36C25621Q1854.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

N/A

36C25621Q1854 09-22-2021

Alan Scanio 713-449-7720 09-27-2021

10:00 AM CDT

36C256 Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center 2002 Holcombe BLVD Houston TX 77030 4298

X

611699

N/A

36C256

Department of Veterans Affairs Michael E. DeBakey VA Medical Center Receiving Warehouse Building 100 2002 Holcombe BLVD Houston TX 77030-4298

36C256

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center

Houston TX 77030 4298

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

1-877-489-6135

See CONTINUATION Page

MEDVAMC BPA for Yoga Therapy and Yoga Instruction in accordance with the SOW herein.

BPA Ordering period will be one base year and 1 one-year option.

Use section B "PRICE/COST SCHEDULE" to provide prices.

Questions must be submitted by 09/24/2021 at 10:00am Central Standard Time.

RFQ Responses are due by 09/27/2021 at 10:00am Central Standard Time via e-mail to alan.scanio@va.gov.

See CONTINUATION Page

36C25621Q1854

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

B.2 TERMS AND CONDITIONS

B.3 ADMINISTRATIVE DATA

B.4 PRICING

B.5 GENERAL SERVICES ORDERS

B.6 NONPERSONAL SERVICES

B.7 AUTHORIZED LIMITS

B.8 OBLIGATION OF FUNDS

B.9 PERIOD OF PERFORMANCE

B.10 AUTHORIZED INDIVIDUALS

B.11 ORDER FORMAT

B.12 AUTHORIZED REPRESENTATIVES

B.13 FEDERAL HOLIDAYS

B.14 PROHIBIT ACTIVITIES

B.15 INVOICES

B.16 PRECEDENCE

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.3 IT CONTRACT SECURITY

C.4 OPTION TO EXTEND THE TERM OF THE BPA

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

C.7 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (JUL 2021) 53

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

PERFORMANCE WORK STATEMENT

Yoga Therapy and Yoga Instruction

1. DESCRIPTION OF SERVICES:

The contractor shall provide yoga instruction for wellness to Veteran and employees, and yoga therapy to patient populations of Veterans, at the Michael E. DeBakey VA Medical Center (MEDVAMC). Contractor’s personnel shall perform services via video teleconference (VTC) and shall be available to perform services on-site, to include the main facility and surrounding Community Based Outpatient Clinics (CBOCs) at the discretion of the Government. Classes performed on-site shall also be transmitted virtually for Veterans to participate from home. Contractor shall provide all access to the necessary resources to accomplish two-way, interactive, virtual platforms to offer online classes of live yoga. VA will provide equipment and permissions to access the VA server for documentation in the patient record. Contractor may opt to conduct virtual classes using the VA videoconferencing platform for Veteran services, VA Video Connect (VVC), or may opt to use a different videoconferencing platform.

The parties agree that contract personnel shall not be considered VA employees for any purpose and Contractor’s personnel will not perform any supervisory duties during the term of the contract. Only those services specified herein are authorized. Changes to the contract are not authorized unless in writing by the Contracting Officer.

The contractor shall provide a point of contact with which the Contracting Officer’s Representative (COR) or Whole Health Clinical Director can coordinate and report problems between the hours of 8:00 AM to 8:00 PM Monday through Friday excluding holidays, and between the hours of 8:00 AM to 5:00 PM on weekends. During normal administrative hours (8:00 AM to 4:30 PM Monday through Friday excluding holidays), the Contractor shall coordinate with and report any problems to the COR. Outside of these hours, the Contractor shall coordinate with and report any problems to the Whole Health Clinical Director.

1.1 BASIC SERVICES

POSITION DUTIES AND RESPONSIBILITIES:

a. Yoga Therapist: Yoga therapists shall be certified through a program accredited by the International Association of Yoga Therapists (IAYT). IAYT yoga therapists obtain comprehensive training across a variety of medical contexts including diabetes, heart disease, trauma, pain, and prenatal care. The Yoga Instructor shall have a minimum of 1 year of experience in providing these services within the last three years. The yoga therapist shall utilize this specialized knowledge to provide yoga therapy that is supportive of, and sensitive to, the clinical needs of the following patient populations.

Pregnant Veterans. Prenatal yoga therapy shall be performed in accordance with the standards of the IAYT to pregnant Veterans as part of the Whole Health Maternity Care program. Specific duties include:

(1) The contractor shall provide three weekly live, virtual sessions of pre-natal yoga via VTC through telehealth using the secure VA server or on-site as indicated by the COR. Sessions shall last 50 minutes. The contractor shall tailor one session to Veterans in their first trimester.

The contractor shall tailor one session to Veterans in their second trimester. The contractor shall tailor one session to Veterans in their third trimester. Yoga sessions shall include approximately 40 minutes of active practice. The remaining 10 minutes shall be dedicated to allowing time for the therapist to check in with patients in a group format, provide informal education and answer questions about the yoga practice, and obtain any patient updates relevant to their participation in prenatal yoga.

(2) The contractor shall create recorded videos of each weekly prenatal yoga practice (one each for first, second, and third trimester), to be made available for Veterans to use for independent practice between live virtual yoga practice sessions. These videos will be stored by the contractor and provided to the COR at the end of this Contract.

The contractor will make the videos available to Veterans through a video-on-demand platform of the Contractor’s choice. Videos shall not contain any reference to individual patients or disclose any individually identifiable or protected health information.

Veterans with Post-Traumatic Stress Disorder. Trauma-informed yoga therapy shall be performed in accordance with the standards of IAYT to Veterans with a history of trauma as part of the PTSD Clinical Team clinic. Specific duties include providing one 60-minute trauma-sensitive yoga class per week during regular business hours. Yoga sessions shall include approximately 45 minutes of active practice. The remaining 15 minutes shall be dedicated to allowing time for the therapist to check in with patients in a group format, provide education and answer questions about the yoga practice, and obtain any patient updates relevant to their participation in trauma-informed yoga therapy.

Veterans with Headaches. Individualized yoga therapy will be performed in accordance with the standards of IAYT to Veterans with chronic headaches as part of the Integrative Headache Clinic in Neurology. Specific duties include staffing for one yoga therapist at the IHC, 8:00 am to 4:30 pm, 2 days per week.

During these days, the yoga therapist will provide 60-minute sessions of one-on-one yoga therapy, including education on benefits of yoga for headache, and instruction in yoga practices specific to the medical needs of the individual Veteran. The therapist will also participate in clinical team meetings and curbside consultation with the headache clinic team as needed during their days at the clinic.

b. Yoga Instructor: Yoga instructors will have completed a 200-hour yoga teacher training course and registered with Yoga Alliance as a Registered Yoga Teacher. The Contractor shall provide a certificate of completion for this training prior to the Yoga Instructor commencing work. Yoga instructors shall utilize their knowledge of yoga for wellness, as well as general knowledge of safety for yoga in the context of common medical conditions, to provide live streaming vinyasa yoga instruction to MEDVAMC Veterans and employees. The COR will provide the yoga instructors with administrative oversight during their tour of duty. The Yoga Instructor shall have a minimum of 1 year of experience in providing these services within the last three years.

More specific duties and responsibilities of the yoga instructor are described below:

(1) Yoga instruction for Veterans shall be provided five times per week in 60-minute classes. Two classes shall be provided during regular administrative hours, 8:00 am to 4:30 pm. Two classes shall be provided in the evenings, between the hours of 5:00 pm and 8:00 pm. One class shall be provided on the weekend between the hours of 8:00 pm and 5:00 pm.

(2) Yoga for MEDVAMC employees will be provided four times per week. One 60-minute class shall be provided in the morning from 6:00 am to 7:00 am. Two 30-minute classes shall be provided at midday, from 12:00 pm to 12:30 pm. One 60-minute class shall be provided in the evening between the hours of 5:30 pm and 8:00 pm.

(3) Additionally, a yoga instructor or therapist will provide two 60-minute webinars to

MEDVAMC staff on the topics of well-being, workplace stress/burnout, and benefits of yoga for health and well-being.

c. For Yoga Instructors and Yoga Therapists: All contract personnel providing yoga services will observe the following responsibilities:

(1) Maintain patient confidentiality and a safe patient care environment, including treating only patients whose physical activity readiness screening indicates readiness for at least moderate physical activity, and use of yoga practices demonstrated to be safe for individuals in generally good health.

(2) The contractor shall provide patient-centered care by performing the following:

• prior to initial participation, obtain screening of Veteran’s capacity for physical activity (e.g. using the Physical Activity Readiness Questionnaire or PAR-Q) and informed consent for participation; screenings and consents will be administered by and stored with the contracting organization

• adapt yoga protocols to match Veteran’s ability and, in the case of yoga therapy, to support Veteran’s medical needs

• educate Veterans regarding health benefits associated with yoga

• collect and document pertinent data into the Veteran’s electronic medical record within required time frames

(encounter entered same day as visit; note completed within 2 days of visit)

• verify Veterans’ location at the start of each virtual session (location may be obtained at initial visit, and Veterans may be asked to notify instructor in subsequent sessions if their location has changed)

• in the event of a medical emergency incapacitating the Veteran, contact emergency services on the Veteran’s behalf to be dispatched to their location

(3) Contractor personnel shall, at all times, conduct themselves in a professional manner treating patient/residents, visitors, and staff in a courteous manner.

Sustained allegations of patient/resident or coworker abuse, both verbally or physically, will result in immediate removal from the MEDVAMC, and will also be reported to the Contracting Officer. These incidents may result in that contractor employee not being eligible for continued contract performance with the MEDVAMC.

(4) Contractor’s personnel will abide by the MEDVAMC Code of Ethical

Behavior and Practice (MCP No. 11-012).

(5) Dress apparel: Contractor personnel shall be required to dress in a professional manner and in accordance with MEDVAMC Medical Center Policy Memorandum No. 05-004, “Dress Code.” Given the nature of the work, exceptions will be made for parts b.1, b.3, b.4, and c.2. Exercise attire and tank tops are permitted as these are part of typical appropriate yoga attire.

d. Yoga Supervisor/Point of Contact: The contractor shall designate a supervisory Point of Contact (POC) who shall be responsible for overall performance of the work under this contract and shall have full authority to act for the Contractor on all matters relating to daily operation. The POC will have completed training in yoga instruction and yoga therapy consistent with IAYT standards, such that the POC will be qualified to assure the quality of services provided by contract personnel. The Yoga Supervisor shall have a minimum of 5 years’ experience providing these services within the last eight years.

e. Estimated class quantities

Sessions per year Wellness for Veterans (60min) 260 Wellness for Employees (60min) 104 Wellness for Employees (30min) 104 Pregnant Veterans (60min) 156 PTSD Veterans (60min) 52 Veterans with Headaches (60min) 832

Videos per year

Material Creation (Video) 156

Webinars per year Educational webinar (60min) 2

1.2 QUALIFICATIONS/KNOWLEDGE SKILLS:

The contractor shall ensure that all contract personnel have met the qualifying criteria outlined in this section. Personnel assigned by the contractor to perform the services covered by this contract shall have a current unrestricted license from a State, Territory or Commonwealth of the United States or the District of Columbia. Personnel shall be proficient in spoken and written English. Personnel shall be graduates of a professional, accredited IAYT yoga therapy training program.

Contract personnel will be required to provide and maintain current IAYT and/or Yoga Instructor certifications, proof of a negative tuberculosis test within the past 12 months, pre-employment drug screening, and Basic Life Support (BLS) certification. Contractor shall provide proof of updated certifications with their quote by the solicitation due date. The contractor shall also provide proof of updated certifications to the COR prior to being scheduled for MEDVAMC required training. Contractor shall also provide proof of updated certifications to the COR or designated individual throughout contract performance prior to their expiration. Individuals must meet physical requirements to perform yoga instruction or therapy without physical restrictions. Personnel must also have a working knowledge and basic skills in the use of personal computers (PC).

Contract personnel are required to be credentialed through VetPro.

Evidence of completion of required credentials, required training, current competencies and initiation of background investigations must be validated for all contractor personnel referred to perform services under this contract prior to providing direct patient care.

Ultimately, the decision to accept or reject contract staff rests with the VA. Contractor shall not have any personnel report to duty until written notification is received from the Contracting Officer advising that the candidate(s) presented has met all requirements for contract performance.

2. SCHEDULING:

The VA reserves the right to cancel or change any scheduled class of any contract personnel with at least a two-hour notice to the contractor prior to cancellation of a class, at no cost to the VA. If the VA fails to provide two-hour advance notice, the contractor may invoice for the scheduled yoga class as if it was performed.

The contractor shall notify the COR for any cancellations or changes in scheduling.

The contractor shall provide the name of the replacement provider, if one can be identified and approved within the contract requirements prior to performing on this contract. The contractor shall provide notification of cancellations at least one business day prior to the beginning of a scheduled class. If the Contractor fails to provide required notification and/or provide replacement personnel to perform the services within the time specified in this contract, the COR will record the event with a Contract Deficiency Report. Repeated cancellations or schedule changes, even if provided within one business day shall be recorded on the contractor’s performance with a contract deficiency report.

3. TOUR OF DUTY:

The contractor shall be logged in remotely to the VA server or on-site as indicated by the COR at least 5 minutes prior to the start of scheduled classes or clinic shifts, throughout the duration of scheduled classes/shifts, and actually be performing required services. Contractor will be notified and required to have back-up plan to provide needed staff in the event of a no-show. A no-show is defined as the contract employee not being in place at the scheduled start time. The scheduling, tracking and compensation of personnel in accordance with State or Federal Law is the sole responsibility of the Contractor.

Services shall be performed between the hours of 6:00 AM and 8:00 PM as detailed in #1 above, on both weekdays and weekends, excluding Federal holidays. Any scheduled work at the Government site shall not take place on Federal holidays unless directed by the Contracting Officer (CO). VA follows all Federal holidays that are set by law (USC Title 5 Section 6103).

The Contractor shall provide and maintain a class schedule that specifies the day of the week and time of each class within the parameters specified in section entitled “BASIC

SERVICES POSITION DUTIES AND RESPONSIBILITIES”.

The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:

New Year's Day January 1 Martin Luther King's Birthday Third Monday in January President's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Christmas December 25

In addition to the days designated as holidays, the Government observes the following days:

1. Any other day designated by Executive Order;

2. Any other day designated by the President’s Proclamation; and

3. Any other day designated by Federal Statute.

4. MEDVAMC CONDUCTED TRAINING REQUIREMENTS:

The contractor’s personnel shall attend the following training classes provided by MEDVAMC prior to reporting for duty.

- CPRS (Computerized Patient Record System) (est. 4 hrs.)

- VA Privacy and Information Security Awareness and Rules of Behavior

- Privacy and HIPAA Training

MEDVAMC CONDUCTED TRAINING REQUIREMENTS WILL BE AT THE

CONTRACTOR’S EXPENSE.

Former MEDVAMC employees who have separated from the facility within the previous 6 months will not be required to complete the orientation process prior to being eligible for scheduled shifts.

5. CONTRACTOR’S RESPONSIBILITY:

The contractor shall designate a Point of Contact (POC) who shall be responsible for overall performance of the work under this contract and shall have full authority to act for the Contractor on all matters relating to daily operation. The POC’s name and contact information shall be provided to both the Contracting Officer and the COR. The POC or designated alternate shall respond to calls from the COR within 60 minutes during normal administrative hours, 8:00 AM to 4:30 PM Monday through Friday excluding holidays for calls concerning personnel staffing problems or other issues requiring immediate attention.

Contractor shall provide scheduled services throughout the agreement period. The Contractor shall report any problems that occur outside normal administrative hours to the House Supervisor. The Contractor shall, in writing, keep the Contracting Officer informed of any unusual circumstances in conjunction with the contract.

The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract. Contractor’s personnel shall not be considered VA employees for any purpose.

The Contractor shall provide the following to MEDVAMC: immediate notification of any pending or previous actions filed against an individual with the State Board, inquiry to the National Practitioner Data Bank, and the VA required Background Investigations. The contractor shall provide to MEDVAMC the information for agency 6-part folders that will include an Annual Appraisal form from the Contractor, licensure verification, proof of negative Tuberculosis (TB) and pre-employment drug screen within the past 12 months, current BLS, initial competency/skills checklist assessment, and training/education information.

The Contractor shall complete the “TMS Privacy and HIPAA Focused Training” and “VA Privacy and Information Security Awareness and Rules of Behavior”.

The Contractor shall complete the following online documents, eQUIP, Credentialing & Privileging worksheet, and VETPro.

The Contractor shall be held to the same performance and conduct standards as MEDVAMC employees.

6. TERM OF THE CONTRACT:

The performance period will be for 12 months from the effective date of award with one 12-month optional period.

• Base: 09/28/2021-09/27-2022

• Option 1: 09/28/2022-09/27-2023

7. QUALITY ASSESSMENT

The COR will be responsible for handling service-related documentation such as time and attendance logs, sign in/sign out sheets and service tickets that verify services called for under the contract have been received by MEDVAMC. The COR shall ensure that proper invoices are certified for payment in a timely fashion.

COR will notify the Contracting Officer (CO) of any contract non-compliance immediately upon gaining knowledge of any such incident. The COR will use the Contract Discrepancy Report (CDR) form to document any problems that may arise during the term of the contract. The CDR along with any other backup documentation will be forwarded to the CO. The CO will then notify the contractor. Further, the COR will maintain copies of all the above-mentioned documents.

The COR cannot make changes to the agreement, direct Contractor’s work, or obligate the Government in any way.

8. CONFLICT OF INTEREST

a. Under the performance of this contract, a Government employee who is employed by the contractor is prohibited from participating personally and substantially on behalf of the Government through decision, approval, disapproval, recommendation, rendering of advice, certifying for payment or otherwise in that contract. No VA employee who is an employee, director or trustee of an affiliated university or who has a financial interest in the contract may lawfully participate in a VA contract or any other Government contract with the contractor.

b. In relation to the contract monitoring procedures a Government employee who is also employed by the contractor may not certify bills for payment. An employee who is not an employee, officer, director or trustee of the contractor and who does not have a financial interest in the contract shall perform this duty.

9. LIABILITY INSURANCE REQUIREMENTS:

The Contractor will be required to carry the following types and amount of insurance through the contract period:

• General Liability $1,000,000 per occurrence

• Professional Liability $2,000,000 aggregate

• Online Teaching Coverage

10. BADGES AND PARKING:

All contractor personnel shall be sponsored by an official VA Personal Identity Verification (PIV) sponsor (HR Representative, Contracting Officer Representative, or Program Director) to be issued a VA PIV credential for access to the VA network. All contractor personnel shall wear their PIV card during the entire time they are on the VA grounds.

Contractor personnel shall park in appropriately designated parking areas and must use their PIV card for access into the parking lot/garage. Parking information is available from the MEDVAMC Police. MEDVAMC will not invalidate or make reimbursement for parking violations issued to Contractor’s personnel under any circumstances.

11. PAYMENT:

Payment shall be made for actual services performed in accordance with the contract.

The contractor must be present at the VA facility, or logged in remotely to the VA server at least 5 minutes prior to the start of the class and must be performing the services required of a yoga therapist to be eligible for payment. A record keeping system of services performed shall be established by the contractor and submitted to the COR, which shall include at a minimum sign-in/out sheets. Failure to sign-in, sign-out and provide signed service tickets shall result in nonpayment for those specified services. In the event those services are later confirmed as performed by the COR, the contractor shall be cited with a Contract Deficiency Report for failure to follow the scheduling requirements. The contractor shall present a “service ticket” to the appropriate VA authority (COR) for each tour of duty showing the individual name, date, work performed. The contractor and COR shall sign and retain a copy for verification and payment purposes.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website:

http://www.tungstennetwork.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

Invoices must be itemized to include the following information:

Time period being invoiced Description of services Unit cost billed Extended amount due Invoice number, date and Order and obligation numbers.

Payment shall be made after the COR certifies that services identified within the billing period have been performed.

12. PROCEDURES FOR OIM/COMPUTER ACCESS:

Access requirements to VA information systems by Contract personnel shall meet or exceed those requirements established for personnel as described in VHA Directives provided by Information Security. A written and signed request for user access by VHA Management, or designee(s), constitutes management approval (sponsorship) to initiate a request for access to any sensitive automated information system. Access shall be granted to non-VA users only if the purpose for access meets criteria of the Privacy Act and VA Confidentiality regulations and transfer. To obtain access, the contractor must submit a written request with an original signature to VA Mental Health Care Line (MHCL) office fourteen (14) days prior to the orientation assignment.

MEDVAMC will provide the VA form, ADP Security Notice & Request for Access.

Contract personnel must complete VetPro process, be fingerprinted, and Background Investigation forms submitted as part of the Background Investigation requirement.

Contract personnel will be required to sign-on before starting work under this contract and abide by the VA Computer Access Security Agreement and Confidentiality Agreement.

In the performance of official duties, the Contract personnel has regular access to printed and electronic files containing sensitive information, which must be protected under the provisions of the Privacy Act of 1974, HIPAA, and other applicable laws and regulations. The employee is responsible for (1) protecting that information from unauthorized release or from loss, alteration or unauthorized deletion, and (2) following applicable regulations and instructions regarding access to computerized files, release of access codes, etc. and (3) completing mandatory education regarding privacy and security as required by VA. Talent Management System (TMS) courses “Privacy and HIPAA Focused Training” and “VA Privacy and Information Security Awareness and Rules of Behavior” are required prior to agency nurse orientation.

Courses will be accessed via the internet. Certificates of completion shall be sent to the COR. Inappropriate usage of VA computer systems (as defined in the user access agreement) will constitute grounds for (at the least) terminating access for that person and (at the most) termination of the entire contract.

Inactive accounts for 90 days are automatically flagged by VistA and require action by OIT to remove the flag before the user can log back into the system. Accounts that are inactive for 6 months are “terminated.” If this occurs, one must go through the process of requesting access as described above before access will be reinstated.

13. CONFIDENTIALITY/PRIVACY ACT:

The Contractor understands and agrees that the information in the medical records of all patients is confidential. Strict confidentiality shall be maintained, Rules of Confidentiality shall be conformed with in accordance with 38 U.S.C. 3301, 38 U.S.C.

4132, 5 U.S.C. 552(a) et.seq. The Contractor and its personnel shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information from the authorizing VA Medical Centers, shall be subject to the full extent of the law.

SPECIAL CONTRACT REQUIREMENTS --

14. BACKGROUND INVESTIGATION REQUIREMENT:

CONTRACTOR PERSONNEL SECURITY REQUIREMENTS: All contract employees who require access to the Department of Veterans Affairs computer systems shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement shall be applicable to all subcontractor personnel requiring the same access. The contractor shall be responsible for obtaining the background investigation prior to the start of the contract.

a. Position Sensitivity – The position sensitivity/risk level has been designated as Non- sensitive/Low Risk.

b. Background investigation – The level of background investigation commensurate with the required level of access is Minimum.

c. Contractor Responsibilities

(1) The contractor shall bear the expense of obtaining background investigation commensurate with the required level of access is Minimum.

(2) The contractor shall pre-screen all personnel requiring access to the computer systems to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.

The contractor shall submit or have their employees submit the following required forms to the VA Office of Security and Law Enforcement within three days of receipt of contract award:

Fingerprints (can be performed at MEDVAMC) Contract Security Services Request Forms 2 and 3

(3) The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

(4) Failure to comply with contractor personnel security requirements may result in termination of the contract for default.

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

260.00 SS _______________

Wellness for Veterans (60min) per session (SS) Contract Period: Base POP Begin: 09-28-2021 POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction PRODUCT/SERVICE CODE: U099 - Education/Training - Other

104.00 SS _______________

Wellness for Employees (60min) Contract Period: Base POP Begin: 09-28-2021 POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

Wellness for Employees (30min) Contract Period: Base POP Begin: 09-28-2021 POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

156.00 SS _______________

Pregnant Veterans (60min) Contract Period: Base POP Begin: 09-28-2021

POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

52.00 SS _______________

PTSD Veterans (60min) Contract Period: Base POP Begin: 09-28-2021 POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

832.00 SS _______________

Veterans with Headaches (60min) Contract Period: Base POP Begin: 09-28-2021 POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

156.00 EA _______________

Material Creation (Video) Contract Period: Base POP Begin: 09-28-2021 POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

2.00 EA _______________

Educational webinar (60min) Contract Period: Base POP Begin: 09-28-2021 POP End: 09-27-2022 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

260.00 SS _______________

Wellness for Veterans (60min) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

Wellness for Employees (60min) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

Wellness for Employees (30min) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

156.00 SS _______________

Pregnant Veterans (60min) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

52.00 SS _______________

PTSD Veterans (60min) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

832.00 SS _______________

Veterans with Headaches (60min) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

156.00 EA _______________

Material Creation (Video) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

2.00 EA _______________

Educational webinar (60min) Contract Period: Option 1 POP Begin: 09-28-2022 POP End: 09-27-2023 PRINCIPAL NAICS CODE: 611699 - All Other Miscellaneous Schools and Instruction

GRAND TOTAL _______________

For purposes of award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows: The evaluation will consider the possibility that the option can be exercised at any time and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be those rates in effect under the contract each time an option is exercised under this clause. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

B.2 TERMS AND CONDITIONS

The Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH the Department of Veterans Affairs:

B.3 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

DUNS NUMBER:

Cognizant Office (Include complete address):

Department of Veterans Affairs

Network Contracting Office 16

Michael E. DeBakey VA Medical Center

2002 Holcombe BLVD

Houston TX 77030 4298

B.4 PRICING

Contract Services as listed below, with associated pricing, can be ordered under this BPA.

The Contractor shall be allowed to vary within the categories for successful and efficient task completion not to exceed funded values of each order awarded under this agreement. As proposed, the Contractor will apply applicable extended/tier pricing to all categories used in the performance of orders issued under this Agreement. Orders may be awarded on a basis only.

All Calls/Orders placed against this BPA are subject to the terms and conditions of the referenced BPA, the Contractor's proposal and this Agreement, except where noted below.

Contractor's proposal dated is hereby referenced.

B.5 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.6 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees.

It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.7 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach /per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at over the period covered by the Agreement; this ceiling is also not a guarantee. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.9 PERIOD OF PERFORMANCE

This BPA expires on or such later ending date as determined by the exercise of any option.

B.10 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

B.11 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

B.12 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Department of Veterans Affairs Network Contracting Office 16 Michael E. DeBakey VA Medical Center

Houston, TX 77030 4298

TBD

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

COR for this Agreement is:

TBD After award

The Secondary Contracting Officer's Representative (COR) for projects under this Agreement is:

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

B.13 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

New Year’s Day Labor Day Birthday of Martin Luther King, Jr. Columbus Day Washington’s Birthday Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

B.14 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for Yoga Therapy/Instruction services, whether to be acquired by future orders under the MEDVAMC Wellness program, or by any other contract action at Department of Veterans Affairs;

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for Yoga Therapy/Instruction services or any other supplies or services;

(c) formulation of "best value" criteria, acquisition plans, solicitations or strategies for the purchase of Yoga Therapy/Instruction-like services;

(d) preparation of documentation for future orders for Yoga Therapy/Instruction services.

B.15 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officer (CO) for review and signature. When the CO receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction. The Contracting Officer will then forward the signed invoice to the Chief Financial Officer (CFO) for payment. Final payment for each order will be accomplished by final invoice accompanied by a receiving report.

b. An itemized invoice shall be submitted to the CO at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period and for which payment has not been received. Copies of delivery tickets shall support these invoices.

"Approved-for-payment" invoices will be submitted to the payment address specified on each individual order issued under this BPA.

B.16 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference.