PWS - Updated 9-18-24.pdf

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FOR VIRTUAL FITNESS STREAMING PLATFORM SERVICES

Updated 9/18/24

1. GENERAL OVERVIEW

a. The Dayton VA Medical Center seeks to purchase a virtual fitness, health, and wellness service in support of its Employee Whole Health Program.

b. Building and resourcing an Employee Whole Health Program is a communicated priority for each VA medical center facility.

c. The virtual fitness, health, and wellness service addresses gaps in the Dayton VA Employee Whole Health Program by offering health support and training to telework, Community Based Outpatient Clinic, and off-tour employees, as well as all employees and Veterans at the Dayton VA.

d. The virtual fitness, health, and wellness service will assist in expanding virtual self-care options decreases the need for after hours virtual Complementary and Integrative Health (CIH) clinics. These self-care services align with the intent of Veteran Health Administration (VHA) Directive 1137: Provision of Complementary and Integrative Health (CIH).

2. DEFINITIONS AND ACRONYMS

a. Veterans Integrated Service Network: VISN

b. FY: Fiscal Year

c. IT: Information Technology

3. PLACE OF PERFORMANCE

a. This live-streaming virtual service can be physically accessed anywhere using any device with internet connectivity.

4. PERIOD OF PERFORMANCE AND SCHEDULE

a. Contract period of performance dates:

i. Base Period: September 30, 2024 – September 29, 2025

ii. Option Period I: September 30, 2025 – September 29, 2026

iii. Option Period II: September 30, 2026 – September 29, 2027

b. The virtual streaming service will be available 24 hours a day to any active Dayton VA employee and Veteran.

5. EQUIPMENT LIST

a. Not applicable. All services are virtual in nature with no equipment purchases necessary.

6. CONTRACTOR REQUIREMENTS

a. Will supply and maintain a comprehensive virtual platform for fitness, nutrition, and mindfulness education.

1. Classes for Veterans

2. Classes for Women

3. Classes for Women Veterans

4. Classes for Mindbody

5. Classes for Fitness

b. Responsible for ensuring the consistent functioning of all virtual static content, streaming content, and end-user customizable features.

1. Including the following disciplines

a. Kickboxing

b. HIIT

c. Cycle

d. Hi/Lo

e. Cardio Core

f. Yoga (multiple forms)

g. tai chi

h. mediation/ mindfulness

i. qi gong

j. barre

c. Contractor shall offer at least 8 virtual classes per day Monday through Friday and at least 4 classes per day Saturday and Sunday. Classes shall be available at a variety of times, day and night, to maximize accessibility for those who may work alternate shifts. Will ensure consistent on-demand accessibility to the services via web-based and phone application portals.

d. Will provide a library of marketing and communication materials (i.e., promotional flyers, videos,) for Dayton VA distribution and promotion. This includes logo files which may be customized by the Dayton VA, as well as monthly marketing campaigns that the Dayton VA may use to encourage employee usage of the service.

e. Will provide a “kick-off” meeting prior to launching the service, and will review (a) technical aspects of the service, (b) customizable promotional campaign, and (c) client marketing resources.

f. Will provide the following products:

i. Monthly campaign promotions

ii. Toolkits: Launch, Administrator, Welcome, Programs, Open Enrollment and Benefits, Incentive Program, Virtual Group

iii. How-To Guides for end-users

iv. Monthly client newsletter

v. Monthly reports outlining aggregate data (i.e., participant usage trends)

g. Communication will occur no less than weekly during launch (expected duration 2-3 weeks), then no less than monthly thereafter. Will host an annual program review and planning meeting.

h. Will offer technology support and assistance to the Dayton VA points of contact, as well as the end-users, including troubleshooting.

7. REPORTING REQUIREMENTS

a. Will send a monthly report via email outlining participant usage data with the following metrics at a minimum: (User Engagement Rates, Number of Active users, Session Duration, and Class Completion Rates).

b. On an annual basis, will send a summary report via email, and will conduct a program review and planning meeting with Dayton VA points of contact.

8. GENERAL REQUIREMENTS

a. It shall be understood that, throughout performance of the contract, should the contractor or associated Dayton VA points of contact recognize a breach of terms of this agreement, this will be communicated and the contractor will make all reasonable attempts to resolve the problem.

9. QUALITY CONTROL AND QUALITY ASSURANCE FOR CONTRACT SERVICE:

The contractor shall be responsible for effective implementation of their Quality Control Program, and shall be responsive to the requirements of the Government’s Quality Assurance Plan conducted by the Site POC and/or

CO.

Quality Control. The contractor shall have a Quality Control program to assure that the requirements of the contract are provided as specified. One copy of the Contractor’s basic Quality Control Program shall be submitted for approval by the COR. Subsequent changes to the approved Quality Control Program must also be reviewed and approved by the COR with final approval by the Contracting officer. The program shall include, but not be limited to the following.

An inspection system covering the performance indicators given in the Quality Assurance/Performance Requirements table below.

A method for identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable.

A file of all quality control inspections inspection results, and any corrective action required shall be maintained by the Contractor throughout the duration of this contract. This file shall be the property of the Government and shall be available to the COR during normal working hours. The file shall be turned over to the Government within 14 days of completion of termination of the contract.

QASP: A (Quality Assurance Surveillance Plan (QASP) has been developed for in-house operations or to implement a service contract. It is designed to aid the Government in providing effective and systematic surveillance of all aspects of document and media destruction. This plan provides for monitoring all contract requirements through a combination of methods. These are:

• Check in at all locations using hospital tracking system (if applicable).

• Furnishing reports including User Engagement Rates, Number of Active users, Session

Duration, and Class Completion Rates.

• Random observation

• Client/Customer Complaints

• Surveillance Activity Checklist

The contractor shall be responsible for furnishing comprehensive details regarding program usage including but not limited to User Engagement Rates, Active Users, Session Duration(s), and Class Completion Rates in the form of a monthly reports. This information will be delivered via email to identified Government officials in the role of the site POC. Alternate Site POC or the contracting officer if Site POC is not available. This data is required to be submitted simultaneously with the invoicing for the preceding month.

The QASP is a “living document” and the Government may review and revise it on a regular basis.

However, the Government shall coordinate changes with the contractor. Updates shall ensure that the QASP remains a valid, useful, and enforceable document. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

The objective of this surveillance plan is to evaluate how the Government or contractor is performing in key areas. We are primarily interested in the final product or service being provided and not the details of the accomplishment.

QUALITY ASSURANCE / PERFORMANCE REQUIREMENTS STANDARDS

mailto:VHACINEMSAdministrator@va.gov

PERFORMANCE MONITORING:

The government will periodically evaluate the contractor's performance by appointing representative(s) from serviced facilities to monitor performance to ensure services are received.

The government representative will evaluate the contractor's performance through intermittent observation and on-site inspections of the contractor's quality control program and receipt of complaints from facility personnel.

Performance Objective Standard Performance Threshold Method of Surveillance Incentive / Disincentive

PRS # 1.

The contractor shall provide all marketing materials and campaigns as stated in the PWS.

The Performance Work Statement (Section 6d, through 6h).

No more than two missed monthly deadlines per year of performance.

Site POC shall review monthly.

incentive: favorable performance review and use option years;

disincentive: A Contract Discrepancy Report (CDR) will be issued on the first instance of failure to provide the acceptable level of service and lead to possible termination of contract

PRS #2

The Contractor shall Adherence to government approved schedule.

The Performance Work Statement (Section 6a, 6b, and 6c).

No more than a 3% deviation.

Certified customer complaint and random sampling.

incentive: favorable performance review and use option years;

disincentive: A Contract Discrepancy Report (CDR) will be issued on the first instance of failure to provide the acceptable level of service and lead to possible termination of contract

PRS #3

Reporting metrics to the government monthly

Performance Work Statement (Section 7).

No more than 2 missed reporting deadlines during the year of performance

Reports submitted with monthly invoices will be viewed by Site POC.

incentive: favorable performance review and use option years;

disincentive: A Contract Discrepancy Report (CDR) will be issued on the first instance of failure to provide the acceptable level of service and lead to possible termination of contract

PRS #4

Performance Requirement

Department of Labor - Wage Determination Compliance

Shall submit confirmation of compliance with the current Department of Labor Wage Determination (WD) hourly rate if requested by the CO in writing within four (4) hours of request which may include an itemized list of the hourly rate being paid for employees performing services under this contract

The Contracting Officer (CO) will conduct random compliance checks with the contractor as necessary.

Satisfactory or better CPARS / Past Performance rating & Option Period Renewal

Routine collections and container movements will be observed by a government representative at random intervals no less than once per month.

The government representative will perform on-site inspections of the contractor's facility(s) no less than once annually. The government may increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections or because of repeated customer complaints. The government will also receive and investigate complaints from various customers located on the installation.

The contractor shall be responsible for initially validating customer complaints. However, the government representative shall make final determination of the validity of customer complaint(s) in cases of disagreement with customer(s).

ACCEPTABLE PERFORMANCE

The Government shall document positive performance. Any report may become a part of the supporting documentation for any contractual action.

UNACCEPTABLE PERFORMANCE

When unacceptable performance occurs, the Site POC shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the CO shall document the discussion and place it in the contract file.

a. When the CO determines formal written communication is required, the Site POC shall prepare a Contract Discrepancy Report (CDR) and present it to the Contracting officer to send to the contractor's program manager.

b. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor has to present this corrective action plan to the CO and Site POC. The Government shall review the contractor's corrective action plan to determine acceptability.

c. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

The Contractor shall appoint a point of contact that will have the responsibility to respond to customer needs in accordance with this contract. He/she will ensure emergent needs are appropriately addressed within 24 hours and non-emergent needs addressed within the normal delivery period specified by the contract. Facility POC’s are listed above.

10. SPECIAL CONTRACT REQUIREMENTS:

PER REVIEW OF VA HANDBOOK 6500.6, CONTRACT SECURITY, APPENDIX A- INFORMATION SECURITY AND

PRIVACY CHECKLIST:

• “The C&A requirements do not apply, and a Security Accreditation Package is not required.”

• Acquisition of this service does not involve the storage, generating, transmitting, or exchanging of VA sensitive information to the vendor

• There may exist exposure to VA sensitive information, to sensitive personal information (SPI) while implementing contractual services

MINIMUM STATUTORY REQUIREMENTS:

Prohibition on unauthorized disclosure: 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). See VA Handbook 6500.6, Appendix C, paragraph 3.a.

Requirement for data breach notification: Upon discovery 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, the contractor/subcontractor shall immediately and simultaneously notify the COR, the designated ISO, and Privacy Officer for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph 6.a

Requirement to pay liquidated damages in the event of a data breach: Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code.

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected.

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text.

(6) Amount of time the data has been out of VA control.

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons).

(8) Known misuses of data containing sensitive personal information, if any.

(9) Assessment of the potential harm to the affected individuals.

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate: and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification.

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports.

(3) Data breach analysis.

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution.

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs (see VA handbook 6500.6, appendix c, paragraph 7.a, 7.d)

11. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA) RECORDS MANAGEMENT LANGUAGE

FOR CONTRACTS

a. Citations to pertinent laws, codes and regulations such as 44 U.S.C. Chapter 21, 29, 31 and 33; Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

b. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

c. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government ‘IT’ equipment and/or Government records.

d. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

e. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

f. The Government Agency owns the rights to all data/records produced as part of this contract.

g. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

h. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

i. No disposition of documents will be allowed without the prior written consent of the Contracting Officer.

The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

j. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under or relating to this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

Federal law and regulations, including the Federal Acquisition Regulations (“FAR”), shall govern this Contract. Commercial license agreements may be made a part of this Contract but only if both parties expressly make them an addendum. If the commercial license agreement is not made an addendum, it shall not apply, govern, be a part of or have any effect whatsoever on the Contract; this includes, but is not limited to, any agreement embedded in the computer software (clickwrap) or any agreement that is otherwise delivered with or provided to the Government with the commercial computer software or documentation (shrinkwrap), or any other license agreement otherwise referred to in any document. If a commercial license agreement is made an addendum, only those provisions addressing data rights regarding the Government’s use, duplication and disclosure of data (e.g., restricted computer software) are included and made a part of this Contract, and only to the extent that those provisions are not duplicative or inconsistent with Federal law, Federal regulation, the incorporated FAR clauses and the provisions of this Contract, including other attached addenda; those provisions in the commercial license agreement that do not address data rights regarding the Government’s use, duplication and disclosure of data shall not be included or made a part of the Contract. Federal law and regulation, including without limitation, the Contract Disputes Act (41 U.S.C. §601-613), the Anti-Deficiency Act (31 U.S.C. §1341 et seq.), the Competition in Contracting Act (10 U.S.C. §2304), the Prompt Payment Act (31 U.S.C. §3901, et seq.) and FAR clauses 52.212-4, 52.227-14, 52.227-19 shall supersede, control and render ineffective any inconsistent, conflicting or duplicative provision in any commercial license agreement. In the event of conflict between this clause and any provision in the Contract or the commercial license agreement or elsewhere, the terms of this clause shall prevail. Claims of patent or copyright infringement brought against the Government as a party shall be defended by the U.S. Department of Justice (DOJ). 28 U.S.C. §

516. At the discretion of DOJ, the Contractor may be allowed reasonable participation in the defense of the litigation. Any additional changes to the Contract must be made by contract modification (Standard Form 30). Nothing in this Contract or any commercial license agreement shall be construed as a waiver of sovereign immunity.

This Contract is Firm Fixed Price (FFP). The Contractor is required to provide the software, media, software license, and software maintenance/upgrade and technical support services for the computer software identified below. Software maintenance includes periodic updates, enhancements and corrections to the software, and reasonable technical support, all of which are customarily provided by the Contractor to its customers. Distribution of maintenance copies shall be accomplished by using an appropriate magnetic, electronic or printed media.

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