36C24126Q0074.docx

36C24126Q0074

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.

UEI:

EFT:

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

36C24126Q0074 12-02-2026 none none 01-09-2026 17:00

EST

Department of Veterans Affairs VAMC Togus 1 VA Center Augusta

ME

04330 X 621910 $22.5 Million N/A X Department of Veterans Affairs VAMC Togus 1 VA Center Augusta

ME

04330 Department of Veterans Affairs VAMC Togus 1 VA Center Augusta

ME

04330

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin

TX

78714-9971 See CONTINUATION Page This solicitation is being issued as unrestricted for the non-personal services of an Ambulance Transportation requirement for the VA TOGUS, Maine HealthCare System for eligible Veteran beneficiaries.

The contractor shall provide all labor, materials, tools, supervision, training, and safety measures necessary to meet requirements of the Performance Work Statement herein.

The resultant contract will be firm fixed-price IDIQ with a five year period of performance.

All quotes must be submitted electronically to Sterling.Mathews@va.gov or Tara.Dossiema@va.gov before the time and date in box #8.

VENDORS ARE REQUIRED TO PROVIDE A SIGNED COPY OF

VAAR CLAUSE 852.219-75 LIMITATIONS ON SUBCONTRACTING,

WITH THEIR QUOTE. FAILURE TO PROVIDE THIS DOCUMENT WILL

DEEM YOUR RESPONSE INELIGABLE FOR EVALUATION AND AWARD.

Minimum annual guarantee: $1,500.00 with an ordering ceiling of $5,500,000.00 See CONTINUATION Page X X x x x Sterling Mathews

VA-VHA-RPOE-2022-333915

Table of Contents

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 VAMC Togus

1 VA Center Augusta ME 04330

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

3. INVOICES: Invoices shall be submitted 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.

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

VA MAINE HEALTHCARE SYSTEM TRANSPORTATION SERVICES

1. OVERVIEW

Contractor shall furnish Basic Life Support (BLS), Advanced Life Support (ALS) and Specialty Care Transport (SCT) Ambulance Services the beneficiaries of the VA Maine Healthcare System. The Contractor shall provide all equipment, personnel, supervision, logistics, and support to provide these transportation services. All services will be provided in accordance with the terms and conditions of this contract and industry accepted quality standards highlighted in this Performance Work Statement (PWS.)

The Maine Healthcare system, further identified in this document as “Togus VA,” is located in Augusta, ME.04330. Services to be provided include transportation to and from the Togus VA Medical Center, VA Community Based Outpatient Clinics (CBOCs), community hospitals in the state, and longer distance trips to destinations such as Medical Centers in Massachusetts with locations in Brockton, West Roxbury, Jamaica Plain, Bedford and Leeds MA. Travel may also be required to the VA Medical Center located in White River Junction VT. Most trips requested across state lines are to the VA Medical Centers identified.

The intent is to establish an “all inclusive” price to the greatest extent possible by establishing a fixed price per trip for routine transports. Base trips are defined as being within a 25-mile radius of the pick-up point. Therefore, pricing is established on a one way, per trip basis with additional line items to cover mileage over the 25-mile radius. Please see Contract Line Item (CLIN) schedule for further clarification.

Below are the locations of the VA Maine Healthcare System’s Community Based Outpatient Clinics (CBOCs.)

Caribou CBOC 163 Van Buren Rd, Ste. 6 Caribou, ME 04736 Houlton CBOC 20 Hartford Street Houlton, ME 04730

Ft. Kent CBOC 197 East Main Street Medical Office Building Fort Kent, ME 04743 Lewiston CBOC 15 Challenger Driver Lewiston, ME 04241

Portland CBOC 44 Fore Street Portland, ME 04101 Saco CBOC 655 Main Street Saco, ME 04072

Bangor CBOC 35 State Hospital St.

Bangor, ME 04401 Calais CBOC 50 Union Street Calais, ME 04619

Rumford CBOC 431 Franklin Street, Ste 2 Rumford, ME 04276

Bangor International Airport 287 Godfry Boulevard Bangor, Maine 04401

2. TASKING/SPECIFICATIONS

A. GENERAL: Contractor shall furnish twenty-four (24) hour BLS/ALS/SCT Ambulance Service for the beneficiaries of the VA Maine Healthcare System, further identified in this document as “Togus VA”. Services to be provided seven (7) days a week, nights, and holidays. Additionally, the contractor will provide an on-site manager to work with VA staff.

B. NUMBER OF PATIENTS: It is understood and agreed that only ONE patient will be transported on a trip unless specifically authorized by the VA. An authorized official of Togus VA may, in the interest of the patient, allow a relative to accompany him/her at no extra charge to the Government.

C. WAITING TIME: The Contractor will be reimbursed in accordance with the CLIN schedule for wait time in excess of one (1) quarter hour from the time the Contractor arrives at the designated location. If the pickup is other than at the VA Togus, the Contractor will call the Transportation Coordinator (7:00am – 4:00pm) or Medical Administration Assistant (after 4:00pm weekdays and weekends and holidays) as soon as they anticipate that a delay may develop for which they expect to claim reimbursement. This call is only for the purpose of verifying arrival time at the pickup point.

D. COMPLETED TRIP: When ambulance service under the terms of this contract involves pick-up of a patient who is to be brought to Togus VA or to another hospital and/or clinic for hospitalization or treatment, the trip will be considered complete when the patient is delivered by ambulance personnel to the admitting/evaluation unit, a specified ward or unit, or to the location specified at the time the trip is requested.

E. NON-PICKUP OF PATIENT (DRY RUN): When ambulance service involves a trip to or from Togus VA or transfer from community hospital or patient’s residence and patient refuses transport or due to unforeseen circumstances the patient is too unstable for pick-up, the Contractor will be reimbursed for the trip at the rates applicable under the schedule portion of this contract.

F. PROBLEMS IN TRANSPORT: Any adverse events or change to patient status incurred during the transport of our patients will be and reported to the 207-623-8411 ext. 4880 [Patient Care Coordinator (PCC)] at the VA Maine Healthcare System, Augusta, Maine and recorded in the Patient Incident reporting system within 24 hours of transport.

G. PATIENT WELFARE AND ABUSE: The contractor shall be held responsible for patient welfare and all patient and/or Government property during transport. Any damaged or lost wheelchairs, walkers, crutches or personal belongings will be replaced by the contractor at no additional cost to the Government or beneficiary. In the event a patient's condition worsens during transport, the Contractor shall transport the patient to the closest facility appropriate for the required care. In the event a patient should expire during transport the Contractor shall return to the VA Medical Center.

H. MEDICATION BOX: Emergency Medication Boxes shall be provided by the Contractor. Medications will be provided by Togus VA for those not approved by Maine EMS Protocol.

I. NO IDLE POLICY: At no time will the Contractor leave vehicles on VA premises unless a pick-up or delivery is in process. Once a patient has been removed from vehicle and properly secured with Emergency personnel, the running vehicle will be removed from the Emergency Department exit door to prevent environmental hazards due to exhaust fumes.

J. AUTHORITY TO OPERATE: Authority To Operate in the state of Maine must be obtained prior to award.

3. ORDERING PROCEDURES

A. Department of Veteran Affairs will provide the software and access to the VetRide Vendor Portal Software for the vendor/contractor in this contract. The Contractor will utilize the VetRide Vendor Portal as instructed to:

a) Receive and respond to electronic trip requests

b) Receive, use, and ensure the use of the Vendor pass by the driver.

c) Submit claims via the electronic HCFA 1500 in the VetRide Vendor Portal or VA-Approved Transportation Software system.

d) All invoices must be submitted within 30 calendar days of date of service in accordance with 38 CFR 70 to be considered timely submission.

i. The contractor’s invoice must be on the HCFA 1500 to include:

ii. Contract Number

iii. Date of Service (to include Box 24 A-J)

iv. Authorization number(s)

v. Pick-up and drop-off location of the patient

vi. Base Rate

vii. Name (Last, First and Middle Initial (if any)) and Full Social Security number (Box 1a) of patient transported

viii. Date of Birth and Sex

ix. Diagnosis Codes or Nature of Illness or Injury

x. Documentation of circumstances when billing for waiting time

xi. Any miscellaneous charges for which the contractor is expecting reimbursement i.e., Tool charges, waiting time, etc.

xii. VA authorizing official’s name

xiii. Healthcare Procedure Coding System/National Level II (HCPCS)

All patient pick-up(s) and drop-off(s) shall be authorized via “orders” which shall only be issued by the designated Ordering Officers. When placing orders for services, the Ordering Officer shall contact the designated contractor point of contact(s) to provide the following information:

· Mode of transportation required,

· Required time of arrival

· Name of the beneficiary,

· Pick-up and delivery point,

· Type and number of additional medical care specialists required,

· Type of equipment required,

· Last four of the patient's Social Security Number, and

· Any other special instructions

e) Unauthorized charges will be reviewed by the Contracting Officer Representative (COR) as to the validity of the charges and as to whether the payment will be made. A final determination will be made within 30 days after notifying the Contractor of the charges, which are being suspended.

Each transport shall include thirty (30) minutes of wait time; the contractor may invoice for wait times in excess of this initial thirty (30) minutes. Wait time shall begin only once the contractor has both reached the pick-up address location and the appointment time has elapsed. All wait times shall be itemized and invoiced in fifteen (15) minute intervals. For partial fifteen (15) minute intervals, zero (0) to seven (7) minutes shall be rounded down to zero (0) minutes and eight (8) to fifteen (15) minutes rounded up to fifteen (15) minutes.

When invoicing for mileage, the contractor shall round to the nearest mile. Mileage ending in .5 or higher shall be rounded up to the nearest mile. Mileage ending in .4 or lower shall be rounded down to the nearest mile. Payment for mileage to or from the point of care shall be limited to the VA’s calculation according to the VA’s Bing Maps API determination. Bing Maps API is optimized to determine mileage based on the shortest time of travel.

Long Distance Mileage — Payment for mileage outside the contract miles covered in the base rate, shall be at the mileage rate stated in the price schedule, and shall be based upon the miles from the pick-up point and the specified destination. Any mileage from the place of business and/or location of vehicle and the pick-up point, or from the delivery destination back to the place of business and/or location of next trip are not considered as a separate item of this reimbursement but would be expected to be incorporated into the mileage rate as part of the administrative costs (or costs of doing business).

Upon notification of the contracting officer, the vendor must receive training and begin implementation of invoices via Vet Ride within 30 days versus VA Tungsten Network e-Invoicing network. Invoices must be submitted via the electronic HCFA 1500 in the VetRide Vendor Portal or other VA approved software. These invoices shall not include patient information, but shall include the following:

· Contractor Name

· Contract Number

· Current Purchase Order Number

· Date of service

· Total amount invoiced including a summary of the total number of charges that align with the line items of this contract (i.e., total number of BLS Base Rate, total BLS Mileage incurred, etc.)

· An itemized list of charges or services rendered that align with the line items of this contract (i.e., BLS Base Rate, BLS Mileage incurred, etc.)

Payment by VA under this contract to a provider of ground ambulance transportation services authorized under this contract extinguishes any and all liability on the part of the VA BENEFICIARY for that transportation service. UNDER NO CIRCUMSTANCES ARE VA BENEFICIARIES, THIRD PARTY INSURANCES, MEDICARE, OR MEDICAID TO BE BILLED FOR THE SERVICES PERFORMED UNDER THIS CONTRACT.

B. Alternate procedures for transport will be made by telephone by the facility Transportation Coordinator (TC) or their designee. Names & phone extension of authorized personnel who can place and cancel orders will be furnished by the VA Togus.

C. If the VA Togus is unable to establish telephone contact with the Contractor for Basic Life Support (BLS) service within a reasonable time after receiving a request, the VA reserves the right to obtain the service from another source.

D. When delivering to or picking up a patient at Togus VA, the ambulance crew will:

E. Call 20 minutes prior to arrival at 207-623-8411 ext. 4880 or if NOT available: Call Operator at 207-623-8411 ext. 0;

F. Ambulance crew shall provide a verbal report to nursing staff along with a hard copy and electronic copy of the run sheet which will be retained by the facility for the patient’s medical record.

G. Transport of baggage with veterans will occasionally be required.

4. RESPONSE TIME

A. Response time for prescheduled trips: It is expected the Contractor will provide timely transport of patients for all preschedule trips. At the time of the request, the Contractor shall acknowledge their ability to provide the services at the pick-up time requested by Togus VA staff. If the contractor cannot provide the services for any reason, they must notify the Togus VA requestor and sub-contract the run if requested by Togus VA. The contractor shall not withhold notification for any reason.

B. Response time for unscheduled trips shall be agreed upon at time of the transport request based on patient location. Contractor shall pick up patient no later than 15 minutes after that agreed upon time. If the Contractor cannot provide the service for any reason, they must notify the VA requestor and sub-contract the run if requested by Togus VA. The contractor shall not withhold notification for any reason.

C. Upon request, the contractor shall furnish to the Togus VA information detailed in the contractor’s dispatch logs, electronic records or equivalent real time recording system, ambulance sheets, or other materials requested.

D. For emergent requests for ALS or SCT transport from Togus VA Emergency Dept to a local community hospital, should the Contractor determine that they are unable to provide this service within fifteen (15) minutes, the Contractor will inform Togus VA of their inability to meet the contractual needs immediately so that the Togus VA Emergency Dept. may call 911.

E. Under no circumstances shall the Contractor transport patients who call for their own transport.

5. GOVERNMENT OWNED EQUIPMENT OR SUPPLIES

Except for intravenous administration pumps, the Contractor shall not be permitted to borrow medical equipment from the VA Medical Center facilities. The Contractor shall provide all medications required while in transport, sheets and blankets, and other equipment and supplies required for use while in transport for direct patient care. An exception will be made for medications which are outside the realm of what is carried in the vehicle and are case-specific to the patient needs. Contractor shall not, under any circumstances exchange supplies, equipment and/or medications with VA Medical Centers (except for intravenous administration pumps, as determined by the transporting facility). The prices quoted in the Price/Cost Schedule of this contract shall be inclusive of consumables used in transport. Upon approval by the facility where patient is located and being transported from, the Contractor will be allowed to transport the intravenous administration pumps that are delivering a fluid or medication to a patient during transfer. The Contractor shall return the pumps to the lending facility within 72 hours of patient delivery.

6. 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 emergency medical transport vehicles. 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. Even though the vehicles are owned and operated by subcontractors, the Government reserves the right to inspect.

The Department of Veterans Affairs reserves the right to restrict the Contractor's use of equipment and vehicles which need repair, unclean, unsafe, damaged on the interior or exterior body, and are not in compliance with contract requirements. The restriction of such equipment and vehicles shall not relieve the Contractor from performing in accordance with the strict intent and meaning of the contract without additional cost to the Government.

Ambulances shall meet all current applicable Federal, State, and local specifications and regulations including, but not limited to, licensing, registration, and safety standards by the respective states of service.

Each vehicle shall be equipped at all times when transporting a patient in the performance of this contract with equipment as required by Federal 49 CFR Parts 27, 37 and 38, Transportation for individuals with Disabilities (most current volume), CDC Guidelines, and Local Laws, ordinances, codes, rules and regulations.

Each emergency medical care vehicle will have patient compartment facilities, oxygen and suction systems and equipment, environmental climate equipment, communications equipment, and any additional systems, equipment, accessories, and supplies as required by the state in which the vehicle is in operation.

Each advanced life support (ALS) vehicle will have certified paramedics, patient compartment facilities, oxygen, heart monitor, suction systems, and intravenous IV equipment, environmental climate equipment, communications equipment, and any additional systems, equipment, accessories, and supplies as required by the state in which the vehicle is in operation.

The contractor shall transport patients authorized for transport by the VA, which may include bariatric patients that may require more than one person to lift.

ALS vehicle shall, in conjunction with the above, also provide an on-board EMT-P, perform cardiac monitoring, provide Advanced Cardiac Life Support (ACLS) drugs and procedures, and perform advanced airway management and medication monitoring and administration. Advanced airway management means the ability to intubate a patient and provide appropriate respiratory care, including emergency cricothyroidotomy.

BLS vehicle shall, in conjunction with the above, also provide on-board EMT-B, perform basic airway management, and provide IV at KVO without additives.

All vehicles shall always be equipped to allow for direct communication 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.

The Contractor that is providing ambulance services shall provide oxygen when it is requested by authorized VAMC facility personnel or required by the patient's medical condition.

Vehicles shall be clean and maintained in good repair in accordance with manufacturer's instructions and specifications at all times during the performance of this contract and shall contain:

1. An emergency safety kit (e.g., bio-hazard spill kit; first aid kit; two flashlights; two sanitary blankets for patient comfort),

2. Fire suppression equipment

3. Appropriate road emergency warning equipment (e.g., reflective triangles).

4. Written emergency procedures.

5. Protective clothing required for the protection of contractor employees where patient care is expected or as CDC guidance directs, such as - i) gowns, ii) gloves, iii) masks, etc.

Failure by the contractor to maintain compliance with any of the provisions prescribed in this section for vehicles used in performance may be considered grounds for default of the contract.

7. PERSONNEL QUALIFICATIONS

(NOTE: ALL PERSONNEL SHALL MEET QUALIFICATIONS AS REGULATED BY MAINE EMS).

8. TRAINING REQUIREMENTS

A. Emergency Medical Technician-Paramedic (EMT-P) and Emergency Medical Technician-Basic (EMT-B) Qualifications. EMT-P and EMT-B providing services under this contract shall have the following qualifications, in addition to those required by Federal, State, and Local Government:

1. Have completed training in accordance with the standards published by the Department of Health and Human Services (HHS). Such training programs must also be acceptable under the regulating requirements for local EMS Systems supported by DHHS under PL 93-154.

2. Shall submit evidence of equivalent training program successfully completed to the COR upon request.

3. Shall attend (at the expense of the contractor) all refresher continuing education, or advance training programs as required by the local or state government entity in which service is rendered. In no instance shall this be less frequent than every two (2) years. Such refresher training shall be equivalent to that developed by the Department of Transportation, National Highway Safety Administration.

4. The contractor shall provide its employees with certified training for ventilator operation as there may be a need to transport a stable, non-emergent transport for a patient who is on a ventilation system.

9. CONTRACT ADMINISTRATION

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 will affect the price, quantity, quality, or delivery terms of this contract

10. 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.

11. 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. 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.

12. 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, patient’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.

13. SERVICE CONTRACT ACT OF 1965

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 § 4.155:

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.

DOL wage determinations apply to the awarded contract. It is the Contractor’s responsibility to obtain the correct wage information. Wage Determinations are available from the Department of Labor at beta.SAM.gov

14. NATIONAL HOLIDAYS

The eleven holidays observed by the Federal Government are: New Year’s Day; Washington’s Birthday; Martin Luther King’s Birthday; Memorial Day; Juneteenth; Independence Day; Labor Day; Columbus Day; Veterans Day; Thanksgiving Day; Christmas Day; or any other day specifically declared by the President of the United States to be a national holiday.

15. HIPAA COMPLIANCE

A. 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.

B. 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.

C. 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, patient 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.

16. CONTRACTOR’S QUALITY CONTROL PROGRAM (QCP)

The contractor shall establish and maintain quality control program to ensure all contract requirements are met. The Contractor’s QCP shall include the following or have incorporated into during performance of the contract, at a minimum:

A. An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis and how often inspections will be accomplished and documented, and the title of the individual(s) who will perform the inspections.

B. On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any and/or each inspection.

C. The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

D. The contractor shall maintain on-site records of all vehicle maintenance and repairs performed on vehicles used in the performance of this contract. The contractor shall institute methods to identify and prevent vehicle breakdowns, with detailed procedure for alternative transportation of patients in the event of mechanical breakdown of vehicle.

E. The contractor shall maintain on-site records documenting satisfactory background checks, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

F. The contractor shall have methods of identifying and preventing communication breakdowns and provide a detailed procedure for alternative communications in the event of electronic and mechanical breakdown.

G. The contractor shall maintain on-site records of any complaints or problems with procedures taken to allow for corrections and/or elimination before effects caused interruption of contract performance.

H. The contractor shall participate in quarterly scheduled and/or unscheduled conference calls with the VA representatives to provide a report of on-going operational issues.

I. The contractor shall have a system that verifies the licenses and driving records of individuals operating the vehicles. The contractor shall make this information available for review by the VA upon request.

17. PERFORMANCE STANDARD

Contractor must maintain a 99% satisfaction rate per 100 scheduled trips to be considered as providing acceptable performance. Acceptable performance is considered as having no more than one (1) valid complaint per 100 scheduled trips. The validity of any complaint shall be determined by the COR before being marked against contractor performance. Valid complaints in excess of 1% per quarter may be grounds for termination (FAR Clause 52.212-4(m)). Performance tracking will be monitored by the COR on a quarterly basis.

18. COVID-19 TESTING

Contractor shall be responsible for ensuring that employees (including employees who have been vaccinated) are routinely tested for COVID-19 and take every precaution necessary to prevent COVID-19 positive contact with VA patients. The Government reserves the right to request or review current procedures at any time.

19. TUBERCULOSIS TESTING

A. Contractor must provide evidence of negative PPD test within fourteen (14) calendar days prior to an employee with direct patient contact beginning service and annually thereafter.

B. Contractor must provide medical evidence that employee is disease free for those employees having a positive PPD.

C. In no circumstance will an employee or driver be allowed to begin duty without prior submission of the required testing certification.

20. HEPATITIS B VACCINATION

A. 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.

B. Contractor shall bear all costs associated with vaccinations.

C. 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.

21. JOINT COMMISSION FOR ACCREDITATION OF HEALTH CARE ORGANIZATIONS (JCAHO) COMPETENCY REQUIREMENTS

A. The contractor shall be responsible to ensure that his/her employees coming to the work site shall receive the information required to perform their duties.

B. Contractor shall attend a pre-work orientation meeting prior to the commencement of work onsite. The VA shall schedule this meeting and it shall include discussion of the following topics: Fire and Safety, Infection Control and Disaster procedures.

C. Contractor shall be responsible to ensure his/her employees who are providing work on this contract are fully trained and completely competent to perform the required work.

22. INFECTION CONTROL COMPLIANCE

A. 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.

B. The infection control compliance requirements apply to Contractor employees providing services during any absence from duty of scheduled employees for any reason.

C. 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

23. CONTRACTING WITH PARTIES LISTED ON THE OIG LIST OF EXCLUDED INDIVIDUALS/ENTITIES

A. 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.

B. 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 not excluded. The Contractor should note that any excluded individual or entity that submits a claim for reimbursement to a Federal health care program, or causes such a claim to be submitted, may be subject to a Civil Monetary Penalty (CMP) of $10,000 for each item or service furnished during a period that the person or entity was excluded and may also be subject to treble damages for the amount claimed for each item or service. Damages may also be imposed against health care providers and entities that employ or enter into contracts with excluded individuals or entities to provide items or services to Federal program beneficiaries.

C. By performing services under this contract the Contractor certifies that they have reviewed the OIG List of Excluded Individuals/Entities and that no Contractor Employees or Subcontractors used in the performance of this contract are listed as excluded individuals or entities.

24. CONTRACT DEFINITIONS AND ACRONYMS:

Advanced Life Support (ALS) - ALS shall be provided by ambulance vehicles containing at a minimum an on-board EMT-P, cardiac monitoring, Advanced Cardiac Life Support (ACLS) drugs and procedures, advanced airway management and medication monitoring and administration. Ambulances for ALS services shall be staffed, certified and licensed in accordance with current laws and regulations governing the certification and licensure of private ambulances by the respective states of service, and all ALS services shall be in accordance with current laws and regulations by the respective states of service.

Base Rate – The Base Rate shall constitute full compensation for one-way trips which do not exceed the “Mileage Threshold” as shown in Section B for the VAMC.

Basic Life Support (BLS) - BLS is defined as services required for non-critical patient care in which patient requires an ambulance, which has been staffed, certified, and licensed in accordance with current laws and regulations governing the certification and licensure of private ambulances by the respective states of service, and all BLS services shall be in accordance with current laws and regulations by the respective states of service. The ambulance at a minimum shall be staffed with a vehicle operator and an Emergency Medical Technician (EMT) - Basic Ambulance, and with basic airway management and IV's at KVO (keep vein open) without additives.

Beneficiary – Veterans and other members determined to be eligible for benefits by the VA.

Contracting Officer (CO) – VA official with the authority to enter, administer and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR) – VA official responsible for providing contract oversight and technical guidance to the Contracting Officer. Responsibilities include certification of invoices, placing orders for service, providing technical guidance, overseeing technical aspects of the contract. All administrative functions remain with the Contracting Officer.

Contractor – The term “Contractor” as used herein refers to both the prime Contractor and his/her employees, and any subcontractors and their employees. The Contractor shall be responsible for assuring that their subcontractors comply with all terms, conditions and provisions of this contract.

Medical Administrative Assistant (MAA) – VA official that works in the admissions area during evenings, and monitors hospital activities during other than normal working hours. This person acts as hospital administrator during off-hours.

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.

Rate - 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 this contract action.

Rural Area - The Census Bureau defines rural as any population, housing, or territory NOT in an urban area. Thus, having a population under 2,500 inhabitants.

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 1:00 p.m. the prior business day) of required services and a specific pick-up time and location.

Specialty Care Transport– SCT is defined as services required for critically ill patient care in which patient requires an ambulance, which has been staffed, certified, and licensed in accordance with current laws and regulations governing the certification and licensure of private ambulances by the respective states of service, and all CCT services shall be in accordance with current laws and regulations by the respective states of service. The ambulance at a minimum shall be staffed with a vehicle operator and an Paramedic Interfacility Transfer (PIFT) - and with advanced life support airway-endotracheal intubation; Magill forceps for foreign body airway obstruction; drug and medication administration as approved by the Board and as allowed by Maine EMS protocol; and other techniques and practices approved and published by the Board.

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.

Urban Area - The Bureau of the Census defines urban as comprising all territory, population, and housing units located in urbanized areas and in places of 2,500 or more inhabitants

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.

Waiting - Waiting as used in this contract is defined as the time required and verified by authorized medical facility personnel.

Waiting Grace Period - The waiting grace period is defined as fifteen (15) minutes prior to the start of the “Waiting Time” which begins fifteen minutes following the Contractor’s arrival at the location of patient pick up. This grace period is free of charge to the VA.

Records Management Language for Statement of Work (SOW):

The following standard items relate to records generated in executing the contract and should be included in a typical procurement contract:

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 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.

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.

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.

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.

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.

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

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 sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by…