36C24924Q0069.docx

SUBJECT*

Yoga Instructor

GENERAL INFORMATION

1101 Veterans Drive

Lexington KY

COUNTRY

CONTACT INFORMATION

Network Contracting Office 9

NCO 9

1639 Medical Center Parkway, Suite 204 Murfreesboro TN 37129

POINT OF CONTACT*

Contract Specialist Carmen Hanczyk carmen.hanczyk@va.gov 615-225-5973

ADDITIONAL INFORMATION

DESCRIPTION

THIS IS A PRESOLICITATION NOTICE – The Department of Veterans Affairs, Network Contracting Office 9, located at 1639 Medical Center Parkway, Suite 204, Murfreesboro, TN, 37129, anticipates issuing a solicitation “Request for Quotation (RFQ)” on or about 11/14/2023 to request quotes for a single award open market purchase order with an anticipated award date of 12/4/2023 for yoga instructor for the Lexington VA Medical Center.

SET-ASIDE: 100% Service-Disabled Veteran-Owned Small Business (SDVOSB)

NAICS Code: 611620 Sports and Recreation Instruction

SBA SIZE STANDARD: $ 9 Million of Dollars

PSC: U099 Education/Training Other

DESCRIPTION: This requirement is for the Lexington VA Medical Center. The requested service is for a yoga instructor.

PERIOD OF PERFORMANCE: The period of performance will be from the award date, which is estimated on or about 12/4/2023 through 12/3/2024. This would be a base plus 4 option years 12/4/2023 through 12/3/2028.

IMPORTANT NOTICE:

852.219-73 VA Notice of Total Set-Aside for Certified Service-Disabled Veteran-Owned Small Businesses.

As prescribed in 819.7011, insert the following clause:

VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled Veteran-owned small business concern or SDVOSB”:

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled Veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been certified for ownership and control pursuant to 38 U.S.C. 8127, 13 CFR 128, and is listed as certified in the SBA certification database at https://veterans.certify.sba.gov/; and

(v) The business agrees to comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size, government contracting, and the Veteran Small Business Certification Program at 13 CFR parts 121, 125, and 128.

(2) The term “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(3) The term “small business concern” has the meaning given that term under section 3 of the Small Business Act (15 U.S.C. 632).

(4) The term “small business concern owned and controlled by Veterans with service-connected disabilities” has the meaning given the term “small business concern owned and controlled by service-disabled veterans” under section 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)).

(5) The term "SDVOSB participant” or certified SDVOSB means a small business that has been certified in the SBA Veteran Small Business Certification Program and listed in the SBA certification database (see 13 CFR 128.102).

(b) General. In order for a concern to submit an offer and be eligible for the award of an SDVOSB set-aside or sole source contract, the concern must qualify as a small business concern under the size standard corresponding to the NAICS code assigned to the contract and be listed as an SDVOSB participant in the SBA certification database as set forth in 13 CFR 128.

(1) Offers received from entities that are not certified SDVOSBs and listed in the SBA certification database at the time of offer shall not be considered.

(2) Any award resulting from this solicitation shall be made to a certified SDVOSB listed in the SBA certification database who is eligible at the time of submission of offer(s) and at the time of award.

(3) The requirements in this clause apply to any contract, order or subcontract where the firm receives a benefit or preference from its designation as an SDVOSB, including set-asides, sole source awards, and evaluation preferences.

(c) Representation. Pursuant to 38 U.S.C. 8127(e), only certified SDVOSBs listed in the SBA certification database are considered eligible to receive award of a resulting contract. By submitting an offer, the prospective contractor represents that it is an eligible and certified SDVOSB as defined in this clause, 13 CFR 121, 125, and 128, and VAAR subpart 819.70.

(d) Agreement/LOS certification. When awarded a contract action, including orders under multiple-award contracts, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart 819.70 and SBA regulations on small business size, and government contracting programs at 13 CFR part 121 and part 125, including the non-manufacturer rule and limitations on subcontracting (LOS) requirements in 13 CFR 121.406(b) and 13 CFR 125.6. For the purpose of limitations on subcontracting, only certified SDVOSBs listed in the SBA certification database (including independent contractors) shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An otherwise eligible firm further agrees to comply with the required (LOS) certification requirements in this solicitation (see 852.219-75 or 852.219-76 as applicable). These requirements are summarized as follows:

(1) Services. In the case of a contract for services (except construction), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance to firms that are not certified SDVOSBs listed in the SBA certification database (excluding direct costs to the extent they are not the principal purpose of the acquisition and the SDVOSB/VOSB does not provide the service, such as airline travel, cloud computing services, or mass media purchases). When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract.

(2) Supplies/products. (i) In the case of a contract for supplies or products (other than from a non-manufacturer of such supplies), the SDVOSB prime contractor will not pay more than 50% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database. When a contract includes both supply and services, the 50 percent limitation shall apply only to the supply portion of the contract.

(ii) In the case of a contract for supplies from a non-manufacturer, the SDVOSB prime contractor will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) has been granted. Refer to 13 CFR 125.6(a)(2)(ii) for guidance pertaining to multiple item procurements.

(3) General construction. In the case of a contract for general construction, the SDVOSB prime contractor will not pay more than 85% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, to firms that are not certified SDVOSBs listed in the SBA certification database.

(4) Special trade construction contractors. In the case of a contract for special trade contractors, no more than 75% of the amount paid by the government to the prime for contract performance, excluding the cost of materials, may be paid to firms that are not certified SDVOSBs listed in the SBA certification database.

(5) Subcontracting. An SDVOSB subcontractor must meet the NAICS size standard assigned by the prime contractor and be certified and listed in the SBA certification database to count as similarly situated. Any work that a first tier VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, the cost of materials is excluded and not considered to be subcontracted. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the portion of the contract with the preponderance of the expenditure upon which the assigned NAICS is based. For information and more specific requirements, refer to 13 CFR 125.6.

(e) Required limitations on subcontracting compliance measurement period. An SDVOSB shall comply with the limitations on subcontracting as follows:

[Contracting Officer check as appropriate.] ____ By the end of the base term of the contract or order, and then by the end of each subsequent option period; or ____ By the end of the performance period for each order issued under the contract.

(f) Joint ventures. A joint venture may be considered eligible as an SDVOSB if the joint venture 13 CFR 128.402 and the managing joint venture partner makes the representations under paragraph (c) of this clause. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(g) Precedence. The VA Veterans First Contracting Program, as defined in VAAR 802.101, subpart 819.70, and this clause, takes precedence over any inconsistencies between the requirements of the SBA Veteran Small Business Certification Program, and the VA Veterans First Contracting Program.

(h) Misrepresentation. Pursuant to 38 USC 8127(g), any business concern, including all its principals, that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB status is subject to debarment from contracting with the Department for a period of not less than five years (see VAAR 809.406-2 Causes for Debarment).

Presolicitation Notice Presolicitation Notice

Presolicitation Notice

DESCRIPTION/STATEMENT OF WORK

1. Scope The Lexington VA Health Care System (LVAHCS) Whole Health Program has a requirement to provide Integrative Health Services including movement therapies (yoga instructor) and mind-body practices to veterans. Services will be provided at the Lexington VA. Contractors offering the services will be trained according to standards outlined by Yoga Alliance.

Contracted yoga instructors Contractors will have completed at least a 200-hour certification from an accredited program and will be registered with Yoga Alliance. Contracted yoga instructorsInstructors will have a current cardiopulmonary resuscitation (CPR) certification or will complete Basic Life Support (BLS) through the VA before offering classes. Proof of training of all contracted yoga instructors individual instructors will be provided to the LVAHCS. Services shall be provided in a safe, effective and non-judgmental manner and will take into consideration the individual needs of the recipient.

2. Purpose The Department of Veterans Affairs is committed to providing individualized, proactive, patient-driven care that includes both conventional and complementary integrative health (CIH) approaches. The Office of Patient Centered Care and Cultural Transformation (OPCCCT) provides leadership to VHA regarding IH approaches and serves as the LVAHCS’s partner in establishing a Whole Health model of care within our facility. It is VHA’s goal to provide care in the safest and least restrictive environment, through a continuum of services. The LVAHCS’s Whole Health Program Manager is responsible for developing, managing and providing CIH services to our Veterans. By partnering with, local instructors qualified to offer all required services to our Veterans through vested providers, the Whole Health Program Manager will create an avenue for Veterans to access CIH services. The primary goal of the Whole Health Program Manager is to maintain or improve the health of Veterans served in our organization by increasing equal access to CIH services.

3. Description of Service

a. The contractor will provide a yoga instructorss whose training meets standards set by Yoga Alliance and teaches in a manner acceptable to the LVAHCS for the following clinical service: Yoga (2 hours per week), to offer clinical services to veterans served by the LVAHCS, under the direction of the LVAHCS integrated health plan. IHP. Comment by Hanczyk, Carmen C.: What clinical services? Comment by Hanczyk, Carmen C.: What is IHP?

b. Programming will run Monday through Friday, between the hours of 0700-1900, with the exception of 11 Federal Holidays (New Year’s Day, MLK Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving, and Christmas Day)

c. Services will be provided in group sessions. Group sessions will accommodate from 1-12 participants, with the ability to add/drop participants with limited notice.

d. A master schedule of program offerings will be maintained by the VA Whole Health Program Manager and be made available to the Contracted yoga instructors. contractor. Changes to the schedule will be done with a minimum of 6 weeks’ notice to the contractor.

e. Cancellations of services will be accepted with a 6-week notice, without penalty. If cancellations are made within a 6-week time frame from said appointment, full compensation will be provided to the contracting organization.

f. Contracted instructors will attend required team meetings at the Lexington VA Medical Center, as deemed necessary by the Whole Health Program Manager. Attendance can be by phone, unless otherwise directed by the Whole Health Program Manager. Contracted yoga instructors will be expected to provide pertinent information to enable LVAHCS practitioner to document patient participation and outcomes in the VA Electronic Medical Record. The Contracted yoga instructors will provide feedback to the LVAHCS practitioner to add pertinent information to the patients record utilizing Computer Patient Record System (CPRS). The contracted yoga instructors CIH practitioners are expected to share feedback and relevant experience, when appropriate, to foster the growth of the Whole Health Program. Instructors Contracted yoga instructors may be asked to complete other additional, related duties by the Whole Health Program Manager. Contracted yoga instructors Practitioners must also maintain up-to-date trainings 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 Manager, or other appropriate staff within Mental Health.

g. Contracted yoga instructors Movement Therapy instructors will provide said therapy to Veterans seen in the Whole Health, unless specified as otherwise by the Whole Health Program Manager or associated LVAHCS staff. The style of expressive art should be consistent with the guidelines and direction of the integrated health plan (IHP). Sessions will be provided on a recurring, weekly basis. The date, time and location of these group sessions will be determined by the Whole Health Program Manager. The contracted yoga instructors practitioner is required to follow all VHA guidelines and policies surrounding patient care. Comment by Hanczyk, Carmen C.: What is IHP?

Deliverables: The Contracted yoga instructors Movement Therapy instructors must be present no more than thirty (30) minutes prior to the start of each session, stay thirty (30) minutes after each session to allow for set up and clean up after class. Contracted yoga instructors Each instructor must create a safe environment of healing and restoration for Veterans. The time allotted should include preparation and introduction to the service. The contracted yoga instructors instructor should also be able to demonstrate an understanding of VHA guidelines and policies,andpolicies, and adhere to guidelines set forth by the integrated health IHPplan IHP. Comment by Hanczyk, Carmen C.: What is IHP?

Contracted yoga instructors Instructors will inform VA immediately of any equipment that needs repaired or replaced. Contracted yoga instructors Instructors will immediately remove any equipment that may cause a potential harm to a Veteran and inform VA. Contracted yoga instructors Instructors will inform VA 30 days in advance of any supply needs.

Contracted yoga instructors Instructors will access the VA through employee entrances and will only park in employee approved parking spots.

Contracted yoga instructors Instructors will follow all VHA rules and regulation while on VA property.

h. Contracted yoga instructors Instructors will provide information to LVAHCS provider needed for documentation in CPRS. In addition to required information, the instructor should inform LVAHCS provider of any pertains changes.

4. Quality of Service The contracted yoga instructors contracted instructors will be responsible for providing qualified, courteous and efficient services as noted above. Contracted yoga instructors Instructors who are unable to keep appointments due, to illness, injury or other unforeseen circumstances will inform the LVAHCS at least 2 hours prior to start of class. Contracted yoga instructors Contracted instructors will inform LVAHCS at 60 days in advance of any planned vacation. Any concerns related to quality of services or contracted yoga instructors practitioners will be handled between the contracting organization and the Whole Health Program Manager, in a fashion acceptable to the contractor and LVAHCS staff.

5. Government-furnished Equipment.

The Government will furnish all supplies and equipment.10-1-2027 – 9-30-2028

6. Access to Services Services will be provided as determined by the IHP and contracting organization and provisions noted above.

Per VA Acquisition Regulation (VAAR) 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED BENEFICIARIES (APR 1984): Contracted yoga instructors Contractor agrees to provide all services specified in this contract for any person determined eligible by the Under Secretary for Health, or designee, regardless of race, color, religion, sex, or national origin of the person for whom such services are ordered. Contracted yoga instructors Contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.

7. HIPAA Compliance Contracted yoga instructors Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of HealthHealth, and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). The VA Central Office, Washington DC, has determined medical services provided under Veterans Benefits Administration (VBA) do not require a Business Associate Agreement (BAA) from contractors providing healthcare services on VA’s behalf.

8. Information Security Contracted yoga instructors Contractor will comply with all applicable Information Security policies including, but not limited to, completing required training, signing and abiding by the ‘Rules of Behavior’, completing any security background checks as requested by VA and maintaining the security of sensitive information per VA regulations.

9. Payment of Services.

Contracted yoga instructorsInstructors will be paid an hourly rate. Contracted yoga instructor Instructor will be paid for the 30 minutes prior to the class, the one hourone- hour yoga class being taught and for the 30 minutes after the class. For a total of two (2) hours per class. There will be a total of two (2) classes per week. .