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36C24122Q0332
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. NOV 2021)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
36C24122Q0332 5-1 -2022 Emily Hatcher 06-08 -2022 14:00 E S T 90c Department of Veterans Affairs Veterans Health Administration NCO1 / Services Team 1 200 Springs Road Bedford MA 01730 Emily.hatcher@va.gov X X Y 485991 $16.5 Million N/A X Department of Veterans Affairs Providence VA Medical Center Mobility Manager 830 Chalkstone Avenue Providence RI 02908-4734 Department of Veterans Affairs Veterans Health Administration NCO1 / Services Team 1 200 Springs Road Bedford MA 01730
Department of Veterans Affairs Financial Services Center https://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971 877-353-9791 x See CONTINUATION Page This solicitation will result in award of a firm-fixed price Indefinite Delivery Indefinite Quantity non-personal services Contract for Wheelchair Van Services for the VA Providence RI Healthcare System with a period of Performance of a Base Year and four (4) Option Years.
All quotations must be submitted electronically to:
Emily.Hatcher@va.gov before 2:00 pm, June 8, 2022.
Questions must be submitted electronically to Emily.hatcher@va.gov no later than 2:00 pm May 1 8, 2022 and will be answered via amendment to this solicitation.
SEE SECTION B.2 PRICE / COST SCHEDULE FOR ITEM INFORMATION
Minimum Guarantee:
175,000.00 Contract Ceiling:
$4, 500,000 .00 See CONTINUATION Page X X x Ann Marie Stewart
VA-VHA-2021-9A527CD0
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| B.2 PERFORMANCE WORK STATEMENT | 4 |
| B.3 PRICE/COST SCHEDULE | 18 |
| ITEM INFORMATION | 18 |
| SECTION C - CONTRACT CLAUSES | 21 |
| C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 21 |
| C.2 52.216-18 ORDERING (AUG 2020) | 21 |
| C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) | 22 |
| C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 22 |
| C.5 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 22 |
| C.6 SUPPLEMENTAL INSURANCE REQUIREMENTS | 23 |
| C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 23 |
| C.8 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) | 24 |
| C.9 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020) (DEVIATION) | 24 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 30 |
| D.1 BUSINESS ASSOCIATE AGREEMENT | 30 |
| D.2 WAGE DETERMINATIONS | 30 |
| SECTION E - SOLICITATION PROVISIONS | 35 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 35 |
| E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 38 |
| E.3 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021) | 38 |
| E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 40 |
| E.5 52.216-1 TYPE OF CONTRACT (APR 1984) | 41 |
| E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 41 |
| E.7 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021) | 42 |
| E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION) | 43 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT: Contracting Officer 36C241 Department of Veterans Affairs Veterans Health Administration NCO1 / Services Team 1 200 Springs Road Bedford MA 01730
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.
Department of Veterans Affairs Financial Services Center https://www.fsc.va.gov/einvoice.asp PO Box 149971 Austin TX 78714-9971
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
B.2 PERFORMANCE WORK STATEMENT
GENERAL OVERVIEW
The Department of Veterans Affairs (VA) Providence Healthcare System requires Wheelchair Transportation services for its beneficiaries. The contractor must provide all equipment, personnel, supervision, and support to have these services in place on or before September 1, 2022. Successful quoter shall meet all requirements of Federal, State, or City codes regarding operations of this type of service at the time of award. All services will be provided in accordance with the terms and conditions of this contract, applicable federal and state regulations, and industry accepted quality standards highlighted in this Statement of Work. The awarded contract will have a Period of Performance (PoP) of One (1) Base Year with the option for Four (4) additional One (1) – Year Periods.
Pricing is established on a per trip basis in accordance with the terms described herein paragraph 2.5. Orders.
B.2.1. SCOPE OF CONTRACT
Contractor shall provide scheduled and unscheduled Non-Emergent Wheelchair Van Transportation (NEMT) services for Veterans approved as travel beneficiaries seven (7) days per week (including holidays), twenty-four (24) hours per day, three hundred sixty-five (365) days per year, for the term of this contract. Most requests for service will be between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday. The contractor shall be available to receive and respond to communications 24 hours a day. Services include furnishing all vehicles, personnel, training, equipment, vehicle fuel, uniforms and ID badges.
The primary VA Medical Centers serviced under this contract include one major medical center and community-based outpatient clinics (CBOCs) identified in this section. Trips may also originate and terminate at any New England regional VA Medical Center, Community Care Centers, Non-VA Medical Facilities, or a beneficiary’s residence.
Primary facilities:
Providence VA Medical Center 830 Chalkstone Ave Providence, RI 02908
Hyannis CBOC 145 Falmouth road Hyannis, MA 02540
New Bedford CBOC 175 Elm Street New Bedford, MA 02740
Middletown CBOC One Corporate Place Middletown, RI 02840
The Contractor shall have the capacity to schedule, coordinate and execute the estimated volume of an average 500 trips per month plus additional mileage. This is approximately 25 trips per day, most of which will be during normal weekday hours. The average mileage per transport is approximately 20 miles. The VA experiences seasonal shifts in transportation needs and the contractor shall adapt to these changes while maintaining all performance standards.
A listing of VA personnel, “Ordering Officials,” authorized to communicate the arrangement of these transportation services will be forwarded to the Contractor after award of contract. Ordering officials will include case workers, transportation managers, Urgent Care Staff, or AOD after hours. Updated listings shall be provided to the contractor when required during the term of the contract.
The Contractor shall contact the Contracting Officer on all matters pertaining to administration. Only the Contracting Officer is authorized to make commitments to issue changes that shall affect the price, quantity, quality, or delivery terms of this contract.
The contractor shall notify the VA appointed COR if problems arise and adversely impact the performance of the contract. The COR serves as the primary point of contact for all administrative, process and performance communications. A meeting with the appropriate representatives from the VA transportation office and the contractor will be held prior to performance to address any questions, concerns and provide clarification to both parties of the performance requirements to be met under this contract.
2.2. CONTRACT DEFINITIONS AND ACRONYMS
Administrative Officer of the Day (AOD) – VA employee who acts as the administrator during all hours that are not normal working hours. Normal working hours are 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding holidays.
Attendant - A trained person involved in the provision of care provided by the contractor in support of the particular mode of transportation being utilized trained. (By comparison, an “escort” is a relative or beneficiary of the patient who merely accompanies the beneficiary on a trip.)
Base Rate – Base rate is defined as the rate paid for one-way transportation from a designated pick-up point to a designated delivery point. This rate will be paid for all authorized one-way trips ordered under the contract action, with employees receiving at minimum the Department of Labor Service Contract Act wage rates (included herein), during all phases of the trip made on behalf of the Government. Attached Service Contract Act wage rate determinations will be updated each option year when/if new revisions are issued. The Base Rate shall constitute full compensation for one-way trips which do not exceed the “Mileage threshold”.
Beneficiary - Veterans and other members determined to be eligible for benefits by the Veterans Administration (VA).
Contracting Officer (CO) – Veterans Administration official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings. Any changes to a resultant contract may only be made through a written modification as prepared and executed by the CO.
Contracting Officer’s Representative (COR) - VA official responsible for providing contract oversight and technical guidance to the Contracting Officer. COR responsibilities will include, but not be limited to: surveillance of services required under this contract, determining the adequacy of Contractor performance according to the specifications of this contract, acting as the Government's representative, ensuring compliance with contract requirements insofar as the work is concerned, certification of invoices, placing orders for service, and serves as a member on the vehicle inspection team. The COR cannot authorize deviations from the specifications and requirements of this contract.
Contractor - The term "Contractor" as used herein refers to both the prime Contractor, their employees, and any subcontractors and their employees. The Contractor shall be responsible for assuring that their subcontractors comply with the provisions of this contract.
Loaded Trips – Transportation with a beneficiary onboard the vehicle.
Prorated trips – Any trip in which more than one veteran is transported by a single driver, allowing only the mileage to be claimed to the farthest destination of the run.
Mileage Rate: Mileage rate for transportation services is the rate paid for each mile traveled beyond the specified Mileage Threshold. This rate applies to loaded, one-way transportation outside the 25-mile radius of the pickup location. In no event shall the Contractor receive this rate for miles traveled within the specified mileage threshold.
Mileage Threshold: The mileage threshold is defined as a 25-mile radius of the pickup location per MapQuest internet (http://www.mapquest.com) quickest route computations. For all one-way trips within a 25-mile radius of the beneficiary’s pickup location the contractor will receive the flat rate awarded for that trip. The Contractor will also receive the mileage charge for any one-way trips in excess of the flat rate outside the 25-mile radius the beneficiary’s pickup location. In no event shall the Contractor receive reimbursement for mileage charge for any mileage inside the 25-mile radius of the beneficiary’s pickup location.
Quality Assurance - Those actions taken by the Government to assure services meet the requirements of this contract.
Quality Assurance Surveillance Plan - An organized written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the Contractor's continuous performance.
Quality Control - Those actions taken by the Contractor to control the production of goods or services so they will meet the requirements of a contract.
Scheduled Trip(s) - The term "Scheduled Trip" as used in this contract refers to those trips in which the Contractor has been given advance notice (advance notice is defined as a notice given by 4:00 p.m. the prior business day) of required services and a specific pick-up time and location.
Unscheduled Trips(s) - The term "Unscheduled Trip" as used in this contract refers to those trips required on an as needed basis and advance notice is not given. Response time for Unscheduled Trips is 60 minute response time or better.
Vehicle(s) - The term "Vehicle(s)" as used in this contract refers to all modes of transportation provided under the requirements of this contract, unless a specific mode of transportation is identified.
2.3. TRANSPORTATION SERVICES
The contractor shall furnish Non-Emergent Transportation Services 24 hours per day, 7 days per week, including all holidays. In case of inclement weather, the decision as to whether a VA beneficiary will be transported will be made mutually by the COR or designee, and the Contractor.
The location of beneficiary pickups at the VA Providence Medical Center, 830 Chalkstone Ave., Providence, is dependent on the time of day as explained below:
TIME: 08:00 am to 4:30 pm M-F:
PICKUP LOCATION: Main Building, Travel Office- 1st floor Room D1074
TIME: 4:31pm – 7:59 am weekdays, and all Saturdays and Sundays:
PICKUP LOCATION: Main Building, 1st Floor - Emergency Room
If a beneficiary being transported declines to be properly belted; he/she will not be transported. The COR or designee will be notified promptly. If the beneficiary removes the securing devices during the trip, the driver will notify the COR or designee of this upon arrival at destination.
Contractor drivers shall ensure proper loading/unloading techniques are followed. Beneficiaries in wheelchairs shall be loaded onto ramps, ensuring all safety systems are working properly, and the driver must ride the lift with the beneficiary during loading/unloading. Beneficiaries in motorized scooters MUST transfer to a vehicle seat. NO beneficiary shall be allowed to ride a motorized cart (scooter) on the vehicle lift at ANY time. Unique beneficiary loading/unloading requirements will be communicated at the time of transportation request (e.g., for quadriplegic or multiple amputee beneficiaries).
The Contractor’s driver (or authorized attendant) shall observe the beneficiary during transport. Any indication of a significant change in the beneficiary’s condition shall be communicated immediately to the VA Medical Center serving the beneficiary. Emergent diversions to the nearest medical facility, if required, shall be communicated to the VA immediately. All diversions from destination, emergent or otherwise, shall be reported by the contractor to the COR or authorized designee within 1 hour and followed up with a beneficiary safety report for beneficiary medical record.
Should the Contractor’s driver encounter any problems with transporting of beneficiaries, the driver shall immediately contact the COR. During irregular tour of duty (4:31 p.m. to 7:59 a.m.), weekends or holidays, the driver shall contact the Administrative Officer of the Day (AOD) at the admissions desk. The Contractor may be requested to submit a written incident report by COR.
The Contractor may not transport non-VA contract beneficiaries or private-pay beneficiaries along with VA Beneficiaries under this contract unless approved by the VA. No beneficiary en-route in any transport shall be transferred from the original vehicle to another vehicle at a location other than the destination address supplied by the Travel Office, unless urgent situations arise (e.g., vehicle breakdown). All such events must be reported to the Travel Office. Drivers shall not make non-emergent stops for any reason during any beneficiary transport under this contract.
Any personal belonging that the transporting beneficiaries leaving the healthcare facility have (e.g., walker, wheelchair, small suitcases or bags) will also be transported and must be secured within the vehicle.
Contractor shall provide “through the door” assisted service for all beneficiaries to and from their designated appointments. Beneficiaries shall be picked up on the ward, in their homes, in the clinics, or at other areas designated by the VA and taken to the authorized destination or appointment. All beneficiaries shall be attended by an authorized responsible party at all times. Assistance in maneuvering stairs and other barriers shall be provided by the driver and/or authorized attendant when necessary. These services may need to be provided within or outside the home (i.e., from the door to the vehicle. When the beneficiary is delivered to a destination (i.e., a clinic or other appointment), an authorized care giver or medical staff at the destination must be informed of the beneficiary’s arrival by the Contractor’s driver or authorized attendant.
The Department of Veterans Affairs reserves the right to have an escort, such as a relative, or care provider of a beneficiary when it is determined by the VA that an escort is in the best interest of the beneficiary. While transporting VA beneficiaries under this contract, only authorized drivers or beneficiary’s family member or beneficiary’s representative, shall be allowed in the vehicle.
The Department of Veterans Affairs reserves the right to substitute the beneficiary requiring services at any time during the performance of this contract to prevent delays, cancellations, or dry runs and will provide immediate notification of any changes to the contractor.
2.4. CONTRACTOR EMPLOYEES, QUALIFICATIONS, AND CONDUCT
Contractor employees shall not be considered Government employees for any purpose. Contractor employees are subject to appropriate background investigations to include SORI and CORI checks and Federal HIPPA and VA information security regulations.
The Department of Veterans Affairs reserves the right to restrict any contractor employee from performing services under this contract who does not meet the required qualifications for the services he/she is required to perform and who violates Federal regulations or is identified as a potential threat to the security, safety, health and/or operational mission of the VA and its beneficiary population. The restriction of such contractor personnel shall not relieve the Contractor from performing all the required services, in accordance with all terms, conditions, and schedules contained herein.
Contractor personnel performing services under this contract shall conduct themselves in a professional manner, maintain personal hygiene, wear clean, neat uniforms and be identified by having the company name, and employee name affixed to the uniform in clear view above the waist.
The VA may request copies of employee records such as criminal background checks and physical capabilities (Health Certificate or statement of health from a private physician.)
Record of each employee as to name, level, and certification to perform the duties a driver or attendant shall be maintained and made available for inspection upon request.
All contractor personnel are required to:
| 1. Receive a physical verification of safe driving record and drivers check every 2 years |
| 2. Safety training one time per year. |
| 3. Possess a valid operator or chauffeur’s license required to operate the type of vehicle necessary to perform the service. |
All attendants/van drivers on duty must be qualified to administer oxygen and shall have successfully completed the Standard and Advance First Aid Courses of the American Red Cross, U.S. Bureau of Mines, or equivalent. Proof in the form of a current or unexpired certificate that shall be available upon request.
The VA places the highest priority on the treatment of its beneficiaries. The Contractor, Contractor’s employees, and Contractor’s representatives shall treat each beneficiary with respect, concern, and a professional approach to beneficiary’s dignity as an individual and as a beneficiary. All communication both verbal and non-verbal by the Contractor’s personnel, with and in the presence of the beneficiary, shall be conducted in a professional manner. The Contractor's personnel shall practice the utmost discretion when discussing the beneficiary 's condition with hospital professionals in the presence of the beneficiary, relatives, and/or caregivers.
The Contractor shall not dispose of any hazardous materials including but not limited to materials that are radioactive, flammable, explosive, corrosive, oxidizing, asphyxiating, biohazardous, toxic, pathogenic, or allergenic at any Department of Veterans Affairs premises or any location arrived at in the performance of this contract.
2.5. ORDERS
To the extent possible transportation requests will be made by 4:30pm the day prior for the next day’s services; however, service providers must be able to accept requests for same day services (add-on) and meet the response time outlined in para. 2.6 below. The following information will be provided to the contractor:
| • | Beneficiary name (first and last name) |
| • | Last four digits of Social Security Number |
| • | Pick up point (include address, telephone #, city, state, building name and/or room number if applicable) |
| • | Destination (include address, telephone #, city, state, building name) |
| • | Time of pick up |
| • | Additional information as needed (whether there are papers, medications or other items to be transported with the beneficiary and location of those items) |
| • | Any specific physician instructions |
| • | Type of transport, i.e. bariatric, width or height requirements |
If not answered immediately, calls shall be returned within ten minutes. After hours and weekend calls shall be responded to within 15 minutes of the call being placed.
The Contractor shall identify a specific e-mail address or any other mode of electronic communication available for their company to communicate with the Department of Veterans Affairs. The use of any electronic communication system shall be mutually agreed upon after award of contract before any communications are completed in this manner.
The Contractor shall maintain a record of all trips (scheduled on the travel log or add-on) and provide a printed spreadsheet that includes the beneficiary s name, date and time of each trip, arrival time and departure time and mileage. The printed report shall accompany the invoice for each billing cycle. The Contractor shall contact Travel Section with any questions, requests for clarification, or the need for additional information at the VA travel section during the hours of 8:00 a.m. to 4:30 p.m. During irregular tour of duty (4:31 p.m. to 7:59 a.m.), the Contractor shall contact the AOD.
The Contractor shall provide the VA, upon request, the estimated time of arrival for any vehicle en-route to pick-up a VA beneficiary or any VA loaded vehicle en-route to a specific destination.
The Contractor shall notify Travel, by telephone, in the event that the Contractor is unable to provide the scheduled or add-on trips within the time frame necessary for the VA beneficiary to maintain their scheduled appointment. The contractor must notify the VA in time for another company to be called to transport the beneficiary on time to maintain their scheduled appointment. Contractor shall use the VA provided list of authorized individuals to contact in the event Travel is not available to receive the Contractor’s call. The VA reserves the right to re-procure services which cannot be performed by the Contractor or its subcontractor if necessary. Non-performance could result in termination of the contract and resultant associated damages under the termination clause.
2.6. NUMBER OF BENEFICIARIES/ BENEFICIARY ESCORT:
The Department of Veterans Affairs reserves the right to have an escort, such as a relative, or care provider of a beneficiary when it is determined by the VA that an escort is in the best interest of the beneficiary. While transporting VA beneficiaries under this contract, only authorized drivers or beneficiary’s family member or beneficiary’s representative, shall be allowed in the vehicle. There shall be no additional charge when escorts are authorized to travel with the beneficiary, however; return trip for escort shall be paid according to the contract schedule if patient is not returning to origin.)
It is understood and agreed that no vehicle shall transport more individuals than the number of approved safety restraint devices installed in that vehicle.
If the COR or designee, Travel Clerk, or AOD, authorizes the Contractor to transport more than one beneficiary on a trip to the same destination, Additional Mileage for the longest distance transported may be claimed in addition to the Base Rate for one beneficiary. Trip mileage shall be determined in accordance with the current MapQuest internet version. The Contractor shall ensure that pickups and drop-offs are made so that the total distance traveled shall result in the most economical charge to the Government. When more than one beneficiary is transported within the 25-mile radius in a single vehicle to close destinations, a base rate may be charged each beneficiary.
TRIP PRICING: Trips will be paid in accordance with the line item pricing in the schedule as follows:
Base Trip Rate: Contractor picks up beneficiary and transports beneficiary to a different destination no more than 25 miles away from beneficiary’s pick up location (one way.)
Base Trip plus Wait Time Rate (beyond initial 15 minutes): Contractor picks up beneficiary and transports beneficiary to an appointment no more than 25 miles away from beneficiary’s pick up location (one way) and waits more than fifteen minutes for the beneficiary to complete the appointment, then returns beneficiary to original location.
Base Trip plus Additional Mileage Rate: Contractor picks up beneficiary and transports beneficiary to a destination that is more than 25 miles away from beneficiary’s pick up location (one way.)
Base Trip, plus Additional Mileage and Wait Time: Contractor picks up beneficiary and transports beneficiary to an appointment more than 25 miles away from beneficiary’s pick up location (one way) and waits more than fifteen minutes for the beneficiary to complete appointment.
Caregiver Transportation: In the event the beneficiary is accompanied by a caregiver, mileage will be paid according to the schedule for Additional Mileage for returning the caregiver to their original destination if beneficiary is not returning as well.
Wait Time: The Contractor may charge for Wait Time in accordance with the cost /price schedule for each fifteen (15) minute increment beyond the initial fifteen (15) minute Grace Period.
2.7. REIMBURSEMENT FOR CANCELLED TRIPS
For orders that are cancelled while the Contractor is already in route to the designated pick-up, the Contractor will be reimbursed at the rate for the trip at the Base Rate rate in the Prices/Cost Schedule. Should the Contractor arrive at the destination before Providence VAMC cancels the order, or if the Contractor is unable to perform a prescheduled pick-up for reasons beyond the Contractor's control, (e.g., incorrect address, beneficiary absence, beneficiary refusal) then the Contractor shall receive 100% of rate for a Base Trip, with additional mileage reimbursement, if applicable, in accordance with the price/cost schedule.
To determine trip mileage, VA will utilize MapQuest internet version (internet address: http://www.mapquest.com ) quickest route computations. Unless specifically approved by Travel for extenuating circumstances, requests for payment of mileage determined not reasonable by the VA will not be paid. The contractor must ensure that pickups and drop-offs are scheduled so that the total distance traveled will result in the most economical charges to the Government.
In order for the Contractor to invoice for Wait Time, the Contractor must utilize a GPS tracking system that documents the time of arrival at the pick-up point and time of departure. This documentation must be submitted with the invoice for COR Approval of Wait Time time charges.
2.8. UNSCHEDULED TRIPS RESPONSE TIME
For unscheduled trips, response time will be calculated from the receipt of the telephone request for services. At the time of the request, the contractor shall acknowledge their ability to provide the services within the requested response time, which is a maximum of 60 minutes. If the contractor cannot provide the services for within the response timeframe or for any reason, they must notify the VA requestor immediately and sub-contract the run.
Requests for unscheduled trips (orders placed for same day service) not initially recorded on the travel log will be made in writing by email and/or by telephone from the COR, Travel Clerk or AOD.
Contractor shall give higher priority in transporting VA beneficiaries that have scheduled trips. Contractor shall ensure add-on trips will not conflict with scheduled transports arriving at their destination timely.
The contractor shall arrive at the prescheduled pickup time for all prescheduled trips.
2.9. BENEFICIARY PRIVACY AND CONFIDENTIALITY
Because the Contractor will have potential access to Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) and is considered a covered entity, the Contractor is subject to regulations and guidelines issued by the Department of Health and Human Services, as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”), and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); and whereas, Department of Veterans Affairs Veterans Health Administration is a “Covered Entity” as that term is defined in the HIPAA implementing regulations, 45 CFR 160.103.
Contractor shall maintain the confidentiality of all beneficiary information and records associated with the performance of this contract. Contractor shall be required to sign Business Associate Agreement (BAA) as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
2.10. VEHICLES:
The Department of Veterans Affairs reserves the right to inspect contractor's equipment and vehicles or require documentation of compliance with contract specifications, State laws, rules, regulations, and guidelines governing passenger and handicap transport vehicles. This includes Federal 49 CFR Parts 27, 37 and 38, Transportation for individuals with Disabilities. Beneficiaries authorized for transport by the VA will include bariatric beneficiaries that may require more than one person to lift.
· All drivers and vehicles must be licensed in accordance with DOT regulations for the state they are licensed in.
· The Contractor’s vehicles are required to travel between Rhode Island and other states. Vendor is required to have FMCSA (USDOT# and MC#.) See Passenger Carrier Guidance Fact Sheet | FMCSA (dot.gov) The Department of Veterans Affairs reserves the right to restrict the Contractor's use of equipment and vehicles which are in need of repair, unclean, unsafe, damaged on the interior or exterior body. Each vehicle shall have a maintenance/safety checklist. Checklists shall be maintained at the contractor’s establishment and made available for inspection upon request. Inspections of contractor vehicles or equipment shall in no way constitute a warranty by the Department of Veterans Affairs that the contractor's vehicles and equipment are properly maintained.
Vehicles shall contain:
· An emergency safety kit (e.g., bio-hazard spill kit; first aid kit; two flashlights; two sanitary blankets for beneficiary comfort),
· Fire suppression equipment
· Appropriate road emergency warning equipment (e.g., reflective triangles).
· Written emergency procedures.
· Protective clothing required for the protection of contractor employees where beneficiary care is expected, such as - i) gowns, ii) gloves, iii) masks, etc.
Each vehicle shall be equipped with flashing warning lights activated by the opening and loading doors and a properly functioning audible back-up signal. All vehicles must remain locked when not attended by Contractor employees to avoid unauthorized entrance. Unattended vehicles shall NOT remain running and the key shall never be left in the ignition
The wheelchair van transport vehicle shall be of model and make to insure safe and comfortable transportation of wheelchair bound beneficiaries. Each vehicle shall be configured to hold a minimum of two (2) passengers in wheelchairs. For the safety of the passengers, the vehicle shall be equipped with a minimum of 4 point restraints for all wheelchair positions. All positions shall be seated facing the front on front mounted seats or rear on rear mounted seats of the vehicle. No beneficiaries may be transported on side mounted seats. Tie downs for wheelchairs are to consist of a leverage lock with a safety catch requiring physical unlatching. Lock shall be affixed to frame of vehicle. Many types and styles of locks are acceptable. Any type or style offering complete beneficiary safety that will prevent any motion of the wheelchair within the vehicle will be acceptable. Those considered lacking in this essential safety feature shall not be used for beneficiary transport under this contract unless and until replaced with an acceptable tie down system. Each vehicle and all accessories and systems must be clean and shall meet all maintenance standards of the manufacturer. All preventive maintenance shall be documented, and records provided upon request by the Contracting Officer. Wheelchair vans must be designed so that beneficiaries are restrained by a seat belt at all times when the vehicle is in motion.
The wheelchair vans provided under the terms of this contract shall be licensed and meet the minimum requirements as mandated by the state for safe operation of raised roof vans or lowered floor ramp wheelchair vans. Wheelchair vans for hire in Massachusetts and/or Rhode Island must be licensed by the Massachusetts Bureau of EMS and pass inspection by Massachusetts Department of Safety or Providence Bureau of EMS and pass inspection by Rhode Island Dept. of Safety, whichever regulations are stricter.
Raised roof wheelchair vans shall have the following minimum characteristics:
· Wheelchair vans equipped with a wheelchair lift shall be equipped with the following:
· A safety bar and wheel catch (e.g., rollback stop) secured to the outside perimeter of the lift to prevent the wheelchair from rolling off.
· The lift controls will be located in such a position that the operator can work the controls while keeping one hand on the wheelchair at all times and ride the lift with the beneficiary during loading and unloading.
· The lift shall operate in such a manner that when going up or down it will remain parallel with the ground.
· The lift shall have slip-proof surface.
· All lowered floor ramp wheelchair vans shall be equipped with the following:
· Must have ADA compliant interlock
· Must have ADA ramp and door entrance lighting
· Must have emergency rear hatch release
Use of the lowered floor ramp wheelchair van versus the raised roof wheelchair van will be determined by the contractor based on the individual needs of the VA beneficiary.
All wheelchair equipped, modified vans shall:
· have minimum headroom of seventy-two (72) inches and a minimum aisle width of fourteen (14) inches.
· The rear door shall be permanently unobstructed.
· When a wheelchair lift is provided, a wheelchair lift light, which illuminates the lift device and the area outside the vehicle in front and to the side of the lift, shall be provided and shall operate automatically when the side doors are opened.
All vehicles shall be equipped to allow for direct communication at all times between the drivers, the contractor, and staff of the VA Medical Center. This equipment may be mobile telephone, cellular telephone, or radio dispatch which would allow linking to the VA Medical Center by telephone. Contractor shall provide any telephone numbers or special access codes or devices to Travel Section in order to comply with the provision for direct communication.
All vehicles shall be equipped with properly functioning heater and/or air conditioning, with adequate capacity to maintain the comfort level of the beneficiary during transport.
2.11. CONTRACTOR’S QUALITY CONTROL PROGRAM (QCP)
The Contractor shall develop and maintain an effective Quality Control Plan (QCP) to ensure services are provided in accordance with Performance Work Statement. The Contractor shall develop and implement procedures to identify, prevent and ensure non-recurrence of defective services. The Contractor’s QCP is the means by which he assures himself that his work complies with the requirements of the contract. The QCP shall be submitted as part of the Contractor’s Quotation. Any changes made to the QCP after contract award shall be submitted to the Contracting Officer for acceptance in writing prior to implementation.
2.12. TOLL CHARGES
It is understood that the prices quoted in the schedule do not include any ferry, bridge, tunnel or road toll charges. The Providence VAMC will not be charged for any of these fees.
2.13. TUBERCULOSIS TESTING
Contractor must provide evidence of negative PPD test within fourteen (14) calendar days prior to an employee with direct beneficiary contact beginning service and annually thereafter.
Contractor must provide medical evidence that employee is disease free before those employees having a positive PPD may return to work.
In no circumstance will an employee or driver be allowed to begin duty without prior submission of the required testing certification.
2.14. HEPATITIS B VACCINATION
The employer shall make available the Hepatitis B vaccine and vaccination series within ten (10) days of employment to all contract employees who have direct patient contact and follow-up to all contract employees who have an exposure incident.
Contractor shall bear all costs associated with vaccinations.
VA Form 10-5549c, Information about Hepatitis B Vaccine (Recombinant), Consent Form, or VA Form 10-5549d. Hepatitis B Vaccine Declination (Mandatory) (Attachment B) shall be submitted to the Contracting Officer within thirty (30) days of waiver, or completion of the first in the series of the Hepatitis B Vaccine, and at completion of the vaccination series. These forms shall be provided to the contractor upon award of the contract.
2.15. INFECTION CONTROL COMPLIANCE
Contractor shall provide written certification of training to employees used in performance of this contract and Contractor compliance with the Blood borne Pathogens Standards. 29 CFR Part 1910.1030 (copy available on request). Certification must be received by the Contracting Officer prior to employee being assigned for duty.
The infection control compliance requirements apply to Contractor employees providing services during any absence from duty of scheduled employees for any reason.
In no circumstance will an employee be allowed to begin duty without prior submission of the required training certification.
29 CFR part 1910.1030 is OSHA’s standard requiring employers to:
· Develop written exposure-control plans;
· Train all employees on occupational risks;
· Maintain records on employee training;
· Use warning labels;
· Implement proper work methods including “Universal Precautions”, (e.g. proper care and disposal of personal protective equipment such as the use and disposal of latex gloves);
· Offer Hepatitis B Vaccine (HBV) to employees;
· Provide medical evaluations following employee’s exposure incident; and,
· Supply personal protective clothing and equipment
2.16. EVIDENCE OF INSURANCE COVERAGE:
Before award of the contract, the Contractor shall furnish to the Contracting Officer a certificate of Insurance which shall contain an endorsement to the effect that cancellation of, or any material change in, the policies which adversely affect the interest of the Government in such insurance, shall not be effective unless a 30-day written notice of cancellation or change is furnished the Contracting Officer.
2.17. LICENSES:
The Contractor shall obtain all necessary licenses and/or permits required to perform this work. The Contractor shall take all precautions necessary to protect persons and property from injury or damage during the performance of this contract. The Contractor shall be responsible for any injury to themselves, their employees, or others, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by their, or their employees' actions and/or negligence. Within 10 days of notification of acceptance and pending award of contract, and prior to award of a contract, the contractor shall furnish to the contracting officer a copy of the contractor’s current and valid Worker’s Compensation certificate.
The Contractor shall maintain personal liability, automobile liability, and property damage insurance, as prescribed by the laws of the states, and in accordance with VAAR 852.228-71 INDEMNIFICATION AND INSURANCE and 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE. Evidence of coverage shall be submitted to the Contracting Officer before commencing work under this contract (copy of Certificate of Insurance), and it shall not be changed or cancelled without thirty calendar days prior written notice to the Contracting Officer.
2.18. INVOICING:
The Contractor shall coordinate billing arrangements with the COR monthly. Billing documents shall include a report that (e.g., spreadsheet) shall contain the contract number, date, departure and arrival times, beneficiary’s name, origin and destination addresses, total mileage per trip leg. The COR will review the report and once all information is determined to be accurate the invoice will be approved by the COR for payment submission in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests. Invoices shall be submitted monthly in arrears.
2.19. SERVICE CONTRACT ACT OF 1965:
All service employees who will be employed in the performance of the contract awarded as a result of this solicitation shall be paid no less than the wages shown on the Wage Determination which is incorporated and made a part of this solicitation and resulting contract.
SERVICE CONTRACT LABOR STANDARDS
The solicitation and subsequent contact include FAR 52.222-41, Service Contract Labor Standards (SCLS). The Offeror and resultant contract awardee, by signing the offer and contract, is acknowledging they have reviewed the clause and will fully comply throughout the contract period. It is the responsibility of the Contractor to determine and pay the appropriate prevailing wage rate and fringe benefits for the location. The Government will not be held responsible for any mistakes in applying the SCLS. VA reminds contractors of the Department of Labor Regulations which implement the SCLS and which read at 29 CFR § 4.115:
Employee coverage does not depend on form of employment contract. The Act, in section 8(b), makes it plain that the coverage of service employees depends on whether their work for the contractor or subcontractor on a covered contract is that of a service employee as defined in section 8(b) and not on any contractual relationship that may be alleged to exist between the contractor or subcontractor and such persons. In other words, any person, except those discussed in §4.156 below, who performs work called for by a contract or that portion of a contract subject to the Act is, per se, a service employee. Thus, for example, a person's status as an “owner-operator” or an “independent contractor” is immaterial in determining coverage under the Act and all such persons performing the work of service employees must be compensated in accordance with the Act's requirements.
2.20. HIPAA COMPLIANCE:
As a covered entity, the Department of Veterans Affairs (VA) is required by law to obtain satisfactory assurance of a Business Associate and that the Business Associate appropriately safeguards protected health information it receives or creates on behalf of the covered entity. Contractors and any subcontractors must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 to include the Administrative Simplification Provisions of the law and associated rules and regulations published by the Department of Health and Human Services (HHS). The Contractor shall comply with all HIPAA-related rules and regulations to include Electronic Transactions, the Standards for Privacy of Individually Identifiable Health Information, and the Security Standards. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPAA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity component of the Department Veterans Affairs is the Veterans Health Administration (VHA). In accordance with HIPAA, the Contractor will be required to enter into a Business Associate Agreement (BAA) with VHA.
Business associates must follow VHA privacy policies and practices as defined in the BAA. All contractors and business associates must receive privacy training annually. 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 HHS Standards for Privacy of Individually Identifiable Health information as determined by VHA. 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.
Any violation of HIPAA will be reported to the Contracting Officer in writing within twenty-four (24) hours of the Contractor’s discovery of an occurrence. Included in the report will be a description of the occurrence, beneficiary names (if known), location, date and time. A copy of any filed police report will be provided by the Contractor to the Contracting Officer within twenty-four (24) hours of completion.
2.21. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED INDIVIDUALS/ENTITIES In accordance with The Health Insurance Portability and Accountability Act (HIPAA), Sections 1128 and 1128A of the Social Security Act and the Balanced Budget Act (BBA) of 1977, the Office of Inspector General has established a list of parties and entities excluded from Federal health care programs. Specifically, the listed parties and entities may not receive Federal Health Care program payments due to fraud and/or abuse of the Medicare and Medicaid programs.
On a monthly basis the Contractor shall review the OIG List of Excluded Individuals/Entities on the OIG web site at www.hhs.gov/oig to ensure that any Contractor Employees or Subcontractors are…
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