36C24519Q0604-001.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 79

688-20-1-298-0001

36C24519Q0604 09-12-2019

Keith Roberts (keith.roberts@va.gov) 410-642-2411 x22921 09-19-2019 12:00 p.m.

Keith Roberts, Contracting Specialist VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 25 Perry Point MD 21902

X 100

X

621399

$8.0 Million

N/A

Department of Veterans Affairs

Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 26

Keith Roberts, Contracting Specialist

Contracting Officer (90C) P.O. Box 1000, Bldg. 101, Room 25

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 Acupuncturist who will provide services to beneficiaries of the Washington D.C. VA Medical Center in accordance with the Statement of Work (SOW).

The contract period of performance will be a base year and four option years exercisable at the discretion of the government.

Period of Performance (POP): Dates will be determined upon award. See estimated periods of performance in SOW.

See Section E.1 for instructions for quote submission.

This requirement is solicited under the authority of 38 U.S.C. 8153 and VAAR part 873.

See CONTINUATION Page

X ONE (1)

Paschal L. Dawson Contracting Officer

36C24519Q0604

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 SPECIAL CONTRACT REQUIREMENTS

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 STATEMENT OF WORK: WHOLE HEALTH PROGRAM ACUPUNCTURIST

B.5 INFORMATION REGARDING CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM

(CPARS) – CONTRACTOR’S RESPONSIBILITY

B.6 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION

INTO CONTRACTS, AS APPROPRIATE

SECTION C - CONTRACT CLAUSES

C.1 52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN

2016)

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAY 2019)

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.7 SUPPLEMENTAL INSURANCE REQUIREMENTS

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

C.9 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

SET-ASIDE (JUL 2016)(DEVIATION)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

C.11 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)

C.12 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008)

C.13 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.14 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008)

C.15 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) 43

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 PAST PERFORMANCE INFORMATION AND SURVEY

D.2 IMMIGRATION AND NATIONALITY ACT EMPLOYMENT PROVISIONS CONTRACTOR

CERTIFICATION

D.3 CONTRACTOR RULES OF BEHAVIOR

D.4 WAGE DETERMINATION SCHEDULE

SECTION E - SOLICITATION PROVISIONS

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

INSTRUCTIONS FOR SUBMISSION OF QUOTES

E.2 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018)62

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)

E.6 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.7 VAAR 852.273-73 EVALUATION - HEALTH-CARE RESOURCES (JAN 2003)

E.8 VAAR 852.273-74 AWARD WITHOUT EXCHANGES (JAN 2003)

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: Name:

Address:

Point of Contact:

Email:

Phone:

b. GOVERNMENT:

Paschal L. Dawson, Contracting Officer

Baltimore Annex 209 W. Fayette Street, Suite D605 Baltimore MD 21201-3403 paschal.dawson@va.gov 410-637-1519

Keith Roberts, Contracting Specialist VA Maryland Health Care System Contracting Officer (90C) P.O. Box 1000, Bldg 101, Room 25 Perry Point, MD 21902 keith.roberts@va.gov 410-642-2411 x22921

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor should be mailed to the following address: N/A

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] MONTHLY IN ARREARS

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

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

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

AMENDMENT NO DATE

mailto:paschal.dawson@va.gov mailto:keith.roberts@va.gov

B.2 SPECIAL CONTRACT REQUIREMENTS

Under the authority of Public Law 104-262 and 38 USC 8153, the contractor agrees to provide Health Care Resources in accordance with the terms and conditions stated herein, to furnish to and at the Washington D.C. Department of Veterans Affairs Medical Center, the services and prices specified in the section entitled “Price/Cost Schedule” of this contract.

1. SERVICES:

a. The services specified in the Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract.

b. Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

c. The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the VA facility.

2. TERM OF CONTRACT:

This contract is effective one year from date of award plus four (4) one-year options that may be exercised by the VA. The contract is subject to the availability of funds. The contractor shall perform no services after September 30 of any year until the Contracting Officer authorizes such services in writing.

3. QUALIFICATIONS:

Personnel assigned by the Contractor to perform the services covered by this contract shall be licensed in a State, Territory, or Commonwealth of the United States or the District of Columbia. All licenses held by the personnel working on this contract shall be full and unrestricted licenses. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. Each person assigned to work under this contract shall be licensed as described above in the Statement of Work.

4. WORK HOURS:

a. The services covered by this contract shall be furnished by the contractor as defined herein. The contractor will not be required, except in case of emergency, to furnish such services during off-duty hours as described below.

b. The following terms have the following meanings:

(1) Work hours: Monday through Friday, 8:00 a.m. - 4:30 p.m.

(2) National Holidays: The 10 holidays observed by the Federal Government are:

New Years Day Martin Luther King’s Birthday Presidents Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas AND any other day specifically declared by the President of the United States to be a national holiday.

(3) Off-Duty hours: Friday through Monday, 4:30 p.m. - 8:00 a.m.

5. PERSONNEL POLICY:

The contractor shall be responsible for protecting the personnel furnishing services under this contract.

To carry out this responsibility, the contractor shall provide the following for these personnel:

- General Liability

- Workers Compensation

- Professional Liability Insurance

- Health Examinations

- Income Tax Withholding, and

- Social Security Payments.

The parties agree that the contractor, its employees, agents and subcontractors shall not be considered VA employees for any purpose.

6. RECORD KEEPING:

The Washington D.C. VA Medical Center shall establish and maintain a record keeping system that will record the hours worked by the contractor employee(s). Contractor's employee(s) shall report to Administrative Officer, or designee upon arrival at the Washington D.C. VA Medical Center.

7. CONTRACT PERFORMANCE MONITORING:

Monitoring of contractor’s time shall be demonstrated through sign-in/ sign-out sheets. The contractor shall be required to sign an attendance log upon reporting to work and departing from work. The COR shall be the VA official responsible for verifying contract compliance. After contract award, any incidents of contractor noncompliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

8. KEY PERSONNEL AND TEMPORARY EMERGENCY SUBSTITUTIONS:

The Contractor shall assign to this contract the following key personnel:

a. During the first ninety (90) days of performance, the Contractor shall make NO substitutions of key personnel unless the substitution is necessitated by illness, death, or termination of employment. The Contractor shall notify the Contracting Officer, in writing, within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (c) below. After the initial 90-day period of the contract, the Contractor shall submit the information required by paragraph (c) to the Contracting Officer at least 15 days prior to making any permanent substitutions.

b. The Contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes shall have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 calendar days after receipt of all required information of the decision on the proposed substitutes. The contract will be modified to reflect any approved changes of key personnel.

c. For temporary substitutions where the key person will not be reporting to work for three (3) consecutive work days or more, the Contractor will provide a qualified replacement for the key person.

This substitute shall have comparable qualifications to the key person. Any period exceeding two weeks will require the procedure as stated above.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

936.00 HR __________________ __________________

Contractor shall provide acupuncture services to veterans and staff for 18 hours per week.

Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020

150.00 HR __________________ __________________

Contractor shall complete administrative tasks in accordance with the Statement of

Work.

Contract Period: Base POP Begin: 10-01-2019 POP End: 09-30-2020 week.

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021

Work.

Contract Period: Option 1 POP Begin: 10-01-2020 POP End: 09-30-2021 week.

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022

Work.

Contract Period: Option 2 POP Begin: 10-01-2021 POP End: 09-30-2022 week.

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

Work.

Contract Period: Option 3 POP Begin: 10-01-2022 POP End: 09-30-2023

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

week.

Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

Work.

Contract Period: Option 4 POP Begin: 10-01-2023 POP End: 09-30-2024

GRAND TOTAL __________________

B.4 STATEMENT OF WORK: WHOLE HEALTH PROGRAM

ACUPUNCTURIST

Background Information/Purpose

The Whole Health Program’s Integrative Health and Wellness Clinic (hereafter “IHW Clinic”) at the Washington DC Veterans Affairs Medical Center and associated community-based clinics (hereafter “DC VAMC”) provides complementary and integrative health (hereafter “CIH”) services in an integrative health clinic setting. Currently, acupuncture, massage, tai chi, qigong, yoga, meditation, qigong, nutrition, integrative health education courses, and Whole Health courses are offered to Veterans enrolled in the DC VAMC. The services provided by the Whole Health Program have been well-received by Veterans and providers within DC VAMC. In addition, acupuncture, tai chi, and yoga are currently offered to staff who work at DC VAMC to encourage employee wellness.

Acupuncture is one of the most requested services in the Whole Health Program and an Acupuncturist is necessary to support maintenance and expansion of acupuncture provision in the Whole Health Program for the benefit of both Veterans and staff.

The Acupuncturist’s training and experience must meet the clinical requirements to fulfill these positions in order to provide acupuncture at DC VAMC. In addition, the Acupuncturist must have a strong background in the field of complementary and integrative health, specifically in acupuncture, to promote the Whole Health Program at DC VAMC.

Significance of this Project

Per Veterans Health Administration Directive 1137, Provision of Complementary and Integrative Health (CIH), complementary and integrative health approaches, including massage, must be made available to Veterans across the system, either within a VA medical facility or in the community. As more Veterans request increased access to CIH services and demand continues to grow, the work being done by the Whole Health Program is a necessity. An Acupuncturist is necessary to meet the mandate of Veterans Health Administration Directive 1137, necessary to meet the increased demand for acupuncture services from Veterans and staff at DC VAMC, and necessary to work with Whole Health Program staff to continue to establish program improvement, especially in acupuncture. The combined effort of the Whole Health Program and the Acupuncturist will lead to improved access and quality of care for Veterans.

Implementation

The Acupuncturist will provide a total of 18 hours of acupuncture services weekly for the Washington, DC VAMC with an agreed upon schedule. The 18 hours per week of acupuncture services will occur for 52 weeks of the year for a total of 936 hours per year for the contract. The acupuncture services will be billed at the clinical rate.

In addition, the Acupuncturist will complete a total of 2.5 hours of clinical notes per week for 52 weeks for the year for a total of 130 hours a year for the contract. The Acupuncturist will each attend one monthly 1.0 hour Whole Health team meeting (in-person or via phone) for 12 months of the year for a total of 12 hours per year for the contract. The Acupuncturist will complete 8 hours of required VHA trainings per year for a total of 8 hours per year for the contract. These administrative tasks (clinical notes, team meetings, and VHA trainings) total 150 hours per year for the contract and will be billed at the administrative rate. (See CLINS 0002, 1002, 2002, 3002, and 4002.)

All work will be completed during Whole Health regular program hours from 8am-5pm Monday-Friday, unless otherwise directed by Whole Health Program Director or designee

The Acupuncturist will work as part of the Whole Health Program. The Acupuncturist will require a desk, and access to a phone and/or computer, which will be provided by DC VAMC and the Whole Health Program. The Acupuncturist will require equipment and materials necessary for acupuncture including acupuncture needles, alcohol wipes, acupuncture tables, and linens which will be provided by DC VAMC and the Whole Health Program.

Qualifications

Acupuncturist must have an active state license in acupuncture (L.Ac.) with a master’s degree in acupuncture (M.Ac.) from an ACAOM-accredited institution and Diplomat Board Certification from the National Certification Commission for Acupuncture and Oriental Medicine.

Acupuncturist must provide documentation of a passing score on the Council of Colleges of Acupuncture and Oriental Medicine’s Clean Needle Technique course. Acupuncturist must adhere to DC VAMC policies for clinical providers. If the acupuncturist is not a licensed clinician (e.g. M.D., D.O., etc.), s/he must take clinical direction from a DC VAMC clinical representative identified by the Whole Health Program Director or designee, unless otherwise directed or notified.

Acupuncturist must have at least five (5) years of documented experience providing acupuncture.

Acupuncturist must be comfortable with independently treating Veterans in an outpatient group and individual setting.

Acupuncturist must have experience providing acupuncture for individuals with complex medical conditions as documented by their CV. Examples of complex medical conditions include but are not limited to chronic pain, orthopedic injury, trauma, oncology, physical injuries and disabilities, conditions associated with geriatric populations, and other medical and mental health conditions commonly found in outpatient and inpatient hospital settings.

Acupuncturist must 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 acupuncture services must be maintained. Acupuncturist(s) must have current American Heart Association HeartCode Basic Life Support (BLS) certification prior to beginning work at DC VAMC and must independently maintain current American Heart Association HeartCode Basic Life Support (BLS) certification while working at DC VAMC.

Documentation for current BLS certification must be provided to the Whole Health Program Director or designee.

The Whole Health Program consists of an interdisciplinary team. Acupuncturist must demonstrate the ability to work well within an interdisciplinary team.

Acupuncturist must obtain and maintain adequate and appropriate professional liability insurance to provide acupuncture. Documentation for this must be provided to Whole Health Program Director or designee.

Acupuncturist experience providing acupuncture for military and/or veteran population is preferred but not required. Acupuncturist ability to provide tailored group acupuncture is preferred but not required.

Periods of Performance

Acupuncture services under this contract are for a base year of performance, and four additional one-year option periods, exercisable at the sole discretion of the government. Estimated dates of the periods of performance are as follows:

Base Year: October 1, 2019-September 30, 2020 Option Year 1: October 1, 2020-September 30, 2021 Option Year 2: October 1, 2021-September 30, 2022 Option Year 3: October 1, 2022-September 30, 2023 Option Year 4: October 1, 2023-September 30, 2024

Place of Performance

Acupuncturist(s) shall complete work at the Washington DC Veterans Affairs Medical Center, DC VAMC community-based outpatient clinics, and Veterans Heath Administration (VHA) Central Office in Washington DC. Majority of acupuncture will be provided in the Whole Health Clinic but there will be acupuncture provided in other areas/units of the hospitals, community-based outpatient clinics, and VHA Central Office with approval from the Whole Health Program Director or designee. Work completed outside of the medical center must be first approved by the Whole Health Program Director or designee.

Information Security

The Acupuncture Practitioner may 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 Acupuncturist 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";

(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.

TMS training time is included as part of the administrative CLINS (i.e., CLINS 0002, 1002, 2002, 3002, and 4002).

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 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 acupuncture services and acupuncture education to Veterans and staff

Task Description:

Acupuncturist will provide acupuncture services in both group and individual format to Veterans and staff within the Whole Health clinic, during special events, and wellness programming elsewhere in the medical center, community-based outpatient clinics, and VHA Central Office all with the approval of the Whole Health Program Director or designee. Acupuncturist will 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 receive acupuncture. In addition, Acupuncturist are required to follow all VHA guidelines and policies surrounding patient care. Acupuncturist must create a safe environment of healing and restoration for Veterans and staff. Acupuncture provided must be adapted as needed for patients with complex medical conditions.

Task Deliverables:

Acupuncturist will be able to commit to provide acupuncture services for a total of 18 hours a week for the contract. Acupuncturist must be able to provide acupuncture during the window of Monday-Friday 8:00 a.m.-5:00 p.m. on a reoccurring weekly basis with schedule flexibility that ensures delivery of services to meet patient/program needs. Dates, times, location of schedule and any adjustments to schedule are determined by Whole Health Program Director or designee. Acupuncturist shall arrive on time and no more than 15 minutes ahead of appointments. Acupuncturist shall remain on schedule to provide acupuncture services of a duration length determined by Whole Health Program Director or designee. The time allotted should include preparation and introduction to the service. In the event of planned absences, Acupuncturist will advise the Whole Health Program as soon as possible, and no later than four weeks prior to planned absence, so that appointments may be cancelled. In the event of unplanned absences, Acupuncturist will contact the Whole Health Program as soon as possible, and no later than 7am on the day of the unplanned absence, so that appointments 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 Acupuncturist shall provide tailored group auricular acupuncture to Veterans seen in the Whole Health Program, unless specified otherwise by the Whole Health Program Director or designee. The tailored auricular acupuncture will consist of the use of an electronic point finder and a series of pre-selected points. Five (5) points will be determined for each individual and administered in either one or both ears. The Acupuncturist shall provide tailored group sessions on a recurring weekly basis. The date, time, and location of these group sessions shall be determined by the Whole Health Program Director or designee. The Acupuncturist is required to follow all VHA guidelines and policies surrounding patient care.

The Acupuncturist shall also provide individual acupuncture to Veterans seen in the Whole Health Program, unless specified otherwise by the Whole Health Program Director or designee. Should a scheduled patient not present at scheduled appointment time for an individual session, Acupuncturist will provide acupuncture to waiting walk-in patients. Should a scheduled patient not present and there are no walk-in patients waiting for acupuncture, Acupuncturist will complete administrative tasks as assigned by Whole Health Program Director or designee and bill at administrative rate.

Acupuncturist should be able to demonstrate an understanding of VHA guidelines and policies and adhere to guidelines set forth by the Whole Health Program Director or designee.

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

Task Description:

Acupuncturist shall complete clinical notes in the Veterans Health Administration (VHA) Computerized Patient Record System (hereafter “CPRS”). These notes are to be completed each day the Acupuncturist provides service, adhering to VHA policies and guidelines. In addition to required information, Acupuncturist should note anything of importance as it pertains to the patient’s care.

Administrative tasks may include calling patients to remind them of future acupuncture appointments and other appropriate administrative tasks as determined by Whole Health Program Director or designee.

Task Deliverables:

Acupuncturist must complete all complete all clinical notes before leaving the medical center or community-based outpatient clinic for the day, unless mitigating circumstances are present. This task must be completed in a timely fashion and should take no more than 10-15 minutes per acupuncture session, for a total of 2.5 hours a week, and for a total of 130 hours per year.

All required medical record documentation shall be completed within 24 hours of seeing patients utilizing CPRS. The acupuncturist shall adhere to the Whole Health Program and hospital-wide procedures and instructions regarding charting notes in CPRS and shall adhere to VISN/Facility/VHA Handbooks regarding patient safety and policies for reporting adverse events.

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

Task Description:

Acupuncturist shall attend scheduled Whole Health team meetings once every month, as well as any meetings deemed necessary by the Whole Health Program Director or designee. The Whole Health Program Director or designee will determine which meetings are required to attend. If not able to attend in person, Acupuncturist can call into meetings as appropriate. If in attendance, Acupuncturist shall be an active participant during these meetings. The Acupuncturist is expected to share feedback and relevant experience when appropriate and to foster the growth of the Whole Health Program. The Acupuncturist may be asked to complete other additional related duties to this task by the Whole Health Program Director or designee.

Task Deliverables:

Attendance in meetings as assigned by the Whole Health Program Director or designee. Acupuncturist shall contribute ideas and shall be responsible for assigned action items generated from meetings. Total time to attend meetings will be a maximum of 12 hours per year.

Task #4: Maintain required VHA trainings and competencies

Task Description:

Acupuncturist shall maintain up-to-date trainings and competencies that are required by the VHA for all personnel involved in patient care and/or research studies. Training certificates must be given to the Whole Health Program Director, or other appropriate staff within the IHW Program.

Task Deliverables:

Acupuncturist must complete these trainings annually, or as necessary. Time to complete trainings varies by course. Total time required to complete trainings will be a maximum of 8 hours per year.

Deliverables Timeline, Record Keeping, and Payment Schedule

Acupuncturist shall complete all assigned tasks within the period of performance. If a task deadline cannot be met, proper notification must be given in advance to the COR and the Whole Health Program Director or designee.

Acupuncturist will 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.

Payments will be paid monthly, based on satisfactory progress and/or completion of the deliverables shown above. The Acupuncturist shall be responsible for submitting invoices, shall be responsible for tracking invoices, and shall not exceed the total cost of the awarded contract amount.

Rate Schedule:

Rate Schedule is calculated based on an Acupuncturist providing acupuncture services to the Whole Health Program for 52 weeks per year.

Acupuncturist will not work and will not bill 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, or any other day designated as a federal holiday.

Acupuncturist shall provide written documentation of current HeartCode Basic Life Support (BLS), resumes/CV, licenses, certifications, professional liability insurance, and other necessary documentation as requested. 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 Whole Health 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 Acupuncturist and are not reimbursable, nor the responsibility of DC VAMC.

The Acupuncturist must complete applicable orientations in-person at DC VAMC prior to providing services at DC VAMC. The DC VAMC and Whole Health Program shall be responsible for the orientation of the Acupuncturist to the medical center and the IHW Clinic, which is billable at the administrative rate. The Acupuncturist must complete applicable competencies in-person at DC VAMC prior to providing services at DC VAMC. DC VAMC and the Whole Health Program shall be responsible for facilitating Acupuncturist’s completion of applicable competencies, which is billable at the administrative rate.

B.5 INFORMATION REGARDING CONTRACTOR PERFORMANCE

ASSESSMENT REPORTING SYSTEM (CPARS) – CONTRACTOR’S

RESPONSIBILITY

This contract will require reporting by the Veterans Health Administration (VHA) in the Contractor Performance Assessment Reporting System (CPARS); therefore, at the time of award the contractor shall provide to the Contracting Officer a Point-of-Contract (POC) individual who will be responsible for managing reports within CPARS on this contract and will be assigned the role as “contractor representative” (CR) within CPARS.

CPARS is a Federal-agency wide system for the collection of Contractor Past Performance Information (PPI). Reporting PPI through CPARS is being implemented throughout VHA to be in compliance with the requirements of FAR Part 42 for documenting contractor performance assessments and evaluations.

PPI is relevant information for future source selection purposes regarding a contractor’s actions under previously awarded contracts. It includes, for example, the contractor’s record of conforming to contract requirements and to standards of good workmanship; the contractor’s record of forecasting and controlling costs; the contractor’s adherence to contract schedules, including the administrative aspects of performance;

the contractor’s history of reasonable and cooperative behavior and commitment to customer satisfaction;

the contractor’s record of integrity and business ethics, and, generally, the contractor’s business-like concern for the interest of the customer. Reporting PPI through CPARS facilitates compliance with the requirements of Office of Federal Procurement Policy (OFPP) memorandum, “Improving the Collection and Use of Information about Contractor Performance and Integrity”.

After award, the contractor’s CR will receive an email notification that access to the contract has been given to them. The CR should ensure that their contact information is accurate in CPARS at http://www.cpars.gov.

The Contracting Officer/Contracting Officer Representative will evaluate the contractor's performance throughout the life of the contract, generally every 365 days, and at the end of contract performance. The report shall, then, be assigned in CPARS to the contractor's designated CR for comment.

The contractor’s CR will have up to 60 days to submit any comments and then re-assign the report to the VA Contracting Officer/contract specialist acting as the Assessing Official within CPARS. Failure to register and respond within the 60 days will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond. The contractor should note that the government’s evaluation will appear in the Past Performance Information Retrieval System (PPIRS) on day 15 in a pending status if the CR has not commented by day 15. After the CR has either commented or failed to respond within 60 days, the evaluation will become final in PPIRS.

It is the responsibility of the contractor to contact the contracting officer and request a change if, at any time, the contractor wishes to change the person assigned as the contractor representative on this contract.

Training in the use of CPARS is available on line at http://www.cpars.gov by clicking on the tab “Training”.

INDIVIDUAL TO BE DESIGNATED AS CONTRACTOR REPRESENTATIVE (CR):

An individual must be designated in writing in order for a proposal to be considered responsive to the requirements of the applicable solicitation.

http://www.cpars.gov/

(First and last name):

Phone: Ext: Fax:

Internet/Email Address:

B.6 VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

VA INFORMATION AND INFORMATION SYSTEM SECURITY AND PRIVACY

Note: Applicable Sections: 2, 6, 7, 8, and 9

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. Each paragraph will be checked as applicable to the acquisition.

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 COTR, 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;

(2) 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…