Attachment A - SOW - Therapeutic Harp and Drum Circle Facilitation.docx

VA Pittsburgh Healthcare System (VAPHS) Therapeutic Harp and Drum Circle Facilitation Statement of Work

A. General Information

1. Title: Therapeutic Music Services

2. Scope: The VA Pittsburgh Healthcare System (VAPHS) is seeking two (2) music clinicians: one skilled with a harp and one skilled as a Drum Circle Facilitator. Both musicians shall possess the appropriate credentials as described in this Statement of Work. The contractor shall provide all labor, travel and musical instruments, except where noted otherwise in this SOW. Services are onsite and not virtual, unless deemed necessary (e.g., quarantine). Ordering Period: 03/09/2024 - 03/08/2029

3. Background: The VAPHS has expanded its music therapy program by providing Drum Circle programming and bedside Therapeutic Harp programming. Harp services shall be provided at either bedside or in a small group of two to five veterans in a day room setting. The Contractor shall coordinate all service visits with VAPHS Point of Contact (POC) with a mutually agreeable schedule. Drum circle dates shall also be coordinated with the POC.

4. Services Locations:

VA Pittsburgh Healthcare System H.J. Heinz Division 1010 Delafield Road Pittsburgh, PA 15215

University Drive (Oakland) Division University Drive C Pittsburgh, PA 15240

5. Type of Contract: Five-year blanket purchase agreement (BPA) which will begin from the date of award.

B. Requirements

1. Harp Therapist

The Harpist shall possess a current certification as a Certified Music Practitioner (CMP) from the Music for Healing and Transition Program (MHTP.org) or comparable (e.g. Registered Music Therapist, Certified Music Therapist, Music Therapist, Board Certified, Masters in Education-Special Needs certification, clinicians with specialized therapeutic music training-certified).

A CMP is necessary to provide enhanced music programming specifically targeted towards palliative and hospice veterans with bedside music through Harp Intervention. A CMP is a high level professional musician with a certification as a health practitioner; knowledgeable in health, wellness, disease processing; proficient in observations of physiological cues and communication; skilled in music delivery for bedside or intimate music delivery to bring about positive outcomes to improve patient welfare physically, emotionally, socially and spiritually. Additionally, research has indicated the presence of live music is beneficial, more than prerecorded, as delivery is specific to the client, through social engagement.

The Harp CMP shall possess a large repertoire to enable them to instantaneously respond to the needs, desires and physiological/psychological changes present in the intimate setting bedside. Harp Practitioner must provide training certification and a resume which lists evidence of five years’ experience, that includes specific agencies where contracted or employed.

Harp services shall be provided 52 times per year for a minimum of 60 minutes each visit. A typical weekly visit will consist of several short sessions in veterans’ rooms or in the general living area.

All instruments shall be provided by the contractor. Portable instruments should be able to fit in the smallest unit rooms on medical floors. The instrument shall remain clean and sanitary during these visits.

2. Drums Facilitator The Drum Circle Facilitator shall possess both a certificate from a clinical music program (e.g. Certified Music Practitioner, Registered Music Therapist, Certified Music Therapist, Music Therapist-Board Certified, Masters in Education-Special Needs Certification, clinicians with specialized therapeutic music training-certified) and a certificate in Drum Circle Facilitation Training by a recognized, quality organization [e.g. Author Hull (Home - Village Music Circles Global) or Drum Circle Facilitators Guild (https://dcfg.net)].

The Drum Circle Facilitator shall possess the skills to lead groups in drumming with those who have severe mental and physical disabilities and disorders. The facilitator must have five years’ experience as a drum circle facilitator and must provide a resume with evidence that includes specific agencies where contracted or employed.

Drum circles sessions are scheduled for a total of six (6) visits per contract year. The Drum Circle Facilitator services shall be provided for a minimum of one (1) hour each visit.

Veterans at the Heinz CLC or at the Veterans Recovery Center will be provided with a drum circle activity on station or off station at a recognized drumming facility. Off Station Drum Circles will require VA staff to transport Veterans to a local community location. Off station drum circles are recognized under community reintegration and intergenerational programming in the Veterans’ overall wellbeing and treatment protocols. Drum Circles will be scheduled by Recreation Therapy (RT) or Creative Arts Therapy (CAT) staff for optimal participation to benefit the veteran.

Instruments shall be provided by the contractor and by VAPHS Recreation Creative Arts Therapy. A sufficient number of various percussion instruments (hand-held rhythm instrument and floor drums) shall be provided for at least 15 Veterans.

Instruments must be clean and with have no sharp edges. The contractor shall clean all instruments before and after each use. The Contractor shall confirm they have a sufficient number of instruments.

C. Instructions Upon arrival at VAPHS, the contractor shall sign in with the VAPHS Police and obtain a VA Contractor PIV card in accordance with VAPHS Policy. The PIV card will service as a VA ID badge and must be worn at all times. The VA badge shall be plainly visible by VA staff and must be worn above the waist, facing forward. Upon leaving the facility, the contractor shall return the access badge to the VA police and sign out of the facility.

VA Responsibilities:

The VA RT or CAT POC will serve as the direct liaison between the VA Medical Center and the Contractor. RT/CAT and Contractor will mutually agree on a location the Contractor will provide services. A list of eligible Veterans for participation will be provided if needed.

D. Security Considerations

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

2. VA Handbook VA Publications. 6500.6 Contract Security -Appendix C: VA Information and Information System Security/Privacy Language for Inclusion into Contracts: paragraphs Appendix C: 2a, b, e, #3(a), c, d, e, f, j, k, #6(a), b, #7(all), 9(all).

3. Contractor employee(s) must sign Appendix D Contractor Rules of Behavior prior to performance of the contract and annually thereafter.

4. Contractor must complete “VA Privacy and Information Security Awareness and Rules of Behavior” and “Privacy and HIPAA Focused Training” courses prior to the performance of the contract and annually thereafter. Training must be completed in VA’s TMS system (https://www.tms.va.gov/SecureAuth35/).

5. Contractors must use the TMS Managed Self Enrollment method to complete the training in TMS. The Program POC must ensure that all contractors are validated in the PIH domain. Proof of training completion must be verified and tracked by the Program POC.

6. The contractor shall complete in TMS within 30 days of award: General Safety and Security, Patient Safety, Slips, Trips and Falls, VA Core Values, VA Ethics, Infection Prevention, Disruptive Behavior, and additional training as required.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

[VA Handbook VA Publications. 6500.6 Contract Security -Appendix C: 2a, b, e, #3(a), c, d, e, f, j, k, #6(a), b, #7(all), 9(all)]

2 ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. 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 Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

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).

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 NIST issues or updates applicable 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.

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.

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

7. LIQUIDATED DAMAGES FOR DATA BREACH

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

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

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

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

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

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

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

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

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

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

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

(1) Notification;

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

(3) Data breach analysis;

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

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

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.