Qigong Instructor shall require a desk, and access to a phone and/or computer, which will be provided by DC VAMC and the IHW Program.

Qualifications/Clinical Requirements

The Tai Chi/Qigong Instructor must meet the minimum proficiencies for both a Tai Chi Instructor and a Qigong Instructor as stated in the DC VAMC Wellness Provider Validation Master Policy Package Version 2.0.

DC VAMC Wellness Provider Validation Master Policy Package Version 2.0 Tai Chi Instructor Minimum Proficiency:

At DC VAMC, Tai Chi Instructors must be a Tai Chi Practitioner certified by the American Tai Chi and Qi Gong Association (ATCQGA), or equivalent, which requires at least 150 documented hours of formal Tai Chi training, two or more reference letters, and continuing education (in the form of self-study, workshops, seminars, and/or classes) in Tai Chi for at least ten (10) hours a year to maintain certification. In addition, the DC VAMC also requires a minimum of 350 hours of Tai Chi professional teaching experience.

DC VAMC Wellness Provider Validation Master Policy Package Version 2.0 Qigong Instructor Minimum Proficiency:

At DC VAMC, Qigong Instructors must be a Level I Qi Gong Instructor certified by the National Qigong Association (NQA), or equivalent, which requires at least 200 documented formal hours of Qi Gong Training. The DC VAMC requires a minimum of 350 hours of Qi Gong professional teaching experience.

The Tai Chi/Qigong Instructor shall possess experience in teaching and applying Tai Chi and Qigong to vulnerable populations with emotional trauma and physical trauma (e.g. traumatic brain injury, movement limitations), and in providing and contextualizing energetic healing experiences for vulnerable populations. The Tai Chi/Qigong Instructor must be knowledgeable and sensitive to the unique experiences and special needs of combat-deployed Veterans.

The Tai Chi/Qigong Instructor shall adhere to VHA policies for clinical providers, as delineated by the credentialing staff at the DC VAMC. Any additional credentialing/certification and licensing necessary to offer these services shall be maintained. The Tai Chi/Qigong Instructor shall have current American Heart Association HeartCode Basic Life Support (BLS) certification prior to beginning work at DC VAMC and shall independently maintain current American Heart Association HeartCode Basic Life Support (BLS) certification while working at DC VAMC.

Documentation for current BLS certification shall be provided to the IHW Program Director or designee.

The IHW Program consists of an interdisciplinary team. The Tai Chi/Qigong Instructor shall demonstrate the ability to work well within an interdisciplinary team.

Period of Performance

Tai chi/Qigong services under this contract is for Base Year plus Four (4) Option Years, if exercised.

Place of Performance

The Tai Chi/Qigong Instructor shall complete work at the Washington DC Veterans Affairs Medical Center and community-based outpatient clinics. Majority of Tai Chi/Qigong classes will be provided in the IHW Clinic but there may be Tai Chi/Qigong classes provided in other areas/units of the hospital and community-based outpatient clinics as directed and approved by the IHW Program Director or designee. Work completed outside of the medical center must be first approved by the IHW Program Director or designee.

Information Security

The Tai Chi/Qigong Instructor shall be required to store or maintain VA sensitive information.

According to VHA Handbook 6500.6, Appendix C (3) (h), “the contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.” The Tai Chi/Qigong Instructor shall be subject to the same Federal Laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

See the related clauses at the end of this document.

All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the "Contractor Rules of Behavior", which will be provided during the kick-off meeting; (2) Successfully complete the "VA Cyber Security Awareness and Rules of Behavior" training and annually complete required security training; (3) Successfully complete the appropriate VA privacy training and HIPAA training annually, TMS training 10203;

and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access.

The Contractor shall provide to the contracting officer and/or the contracting officer representative (COR) a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within one (1) week of the initiation of the contract and annually thereafter, as required. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

Scope of Work and Deliverables

Task #1: Provide Tai Chi and Qigong classes to Veterans and staff

Task Description: The Tai Chi/Qigong Instructor shall provide tai chi and qigong classes to Veterans and staff within the IHW clinic, during special events, and for wellness programming elsewhere in the medical center and community-based outpatient clinics as directed and approved by the IHW Program Director or designee. The Tai Chi/Qigong Instructors shall screen Veterans and staff prior to all appointments to ensure they do not present with chronic or acute medical conditions that make them inappropriate to participate in tai chi/qigong. The Tai Chi/Qigong Instructor is required to follow all VHA guidelines and policies surrounding patient care. The Tai Chi/Qigong Instructor shall create a safe environment of healing and restoration for Veterans and staff. The Tai Chi/Qigong Instructor shall adapt the tai chi/qigong instruction as needed for patients with complex medical conditions, including but not limited to modification to serve Veterans who may use assistive devices such as walker or wheelchairs.

Task Deliverables:

The dates, times, and locations of the tai chi/qigong classes and any adjustments to the schedule are determined by IHW Program Director or designee. Tai Chi/Qigong Instructor shall arrive on time and no more than 15 minutes ahead of class. Tai Chi/Qigong Instructor shall remain on schedule to provide tai chi/qigong classes of a duration length determined by IHW Program Director or designee. The time allotted should include preparation and introduction to the service.

In the event of planned absences, the Tai Chi/Qigong Instructor shall advise the IHW Clinic as soon as possible, and no later than four (4) weeks prior to planned absence, so that classes may be cancelled. In the event of unplanned absences, the Tai Chi/Qigong Instructor shall contact IHW Clinic as soon as possible, and no later than 7:00AM EST on the day of the unplanned absence, so that classes may be cancelled. Please note that 30-60 minutes per day for lunch and breaks are uncompensated and not billable. Please also note that vacations and sick days are uncompensated and not billable.

The Contractor shall provide the IHW Program a suitable Tai Chi/Qigong replacement within ten

(10) business days to prevent disruption of IHW Program services should the Tai Chi/Qigong Instructor become unable to provide Tai Chi/Qigong instruction or is unable to provide further massage services.

The Tai Chi/Qigong Instructor shall demonstrate an understanding of VHA guidelines and policies and adhere to guidelines set forth by the IHW Program Director or designee.

Task #2: Complete clinical notes in electronic health record system and other administrative tasks

Task Description: The Tai Chi/Qigong Instructor shall complete clinical notes in the Veterans Health Administration (VHA) electronic health record system, known as the Computer ized Pat ien t Record Sys tem (CPRS) , adhering to VHA policies and guidelines. The Tai Chi/Qigong instructor shall note anything of importance as it pertains to the patient's care.

The Instructor shall provide administrative tasks that include calling patients to remind them of future tai chi/qigong classes and other appropriate administrative tasks as determined by IHW Program Director or designee.

Task Deliverables: This task must be completed in a timely fashion and shall take no more than fifteen (15) minutes per class. The Tai Chi/Qigong Instructor shall complete this task before leaving the medical center or community-based outpatient clinic for the day, unless mitigating circumstances are present.

Task #3: Attend necessary meetings at the Washington, DC VA Medical Center

Task Description: The Tai Chi/Qigong Instructor shall attend monthly team meetings, as well as any meetings deemed necessary by the IHW Program Director or designee. The IHW Program Director o r de s ign ee will determine which meetings are required to attend. If not able to attend in person, the Tai Chi/Qigong Instructor shall call into meetings by phone as appropriate. If in attendance, the T a i C h i / Q igong Instructor shall be an active participant during these meetings. The Tai Chi/Qigong Instructor shall share feedback and relevant experience, when appropriate, to foster the growth of the IHW Program. The Tai Chi/Qigong instructor shall complete other additional, related duties to this task by the IHW Program Director.

Task Deliverable: Attendance in meetings as assigned by the IHW Program Director or designee.

The Tai Chi/Qigong instructor shall contribute ideas and shall be responsible for assigned action items generated from meetings.

Task #4: Maintain required VHA trainings

Task Description: The Tai Chi/Qigong Instructor shall maintain up-to-date trainings that are required by the VHA for all personnel involved in patient care and/or research studies.

Training certificates shall be given to the IHW Program Director, or other appropriate staff within the IHW Program.

Task Deliverables: The Tai Chi/Qigong Instructor must complete these trainings annually, or as necessary. Time to complete trainings varies by course.

Deliverables Timeline, Record Keeping, and Payment Schedule

The Tai Chi/Qigong Instructor shall complete all assigned tasks within the period of performance. If a task deadline cannot be met, proper notification shall be given in advance to the COR and the IHW Program Director or designee.

The Tai Chi/Qigong Instructor shall be responsible for check-in with IHW Clinic Coordinator or designee each time they report for duty and responsible for completing IHW Daily Log Sheets each day they work, which includes signing-in and signing-out, to ensure adequate record keeping.

Rate Schedule:

Rate Schedule is calculated based on Contractor providing a Tai Chi/Qigong Instructor to the IHW Program for 52 weeks per year.

The Contractor’s personnel shall not work and shall not bill or invoice for work on the following legal holidays:

New Year’s Day; Martin Luther King Jr’s Birthday; Presidents’ Day; Memorial Day;

Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day.

The Contractor and/or Tai Chi/Qigong Instructor shall provide written documentation of current HeartCode Basic Life Support (BLS), resumes/CV, licenses, certifications, professional liability insurance, and other necessary documentation as requested for each Massage Practitioner being utilized for this contract. All documentation must be submitted and approved by the COR prior to IHW Clinic Orientation and hospital orientation, as needed. In addition, all documentation must be submitted to the IHW Program Director or designee for Validation and Massage Practitioners must be validated by the IHW Validation Committee prior to IHW Clinic Orientation and providing services at DC VAMC. All associated expenses shall be borne by the Contractor and are not reimbursable, nor the responsibility of DC VAMC.

Tai Chi/Qigong Instructor shall complete applicable orientations in-person at DC VAMC prior to providing services at DC VAMC. The DC VAMC and IHW Program shall be responsible for the orientation of the Contractor employee (s) to the medical center and the IHW clinic. The Tai Chi/Qigong Instructor shall complete applicable competencies in-person at DC VAMC prior to providing services at DC VAMC. DC VAMC and IHW Program shall be responsible for facilitating the Tai Chi/Qigong Instructor’s completion of applicable competencies.

SECTION C - CONTRACT CLAUSES

C.1 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor's employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/ subcontractor must not destroy information received from VA, or gathered/ created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state.

If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor's firewall and Web services security controls, if applicable, shall meet or exceed VA's minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA's prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart C, information and system security categorization level designations in accordance with FIPS 199 and FIPS 200 with implementation of all baseline security controls commensurate with the FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA Information Security Program). During the development cycle a Privacy Impact Assessment

(PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration (FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default "program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal Information Systems, VA Handbook 6500, Information Security Program and VA Handbook 6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of 1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a SOR on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a SOR on individuals to accomplish an agency function, the contractor/subcontractor is considered to be an employee of the agency.

(1) "Operation of a System of Records" means performance of any of the activities associated with maintaining the SOR, including the collection, use, maintenance, and dissemination of records.

(2) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and contains the person's name, or identifying number, symbol, or any other identifying particular assigned to the individual, such as a fingerprint or voiceprint, or a photograph.

(3) "System of Records" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

i. The vendor shall ensure the security of all procured or developed systems and technologies, including their subcomponents (hereinafter referred to as "Systems"), throughout the life of this contract and any extension, warranty, or maintenance periods. This includes, but is not limited to workarounds, patches, hotfixes, upgrades, and any physical components (hereafter referred to as Security Fixes) which may be necessary to fix all security vulnerabilities published or known to the vendor anywhere in the Systems, including Operating Systems and firmware. The vendor shall ensure that Security Fixes shall not negatively impact the Systems.

j. The vendor shall notify VA within 24 hours of the discovery or disclosure of successful exploits of the vulnerability which can compromise the security of the Systems (including the confidentiality or integrity of its data and operations, or the availability of the system). Such issues shall be remediated as quickly as is practical, but in no event longer than days.

k. When the Security Fixes involve installing third party patches (such as Microsoft OS patches or Adobe Acrobat), the vendor will provide written notice to the VA that the patch has been validated as not affecting the Systems within 10 working days. When the vendor is responsible for operations or maintenance of the Systems, they shall apply the Security Fixes within days.

l. All other vulnerabilities shall be remediated as specified in this paragraph in a timely manner based on risk, but within 60 days of discovery or disclosure. Exceptions to this paragraph (e.g.

for the convenience of VA) shall only be granted with approval of the contracting officer and the VA Assistant Secretary for Office of Information and Technology.

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. For information systems that are hosted, operated, maintained, or used on behalf of VA at non-VA facilities, contractors/subcontractors are fully responsible and accountable for ensuring compliance with all HIPAA, Privacy Act, FISMA, NIST, FIPS, and VA security and privacy directives and handbooks. This includes conducting compliant risk assessments, routine vulnerablity scanning, system patching and change management procedures, and the completion of an acceptable contingency plan for each system. The contractor's security control procedures must be equivalent, to those procedures used to secure VA systems. A Privacy Impact Assessment (PIA) must also be provided to the COR and approved by VA Privacy Service prior to operational approval. All external Internet connections to VA's network involving VA information must be reviewed and approved by VA prior to implementation.

b. Adequate security controls for collecting, processing, transmitting, and storing of Personally Identifiable Information (PII), as determined by the VA Privacy Service, must be in place, tested, and approved by VA prior to hosting, operation, maintenance, or use of the information system, or systems by or on behalf of VA. These security controls are to be assessed and stated within the PIA and if these controls are determined not to be in place, or inadequate, a Plan of Action and Milestones (POA&M) must be submitted and approved prior to the collection of PII.

c. Outsourcing (contractor facility, contractor equipment or contractor staff) of systems or network operations, telecommunications services, or other managed services requires certification and accreditation (authorization) (C&A) of the contractor's systems in accordance with VA Handbook 6500.3, Certification and Accreditation and/or the VA OCS Certification Program Office. Government- owned (government facility or government equipment) contractor-operated systems, third party or business partner networks require memorandums of understanding and interconnection agreements (MOU-ISA) which detail what data types are shared, who has access, and the appropriate level of security controls for all systems connected to VA networks.

d. The contractor/subcontractor's system must adhere to all FISMA, FIPS, and NIST standards related to the annual FISMA security controls assessment and review and update the PIA. Any deficiencies noted during this assessment must be provided to the VA contracting officer and the ISO for entry into VA's POA&M management process. The contractor/subcontractor must use VA's POA&M process to document planned remedial actions to address any deficiencies in information security policies, procedures, and practices, and the completion of those activities.

Security deficiencies must be corrected within the timeframes approved by the government.

Contractor/subcontractor procedures are subject to periodic, unannounced assessments by VA officials, including the VA Office of Inspector General. The physical security aspects associated with contractor/ subcontractor activities must also be subject to such assessments. If major changes to the system occur that may affect the privacy or security of the data or the system, the C&A of the system may need to be reviewed, retested and re- authorized per VA Handbook

6500.3. This may require reviewing and updating all of the documentation (PIA, System Security Plan, Contingency Plan). The Certification Program Office can provide guidance on whether a new C&A would be necessary.

e. The contractor/subcontractor must conduct an annual self assessment on all systems and outsourced services as required. Both hard copy and electronic copies of the assessment must be provided to the COR. The government reserves the right to conduct such an assessment using government personnel or another contractor/subcontractor. The contractor/subcontractor must take appropriate and timely action (this can be specified in the contract) to correct or mitigate any weaknesses discovered during such testing, generally at no additional cost.

f. VA prohibits the installation and use of personally-owned or contractor/ subcontractor-owned equipment or software on VA's network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA-approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

g. All electronic storage media used on non-VA leased or non-VA owned IT equipment that is used to store, process, or access VA information must be handled in adherence with VA Handbook 6500.1, Electronic Media Sanitization upon: (i) completion or termination of the contract or (ii) disposal or return of the IT equipment by the contractor/subcontractor or any person acting on behalf of the contractor/subcontractor, whichever is earlier. Media (hard drives, optical disks, CDs, back-up tapes, etc.) used by the contractors/ subcontractors that contain VA information must be returned to the VA for sanitization or destruction or the contractor/subcontractor must self-certify that the media has been disposed of per 6500.1 requirements. This must be completed within 30 days of termination of the contract.

h. Bio-Medical devices and other equipment or systems containing media (hard drives, optical disks, etc.) with VA sensitive information must not be returned to the vendor at the end of lease, for trade-in, or other purposes. The options are:

(1) Vendor must accept the system without the drive;

(2) VA's initial medical device purchase includes a spare drive which must be installed in place of the original drive at time of turn-in; or

(3) VA must reimburse the company for media at a reasonable open market replacement cost at time of purchase.

(4) Due to the highly specialized and sometimes proprietary hardware and software associated with medical equipment/systems, if it is not possible for the VA to retain the hard drive, then;

(a) The equipment vendor must have an existing BAA if the device being traded in has sensitive information stored on it and hard drive(s) from the system are being returned physically intact; and

(b) Any fixed hard drive on the device must be non-destructively sanitized to the greatest extent possible without negatively impacting system operation. Selective clearing down to patient data folder level is recommended using VA approved and validated overwriting technologies/methods/tools. Applicable media sanitization specifications need to be pre-approved and described in the purchase order or contract.

(c) A statement needs to be signed by the Director (System Owner) that states that the drive could not be removed and that (a) and (b) controls above are in place and completed. The ISO needs to maintain the documentation.

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information,…