Attachment A - SOW - Fitness and Wellness for Veterans- Altoona_final.docx

Fitness and Wellness Services for Veterans Statement of Work

1. PURPOSE

The James E. Van Zandt Veteran Affairs Medical Center (VAMC) located at 2907 Pleasant Valley Boulevard, Altoona, PA 16602, has a requirement to offer fitness and wellness services to their Veteran patients.

2. BACKGROUND

This requirement is designed to provide health and wellness services to both support and supplement existing programs at the VA in Altoona such as the VA Move! Weight Management Program, aquatic programs.

3. SCOPE OF WORK

The contractor shall provide an estimated one hundred fifty (150) individual adult, annual memberships to be used at their facility for the Veteran patients receiving services through the James E. Van Zandt VAMC. A representative at the VA will be the responsible party deciding which Veterans shall have access to the contractor’s facility seven (7) days a week during the contractor’s facility hours of operation. The Contractor shall agree to provide all of the requirements listed within the statement of work.

4. PLACE OF PERFORMANCE

Contractor’s place of business

5. PERIOD OF PERFORMANCE

Contract will be a 5-year Blanket Purchase Agreement (BPA)

6. HOURS OF OPERATION

Will be in coordination with the Contractor’s hours for operation

7. FEDERAL HOLIDAYS OBSERVED

New Year’s Day Martin Luther King Day President’s Day Memorial Day Juneteenth Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Modified hours for Christmas Eve and New Year’s Eve shall be coordinated with the VA representative.

The VA representative at the VA will be determined after award.

8. CONTRACTOR REQUIREMENTS

8.1. Contractor must own or lease a facility within 10 miles of the James E. Van Zandt VAMC which offers a wellness center which provides a range of fitness equipment.

8.2. The Contractor shall provide a signed copy of Attachment D – VA Privacy Training within 30 calendar days after receipt of order and annually thereafter for each employee who will have access to any Veteran’s information.

8.3. Contractor will be required to have an aquatic center sporting an indoor pool. Contractor will provide a list of other aquatic related amenities.

8.4. Contractor shall be required to have cardio equipment/room, basketball courts, free weights, and other weight equipment for strength training.

8.5. Contractor will provide a list of fitness classes offered in a face-to-face format or virtual.

8.6. The contractor shall provide monthly attendance rosters of all veterans taking part in the VA program to indicate if it was utilized during the invoicing period. The roster shall be submitted on a separate encrypted spreadsheet along with the invoice.

8.7. Contractor will be required to provide memberships for an estimated 150 adult Veterans receiving services through the James E. Van Zandt VAMC.

8.8. Contractor must provide a designee to serve as the direct liaison between the contractor and the VAMC. This designee will also be the point of contact for Veterans to present their vouchers upon arrival to the facility.

8.9. Contractor shall provide instructors to teach and instruct Veterans on proper usage of all gym and fitness equipment and be able to answer Veteran questions pertaining to the usage.

8.10. Contractor will be required to provide qualified staff who have obtained a lifeguard certification from a Pennsylvania Department of Health approved certification provider.

8.11. Contractor shall ensure the facility has present, staff members who are certified in both Cardio-Pulmonary Resuscitation (CPR) and the use of Automated External Defibrillation (AED) devices.

8.12. Contractor shall provide the types of all certifications held by the staff, along with the quantity for each if requested at any time during the period-of-performance by a VA representative. i.e., CPR-30; AED-12; lifeguard certification-9; personal trainers-12; etc.

8.13. Contractor will be required to provide clean and spacious men and women’s locker rooms along with a family changing area.

8.14. Contractor must ensure that all fitness equipment, gym areas and pool areas are cleaned on a regular basis.

8.15. Contractor shall provide some type of childcare services whether it is all day or at limited time frames throughout the day and fee should be included in the membership price.

8.16. Contractor will be responsible for reporting concerns or issues to the VA representative within 1 business day.

8.17. Contractor is fully responsible for any claims of damage to personal property or personal injury due to the Contractor’s gross negligence to any participant while participating in any of the activities.

8.18. Five business days prior to invoicing, Contractor shall provide a monthly report to the VA representative which lists the names/number of Veterans who accessed the facility that month for VA concurrence.

8.19. Contractor will be required to submit invoices for payment through Tungsten Network

8.20. The contractor shall refrain from photographing Veterans and if applicable, their children for website, social media, and other marketing Materials.

9. VA RESPONSIBILITIES

9.1. A VA representative designated to serve as a direct liaison between the VA Medical Center and the Contractor

9.2. The VA representative will provide a listing of eligible Veterans who are approved for the upcoming month’s membership

9.3. The VA designee will meet with the contractor on an as needed basis to discuss any concerns

10. PAYMENT AND INVOICING

10.1. The Contractor shall provide the VA representative a monthly report for invoicing by the fifth business day after the end of the previous month. This report shall be sent to the VA representative via email using a secure spreadsheet. The invoice amount shall match the charges provided in the detailed monthly report. Once approved by the VA representative, the Contractor shall submit the invoice in accordance with the instructions below and shall include the BPA number and current Task Order # and Purchase Order Number. Payment to the Contractor shall be made monthly, in arrears, upon receipt of a properly prepared invoice. Payment for services will be at the rates specified in the Price/Cost Schedule. All monthly invoices from the contractor will be electronically submitted through the Tungsten Network within 15 days following the end of the month of services rendered.

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.

The information page for the Financial Service Center (FSC) of the Department of Veterans Affairs that includes information regarding electronic invoice submission can be referenced at:

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

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-8971 Customer Support Help Desk (877-353-9791)

Invoices must be approved by the point of contact prior to payment release. Invoices without the required information will be rejected.

If the VA representative refuses an invoice due to incorrect billing, subsequent changes or corrections to the monthly invoice shall be resubmitted by the vendor with a corrected invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

● Name and Address of Contractor

● Invoice Date and Invoice Number

● Contract/BPA Number

● BPA Order Number

● Obligation Number

● Name, title, and phone number of person to notify in event of defective invoice

● CLIN to include Total Price, Description, Quantity of Services delivered or executed, to include dates of service.

Failure to comply with all terms and conditions of this contract shall result in invoices/claims submitted for reimbursement during that period to be considered incomplete. Interest penalties imposed under the Prompt Payment Act shall not apply to incomplete invoices or invoices received after the established invoice due date.

Contractor Remittance Address: All payments by the Government to the Contractor will be made by Electronic Funds Transfer (EFT)

11. RULES FOR GENERATED RECORDS BY CONTRACTOR

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

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

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

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

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

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

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

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

11.9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

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

11.11. The Certification and Accreditation (authorization) (C&A) requirements do not apply. A Security Accreditation Package is not required.

12. BUSINESS ASSOCIATE AGREEMENT

12.1. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) requires the patient lists, names of patient, and any information concerning patients, are considered privileged information and shall not be disclosed or revealed in any way of use outside the VA. The Contractor is subject to the same penalties and liabilities for unauthorized disclosures of such information as the VA. Patient confidentiality will be adhered to always.

12.2. As Contractor personnel will potentially have access to any patient information related to their performance of duties under this task order, contracting shall make its personnel aware that any such information that they might become aware of during their performance is considered privileged information and shall not be disclosed or revealed in any way outside communications with CO, VA representative, and VA HIMS personnel.

12.3 A Business Associate Agreement (BAA) is required as defined in Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191. (See Section D of the RFQ solicitation for completion)

13. GOVERNMENT ROLES AND RESPONSIBILITIES

13.1. The following personnel shall oversee and coordinate surveillance activities:

13.1.1. The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the Contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the Contractor’s performance.

13.1.2. The VA representative is responsible for technical administration of the contract and shall assure proper Government surveillance of the Contractor’s performance. The VA representative shall keep a quality assurance file. The VA representative is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

14. SPECIAL CONTRACT REQUIREMENTS:

Reports/Deliverables: The Contractor shall be responsible for complying with all reporting requirements established by the Contract. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required.

The following are brief descriptions of required documents that must be submitted by Contractor: weekly; monthly; quarterly; annually, etc. identified throughout the SOW and is provided here as a guide for Contractor convenience. If an item is within the SOW and not listed here, the Contractor remains responsible for the delivery of the item.

15. COVID-19

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.