36C25623Q0453 0001.pdf

Combined Synopsis/Solicitation Notice

*= Required Field Combined Synopsis/Solicitation Notice

SUBJECT* Massage Therapy Services

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 79936‐4221

SOLICITATION NUMBER* 36C25723Q0453

RESPONSE DATE/TIME/ZONE 04‐27‐2023 02:00 PM MOUNTAIN TIME, DENVER, USA

ARCHIVE 99 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET‐ASIDE SDVOSBC

PRODUCT SERVICE CODE* Q999

NAICS CODE* 621399

CONTRACTING OFFICE ADDRESS Department of Veterans Affairs

Regional Procurement Office West (RPOW) Network Contracting Office 17 (NCO17) 11495 Turner Road El Paso TX 79936‐4221

POINT OF CONTACT*

Contract Specialist Elsa Leilani Gomez elsa.gomez@va.gov (915)217‐1246

PLACE OF PERFORMANCE

ADDRESS

Dallas VA Medical Center 4500 S. Lancaster Road Dallas Texas

POSTAL CODE 75216

COUNTRY USA

ADDITIONAL INFORMATION

AGENCY’S URL https://www.va.gov URL DESCRIPTION VA Home page

AGENCY CONTACT’S EMAIL ADDRESS

EMAIL DESCRIPTION

DESCRIPTION

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

Solicitation Number: 36C257-23-Q-0453

The solicitation type: Request for Quotation (RFQ).

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 Effective Date 03/16/2023 and VAAR Update 2008-36 Effective Date 03/22/2023.

This combined synopsis/solicitation is issued as a Service-Disabled Veteran-Owned Small Business (SDVOSB) set-aside.

The associated NAICS code is 621399 Offices of All Other Miscellaneous Health Practitioners, and the small business size standard is $9 million.

A list of line-item number(s) and items, quantities, and units of measure (including option(s)) is included under section Price Schedule.

Description of services to be acquired for this contract action is provided in the Performance Work Statement (PWS).

The provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition. Addenda is included with the provision.

The provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, specific evaluation criteria to be included in paragraph (a) of that provision.

Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with their quote.

The clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition, as well as addenda to the clause.

The clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition, the additional FAR clauses cited in the clause are applicable to the acquisition.

The Defense Priorities and Allocations System (DPAS) and assigned rating, are not applicable to this action.

Offers are due By 02:00 PM on 04-27-2023. Responses to this RFQ shall be e-mailed to Elsa Gomez at elsa.gomez@va.gov. Telephone, mail, or fax responses to this RFQ will NOT be accepted.

For information regarding the solicitation contact Elsa Gomez at elsa.gomez@va.gov.

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

a. CONTRACTOR: (Offerors are required to designate a person for prompt contract administration):

Contractor Name: ___________________________________ Address: _______________________________________ Point of Contact: _______________________________________

Title: ____ ______ Phone: _______________________________________ Email: _______________________________________ Fax: ______

Tax Id Number: _______________________________________ Duns Number: _______________________________________

b. GOVERNMENT: The Contract Specialist for Administration (CS) named below is responsible for the overall administration of the contract.

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

[X] 52.232‐33, Payment by Electronic Funds Transfer—System For Award Management, or [] 52.232‐36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi‐Annually []

c. Other [X] Monthly in Arrears

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

http://www.fsc.va.gov/einvoice/asp.

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

AMENDMENT NO DATE

PRICE SCHEDULE

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1664.00 HR

Licensed Clinical Massage Therapist In accordance with the Performance Work Statement (PWS).

Contract Period: BASE POP Begin: 06-01-2023 POP End: 05-31-2024 PRINCIPAL NAICS CODE: 621399- Offices of All Other Miscellaneous Health Practitioners PRODUCT/SERVICE CODE: Q999 Other Medical Services

ITEM

NUMBER

DESCRIPTION OF

Licensed Clinical Massage Therapist

In accordance with the Performance Work Statement (PWS).

Contract Period: Option 1 POP Begin: 06-01-2024 POP End: 05-31-2025 PRINCIPAL NAICS CODE: 621399- Offices of All Other

DESCRIPTION OF

Licensed Clinical Massage Therapist In accordance with the Performance Work Statement (PWS).

Contract Period: Option 2 POP Begin: 06-01-2025 POP End: 05-31-2026 PRINCIPAL NAICS CODE: 621399- Offices of All Other

DESCRIPTION OF

Licensed Clinical Massage Therapist In accordance with the Performance Work Statement (PWS).

Contract Period: Option 3 POP Begin: 06-01-2026 POP End: 05-31-2027 PRINCIPAL NAICS CODE: 621399- Offices of All Other

PRODUCT/SERVICE CODE: Q999 Other Medical Services

ITEM

NUMBER

DESCRIPTION OF

Licensed Clinical Massage Therapist In accordance with the Performance Work Statement (PWS).

Contract Period: Option 4 POP Begin: 06-01-2027 POP End: 05-31-2028 PRINCIPAL NAICS CODE: 621399- Offices of All Other

GRAND TOTAL

Note: As part of price evaluation, the Government will evaluate its option to extend services (see FAR Clause 52.217-8). The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. 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 quotes relative to each other, and will not affect the ranking of quotes based on price, unless, after reviewing the quotes, 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.

PERFOMANCE WORK STATEMENT FOR MASSAGE THERAPY SERVICES FOR

VA NORTH TEXAS HEALTH CARE SYSTEM

A. BACKGROUND

The Veterans Affairs (VA) is incorporating a Whole Health approach to Veteran-centered care. Veterans Health Administration (VHA) Directive 1137, PROVISION OF COMPLEMENTARY AND INTEGRATIVE HEALTH, states that the VHA may provide approved complementary and integrative health (CIH) approaches when deemed appropriate by a VA practitioner. Under this directive, massage therapy has been approved as a CIH, or Whole Health, approach for treatment, and may be included as part of a clinical treatment plan. The Integrative Health Coordinating Center (IHCC) has found evidence that massage therapy can be beneficial as an adjunct to standard medical care.

In the Department of Veterans Affairs Fiscal Years 2022-28 Strategic Plan, under Strategic Objective 2.2, Implementing Strategy 2.2.2 (Whole Health) VA employees are allowed to deliver whole health care to support the health and well-being of Veterans.

PLACE OF PERFORMANCE:

Dallas VA Medical Center (part of the VA North Texas Health Care System) 4500 S Lancaster Rd.

Dallas, TX 75216

Period of Performance: Base plus four (4) option years:

Base year: June 1, 2023 – May 31, 2024 Option Year 1: June 1, 2024 – May 31, 2025 Option Year 2: June 1, 2025 – May 31, 2026 Option Year 3: June 1, 2026 – May 31, 2027 Option Year 4: June 1, 2027 – May 31, 2028

The government reserves the right to modify the contract by adding additional sites/locations/services to the contract (at a later date) if the need arises. The government reserves the right to modify the contract by adding additional days and times for massages services if the need arises. Any increases shall be within the intent of the services and Performance Work Statement. Additional locations will be modified (bi-laterally) according to the terms and conditions of the contract and included for all options.

B. OBJECTIVE

SERVICES REQUIRED: Clinical Massage Therapy services to support and enhance healthcare delivery services provided to meet the needs of Veterans at the VA North Texas Health Care System. The fundamental purpose of utilizing massage services is to provide 1) a non-pharmacological alternate for pain management, 2) another modality to increase range of motion, and 3) fulfill requirements in VHA Directive 1137 to integrate approved CIH modalities into patient care. Contracted massage therapists should be prepared to provide a series of either 30-minute or 45-minute massages for a wide range of clinical diagnoses.

Performance measurements will be tied to massage services provided as the goal of utilizing such a service is to support the facilities’ healthcare delivery services by providing a Whole Health treatment approach to improve the quality of life of Veterans.

C. DEFINITIONS/ACRONYMS:

ABMP Associated Bodywork & Massage Professionals ACO Administrative Contracting Officer ADL Activities of Daily Living AMTA American Massage Therapy Association CIH Complementary and Integrative Health CO Contracting Officer COR Contracting Officer’s Representative COTR Contracting Officer’s Technical Representative (Used interchangeably with COR) CPRS Computerized Patient Record System HIPAA Health Insurance Portability and Accountability Act MAS Medical Administration Service

PM&R Physical Medicine & Rehabilitation PWS Performance Work Statement SCI Spinal Cord Injury TDLR Texas Department of Licensing and Regulation VA Veterans Administration VAMC Veterans Administration Medical Center VANTHCS VA North Texas Health Care System VHA Veterans Health Administration VVC VA Video Connect SOAP notes Method of documentation by massage therapists

S: Goals for Session (Subject) O: Techniques Applied (Object) A: Comments (Assessment) P: Follow-up (Plan)

D. QUALIFICATIONS

1. Massage Therapist

a. Have a state-issued license that allows the professional to practice massage therapy on patients

b. Have a license that is current and active in the state of Texas

c. Contractor/Massage therapists in good ethical standing with the Texas Department of Licensing and Regulation (TDLR)

d. Credentialing and Privileging not applicable, a validation protocol will be used to vet interested massage therapists

e. Validation Protocol:

i. Proof of license issued by Texas Department of Licensing and Regulation (TDLR)

ii. Graduate from a massage school that is accredited by an agency that accredits massage schools

iii. 250 hours of documented hands-on experience in massage therapy practice (resume or work-log summary)

iv. Membership with the AMTA or ABMP is preferable

v. Continuing Medical Education (CME)/ Certified Education Unit (CEU)

Requirements: not applicable

vi. Active and current certificate in Basic Life Support (BLS)

vii. Must be US citizen

viii. Must be proficient in written and spoken English

ix. Must have good communication skills

x. Must possess physical stamina to perform a series of massage treatments

xi. Previous experience in hospital and/or clinical setting is preferred but not required

xii. Ability to work on patients within a wide age range

xiii. Possess ability to adapt type of massage given based on Veteran’s needs and physical condition

xiv. Certification in one or more of the following modalities is preferable

Deep tissue Myofascial release Neuromuscular therapy Trigger point therapy Lymphatic Drainage Positional Release

E. HOURS of OPERATION

1. Business Hours

a. Work Schedule: Contracted clinical massage therapists will be expected to work with VANTHCS schedulers, providers and staff and work within scheduled time frame for massage clinics. Massage therapy session will be provided in their totality in terms of length of sessions.

b. Federal Holidays: Massage sessions will not be scheduled on Federal holidays:

New Year’s Day Birthday of Martin Luther King, Jr.

President’s Day Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day and any other day declared to be a federal holiday.

c. Massage cancellation policy: The contracted massage therapist will be expected to provide massage services in accordance with scheduled massage sessions. If the massage therapist is not able to provide services on a scheduled day, as early as possible, notification must be made by calling in to the after-hours line and sending an e-mail to the NTX Massage Team.

d. Contract Cancellation Policy: This program may be canceled without discussion(s) when it is found to be in the best interest of the government. The program must continue to show high customer satisfaction, and an effectiveness in the areas of creating health and well-being such as improvement in mobility and activities of daily living (ADL), reduction in pain- medication consumption, pain reduction, improvement in sleep, mood or stress, and/or cost-effectiveness when evaluated.

The contract will be cancelled or not renewed if funding for massage services is no longer available for any reason.

e. Schedule for the massage therapist is Tuesday – Friday from 8:00am – 4:30pm with 1 hour for lunch. The workday is 7.5 hours.

f. The massage therapist’s daily work schedule allows for 1 hour prior to the start of massage sessions and a half hour after the massage sessions to allow the massage therapist to complete consult reviews and administrative notes.

2. Workspace Location

a. All massages must be performed at the Dallas Veterans Affairs Medical Center (VAMC) campus and within defined clinic hours. Contractor provides staff for massage clinic days with no missed opportunities.

b. Rooms used for massage sessions may vary per space availability.

Note: Contract massage therapist(s) may not solicit Veterans as clients for any outside massage therapy practice. Contract massage therapist may not schedule appointments.

Contract massage therapist may only work on Veterans that have a consult from a VA practitioner and are scheduled through a medical administration service (MAS) clerk. Massage therapist may not use massage rooms on the VA campus after hours for massages.

F. CONTRACTOR RESPONSIBILITIES

1. Business Requirements

a. Clinical massage therapy sessions provided only on Dallas VAMC campus.

b. Massages will be on a consult basis only and ordered by a provider

c. Massages will be scheduled in advance by a VA scheduling clerk

d. Massage therapist will be flexible to conduct the evaluation appointment prior to the massage sessions either face-to face with the Veteran or through VA Video Connect (VVC)

e. Massages will be performed for the Spinal Cord Injury (SCI) and Physical Medicine & Rehabilitation (PM&R) Services.

f. Massage therapist is present for scheduled massages with no missed opportunities.

g. Prior to session, therapist reviews providers’ consult notes in the Computerized Patient Record System (CPRS).

h. Massage therapist provides therapeutic massage sessions which start and end on time. Length of session will vary per Service.

i. If time is available, walk-in patients with a provider-order will be provided a massage.

j. Both male and female therapists may be required based upon the needs of the

VA.

k. Massage modality may be performed with or without the use of emollients.

l. Full body massages and wheelchair massages will be provided based on patient preference.

m. Full body massages will be provided in a Stryker bed. Note: Patients have varying levels of mobility. Staff nurses will be available to provide assistance with transfers and turning, etc. as needed.

n. Chair massages performed on Veterans in wheelchairs will focus on neck, shoulders, upper extremities and craniofacial areas.

o. Massages sessions will be provided on Wednesdays and Fridays in 45-minute increments

Dallas Site: Spinal Cord Injury (SCI)

Dallas SCI Wednesday and Friday Massage Schedule

9:00 am – 9:45 am 45-minute treatment

9:45 am – 10:00 am notes

Dallas Site: Physical Medicine & Rehabilitation (PM&R)

Note:

If SCI schedule has openings on Wednesday’s and Friday’s, the therapist shall consult with the point of contact in PM&R to provide massage services. The points of contact for the PM&R service are:

1) Primary contact: PM&R Medical Support Assistant

2) Secondary contact: PM&R Physician, and

3) Tertiary contact: PM&R Service Chief.

If the SCI schedule has openings, the massage therapist may work on SCI patients in the SCI in-patient wards as determined by the designated Point of Contact for the Service.

10:00 am – 10:45 am 45-minute treatment

10:45 am – 11:00 am notes

11:00 am – 11:45 am 45-minute treatment

11:45 am – 12:00 pm notes

12:00 pm – 1:00 pm LUNCH

1:00 pm – 1:45 pm 45-minute treatment

1:45 pm - 2:00 pm notes

2:00 pm - 2:45 pm 45-minute treatment

2:45 pm - 3:00 pm notes

3:00 pm - 3:45 pm 45-minute treatment

3:45 pm - 4:00 pm notes

Dallas PM&R

Tuesday and Thursday Massage Schedule

9:00 am – 9:30 am 30-minute treatment

9:30 am – 9:45 am notes

9:45 am – 10:15 am 30-minute treatment

10:15 am - 10:30 am notes

10:30 am –11:00 am 30-minute treatment

11:00 am –11:15 am notes

11:15 am –11:45 pm 30-minute treatments

11:45 am –12:00 pm notes

12:00 pm – 1:00 pm LUNCH

1:00 pm – 1:30 pm 30-minute treatment

1:30 pm – 1:45 pm notes

1:45 pm – 2:15 pm 30-minute treatment

2:15 pm - 2:30 pm notes

2:30 pm – 3:00 pm 30-minute treatment

3:00 pm – 3:15 pm notes

3:15 pm – 3:45 pm 30-minute treatment 3:45 pm – 4:00 pm notes

If PM&R schedule has openings on Tuesday’s and Thursday’s, the therapist shall consult with the point of contact in SCI to provide massage services. The points of contact for the SCI service are:

1) Primary contact: SCI Service Chief designee,

2) Secondary contact: Service Chief, and

3) Tertiary contact: Outpatient Medical Administrative Services (MSA) Clerk or the Inpatient Charge Nurser.

2. STANDARDS OF PRACTICE

Contract massage therapist agrees to provide massage therapy services within the scope of licensure. Members of other professions, e.g., chiropractors, nurses, physical therapists, may be contracted to provide clinical massage services, but only within the scope of practice of their massage therapy license.

Note: Massage therapy is the manipulation of soft tissues for therapeutic purposes through a variety of seven basic strokes: effleurage (stroking), petrissage (kneading), friction, tapotement (percussion), compression, nerve strokes and vibration. This treatment is for therapeutic purposes such as pain relief, improve physical functioning and wellbeing. Massage therapy treatment is considered to be delivered by the therapist using either one or both hands. If the therapist wants to use a mechanical device or electrical apparatus to deliver treatment to a Veteran, prior permission must be obtained from the Service Chief of the department, or their designee.

3. MEDICAL RECORDS

a. Authorities: contracted massage therapists will be expected to go through the standard background check and fingerprinting procedures to gain access to VHA patient information, the VHA computer network, and the CPRS. The contracted massage therapists will participate in the required training to gain such access.

Training will be provided free of charge, but contractors will not be able to bill for those hours of training.

b. HIPAA – contractors must have background check and understand HIPAA.

Contractors will participate in the necessary training to prove privacy standard understanding. The training will be free of charge, but the contractors will not be able to bill for those training hours.

c. Disclosure: by completing required background check forms, the contractors will be required to disclose information relevant to securing the privacy and safety of patients and staff throughout VANTHCS.

d. Professional standards for documenting care: Contractors will be trained in creating CPRS notes after appropriate background check is completed. The training will be provided free of charge, but the contractors will not be able to bill for those training hours.

e. Release of Information: The contracted clinical massage therapists will be trained to prove understanding that patients will have access to the notes (in CPRS this is a progress note to record pre-treatment evaluation as well as the therapy session), and the contracted massage therapists will be expected to uphold a CPRS progress note standard which complies with patient access to medical records.

4. DIRECT PATIENT CARE: 75% of the time involved in direct patient care

a. Contractor shall be responsible for Patient Safety:

1. Any patient distress is reported immediately to the provider.

2. Patient Safety incidents are reported immediately to the provider, VA authorities and the Contracting Officer’s Representative (COR).

3. Provide soft-tissue manipulation techniques to Veterans to decrease pain, improve

ADL and improve general well-being as requested by the provider.

4. Any mechanical device or electrical apparatus used on VA patients for massage must be approved in advance by the Service Chief.

5. Clinical massage therapy sessions for Veterans will be performed on-site at

VANTHCS. Therapists will be available to fulfill scheduled clinic appointments for massage therapy sessions.

6. Sessions will be for the length of time determined by the service (30-minute or 45-minute). A session is defined as therapeutic massage, note entry into CPRS and preparation time between Veterans. Only provider-order massage therapy sessions will be honored. Sessions will be structured to address specific body areas as directed in the provider order or will be structured to promote the well-being of the Veteran. Techniques utilized by the massage therapists must be within the scope of the licensure.

7. Massage therapists will enter massage therapy session notes, for each patient who receives a massage. The notes must comply with CPRS, and progress note standards. There must be one session note entered for each patient. The progress note must include information regarding the massage modality utilized. A massage therapy note template may be utilized for each patient. Massage Therapist will enter other notes into the medical record as required.

8. Contracted Massage therapist will participate in required training for CPRS entry (offered free of charge but contracted massage therapist cannot bill for the scheduling training hours). The contracted therapist will enter session notes (or utilize a massage therapy session template) into the Veterans’ records. Session notes may be entered into CPRS at the end of the clinic session but must be entered before the therapist leaves the campus.

b. Gender options for massage therapy services

1. Veterans will be provided with gender options if possible

2. If a massage therapy company can provide both male and female massage therapists, then Veterans can have a choice.

3. If a massage therapy company has exclusively male or female massage therapists or a single massage therapist is hired for a site, then the Veteran will have less of a choice.

4. If there are no options for gender preference, the veteran will have choice of massage or no massage.

5. ADMINISTRATIVE: 25% of time not involved in direct patient care

a. Communicating with providers as necessary information regarding Veterans and massage sessions.

b. Immediate communication with COR regarding any issues.

c. Communicating with VA schedulers and other staff members.

d. Entering required notes into CPRS.

e. Reviewing practitioner consults for massage sessions.

f. Conducting pre-massage evaluations (face-to-face or via VVC) following a consult from a practitioner.

G. GOVERNMENT RESPONSIBILITIES

1. Oversight of Service/Performance Monitoring.

2. Provision of room for massage services.

3. Provision of table and linens.

4. Provision of massage oils, cremes and/or lotions.

5. Scheduling Veterans for massage appointments.

6. Compensation for contracted therapists for appointment missed by Veterans.

H. PERFORMANCE STANDARDS, QUALITY ASSURANCE AND QUALITY IMPROVEMENT

1. Government Method of Surveillance

a. Mandatory training requirements are completed.

b. Review of schedule to assure no therapist-missed appointments and schedule is maintained.

c. Review of schedule to ensure progress note template filled out completely and in a timely manner.

d. Addressing validated complaints from either the Veteran or provider.

2. Contractor Performance Management Plan.

The Government will not exercise any supervision or control over the contract service providers (massage therapist(s)). The contractor is responsible for supervising and monitoring the performance of the massage therapist(s). The contractor shall develop and maintain a Quality Control Plan that ensures services are provided in accordance with this Performance Work Statement. This plan is due to the Contracting 10 days after contract award. The CO will notify the contractor of acceptance or required modification of the plan.

The Quality Control Plan shall include, at a minimum: (1) the Contractor personnel who will be responsible for monitoring the massage therapist(s) performance, (2) Contractor’s method to address business requirements identified in the PWS and (3) Description of contractor’s methods to monitor the service provided by the massage therapist(s) that includes a corrective action plan for unmet requirements or unsatisfactory performance.

3. The contractor and COR will set up quarterly meetings to review documented service performance, performance requirements and discuss any issues.

I. SAFETY REQUIREMENTS

In the performance of this contract, the Contractor shall take such safety precautions as the Contracting Officer may determine to be reasonably necessary to protect the lives and health of occupants of the building. The Contracting Officer shall notify the Contractor of any safety issues and the action necessary to correct these issues. Such notice, when served to the Contractor or his representative at the work site shall be deemed sufficient for the corrective actions to be taken. If the Contractor fails or refuses to comply promptly, the Contracting Officer may issue an order stopping all or part of the work and hold the Contractor in default.

J. BACKGROUND INVESTIGATION

The contractor will be required to complete a background investigation through Human Resources Management Service. The “Notice of Award” letter shall instruct the successful offeror how to obtain the VHA Service Center (VSC) Security Request Packet, which contains all the forms that the contractor must fill out. The VSC enters the request in the VA Security and Investigation Center (SIC) database. Once the VA SIC processes the request, the contractor point of contact (POC), contract employee, Contracting Officer (CO), COR and VSC receive an e-mail with instructions for completing the Electronic Questionnaire for Investigations Processing (e-QIP). The contract employee must complete the e-QIP within five (5) business days of receiving the e-mail from the VA SIC. If the e-QIP is not completed within the required timeframe, the CO shall notify the contractor that the individual is prohibited from working on the contract (or delivery/task order) until the e-QIP is completed.

Each contract employee working on this contract must also be fingerprinted as part of the Background Investigation (BI). Once a contract employee has submitted the required paperwork and has been fingerprinted, the VSC conducts the background screening. The VSC may request an applicant to complete and send an Office of Personnel Management (OPM) Optional Form 306, Declaration of Federal Employment, if issues are identified.

Upon completion of a background screening, the VSC will forward a “Fingerprint Check - National Criminal History Check Completion Notice” (NCHC) to the Contracting Officer, which will indicate a favorable or unfavorable screening decision for each contract employee listed on the form. Notice to Proceed Letter: Upon receipt of the NCHC notice from the VSC, and verification of a fully executed local or National Business Associate Agreement if required, the Contracting Officer shall send the contractor a “Notice to Proceed” letter with a copy of the NCHC notice, which will instruct those contract employees who have favorable screening decisions to begin working and fulfill remaining security requirements. Failure to pass the Background Investigation and obtain Security Clearances shall be deemed a contractor performance issue, and if performance cannot start due to failed and/or unacceptable BI’s, it shall further be deemed a contractor delay, and may result in termination for default of the contract if the contractor cannot perform services in a timely manner after award. No costs will be paid to the contractor for contractor delays or for time the government takes to process Background Investigations. For more information on this process see VA Directive and Handbook 0710, Personnel Security and Suitability Program.

K. CONTRACTOR TRAINING/INFORMATION SYSTEM

1. All VA training will be provided to the contractor at no cost and the contractor will not be able to charge the government for training time or travel/per diem associated with training.

2. Massage therapists require access to VA information and VA information systems to enter SOAP notes (progress notes) in CPRS.

3. Prior to being able to gain access to the VA information, the contractor must successfully complete TMS courses: VA Privacy and Information Security Awareness and Rules of Behavior, Annual Government Ethics Training, Privacy and HIPAA training and other required training.

4. Required training must be successfully completed before each year of the contract and copies of the training certificates provided to the Contracting Specialist or COR.

5. Other training may be required as determined by VA information officers.

L. CONTRACTOR HEALTH REQUIREMENTS

1. Basic Life Support (BSL) classes that is active and current is needed.

2. Contract massage therapists proving services under the contract shall have:

a. Annual TB Skin Test and recent (within the last year) chest X-ray if there is a history of positive TB skin test.

b. Proof of antigen or antibody titers as required by the VHA.

c. Proof of annual flu vaccination.

d. Proof of COVID vaccination.

3. Any facility health guidelines while on the VA campus.

This is a non-personal service contract under which the Contractor is an independent Contractor. Contractor employees shall not be considered VA employees for any purpose.

M. SECURITY STATEMENT

Sensitive VA information is contained within the systems covered by this contract.

The contractor will not transfer any VA information to a location outside the VA. No removable media devices can be used by the contractor and removable media devices will not be provided to the contractor. The contractor will not have remote access to the VA network.

Following onsite service and before leaving the VA site, the contractor will enter notes from the massage session. A separate access code, UserID/Password, will be issued to the contractor’s representatives who have completed the required background check and information security training: 1) privacy/security training, 2) information security 3) HIPAA and 4) other training.

N. PRIVACY CLAUSE FOR CONTRACTORS

1. Contractors and any subcontractors must adhere to the provisions of Public Law 104-

191, Health Insurance Portability and Accountability Act (HIPAA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS).

2. As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities, Veterans Health Administration (VHA). In accordance with HIPAA, the contractor may be required to enter into a Business Associate Agreement (BAA) with VHA.

3. Business associates must follow VHA privacy policies and practices when applicable.

All contractors and business associates must receive privacy training annually.

4. For contractors and business associates who do not have access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training, other VHA approved privacy training or contractor furnished training that meets the requirements of the HHS Standards for Privacy of Individually Identifiable Health Information as determined by VHA.

5. For contractors and business associates who are granted access to VHA computer systems, this requirement is met by completing VHA National Privacy Policy training or other VHA approved privacy training. Proof of training is required upon request.

O. VA RECORDS POLICY

All records (administrative and specific) created during the period of the contract belong to Dallas VAMC and must be returned to Dallas VAMC at the end of the contract or destroyed in accordance with the VHA Record Control Schedule (RCS)10-1. No electronic memory devices (hard drives, etc.) will leave the VA.

P. INFORMATION TECHNOLOGY SECURITY REQUIREMENTS:

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

1. GENERAL

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

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

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

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

d. Custom software development and outsourced operations must be located in the U.S.

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

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

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

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

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

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

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

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

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

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

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

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require Certification & Accreditation (C&A) or a Memorandum of Understanding-Interconnection Security Agreement (MOU-ISA) for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the Contracting Officer’s Technical Representative COTR.

GENERAL RULES OF BEHAVIOR

1. Rules of Behavior are part of a comprehensive program to provide complete information security. These rules establish standards of behavior in recognition of the fact that knowledgeable users are the foundation of a successful security program. Users must understand that taking personal responsibility for the security of their computer and the information it contains is an essential part of their job.

b. The following rules apply to all VA contractors. I agree to:

(1) Follow established procedures for requesting, accessing, and closing user accounts and access. I will not request or obtain access beyond what is normally granted to users or by what is outlined in the contract.

(2) Use only systems, software, databases, and data which I am authorized to use, including any copyright restrictions.

(3) I will not use other equipment (OE) (non-contractor owned) for the storage, transfer, or processing of VA sensitive information without a VA Chief Information Officer (CIO) approved waiver, unless it has been reviewed and approved by local management and is included in the language of the contract. If authorized to use OE IT equipment, I must ensure that the system meets all applicable 6500 Handbook requirements for OE.

(4) Not use my position of trust and access rights to exploit system controls or access information for any reason other than in the performance of the contract.

(5) Not attempt to override or disable security, technical, or management controls unless expressly permitted to do so as an explicit requirement under the contract or at the direction of the COTR or ISO. If I am allowed or required to have a local administrator account on a government-owned computer, that local administrative account does not confer me unrestricted access or use, nor the authority to bypass security or other controls except as expressly permitted by the VA CIO or CIO's designee.

(6) Contractors’ use of systems, information, or sites is strictly limited to fulfill the terms of the contract. I understand no personal use is authorized. I will only use other Federal government information systems as expressly authorized by the terms of those systems. I accept that the restrictions under ethics regulations and criminal law still apply.

(7) Grant access to systems and information only to those who have an official need to know.

(8) Protect passwords from access by other individuals.

(9) Create and change passwords in accordance with VA Handbook 6500 on systems and any devices protecting VA information as well as the rules of behavior and security settings for the particular system in question.

(10) Protect information and systems from unauthorized disclosure, use, modification, or destruction. I will only use encryption that is FIPS 140-2 validated to safeguard VA sensitive information, both safeguarding VA sensitive information in storage and in transit regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA.

(11) Follow VA Handbook 6500.1, Electronic Media Sanitization to protect VA information. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders.

(12) Ensure that the COTR has previously approved VA information for public dissemination, including e-mail communications outside of the VA as appropriate. I will not make any unauthorized disclosure of any VA sensitive information through the use of any means of communication including but not limited to e-mail, instant messaging, online chat, and web bulletin boards or logs.

(13) Not host, set up, administer, or run an Internet server related to my access to and use of any information assets or resources associated with my performance of services under the contract terms with the VA unless explicitly authorized under the contract or in writing by the COTR.

(14) Protect government property from theft, destruction, or misuse. I will follow VA directives and handbooks on handling Federal government IT equipment, information, and systems. I will not take VA sensitive information from the workplace without authorization from the COTR.

(15) Only use anti-virus software, antispyware, and firewall/intrusion detection software authorized by VA. I will contact the COTR for policies and guidance on complying with this requirement and will follow the COTR's orders regarding my access to and use of any information assets or resources associated with my performance of services under the contract terms with VA.

(16) Not disable or degrade the standard anti-virus software, antispyware, and/or firewall/intrusion detection software on the computer I use to access and use information assets or resources associated with my performance of services under the contract terms with VA. I will report anti-virus, antispyware, firewall or intrusion detection software errors, or significant alert messages to the COTR.

(17) Understand that restoration of service of any VA system is a concern of all users of the system.

(18) Complete required information security and privacy training, and complete required training for the particular systems to which I require access.

Q. RECORDS MANAGEMENT STATEMENT

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), National Archives and Records Administration (NARA) regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Dallas VAMC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Dallas VAMC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity.