36C24219Q0317-001.docx

36C24219Q0317

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. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

528-19-3-7750-0021 36C24219Q0317 02-20-2019 Harsch, Michelle Michelle.Harsch@va.gov 585-297-1460 x72469 03-20-2019 3:00pm Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X 485991 $15 Million X N/A X Department of Veterans Affairs Upstate NY Healthcare System Syracuse VAMC 800 Irving Avenue Syracuse NY 13210 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network http://www.tungsten-network.com/us/en /veterans-affairs

See CONTINUATION Page Wheelchair and Stretcher Van Transport Services for Syracuse VAMC as specified in the Statement of Work included herewith.

See CONTINUATION Page 528-3690160-7750-829800-2580 0100C0C86 X X X One Michelle A. Harsch Contracting Officer

Table of Contents

B.2 STATEMENT OF WORK…………………………………………………………………….5

B.3 PRICE SCHEDULE………………………………………………………………………….12

B.4 PRICE WORKSHEET……………………………………………………………………….17

D.1 WAGE DETERMINATION…………………………………………………………………47

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 36C242 Michelle A. Harsch

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.

Tungsten Network http://www.tungsten-network.com/us/en/veterans-affairs

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

B.2 STATEMENT OF WORK

A. General Scope Contractor shall provide wheelchair/stretcher van transportation services on an “as needed” basis for non-emergency transportation of eligible wheelchair patients who are Veteran beneficiaries of the Department of Veterans Affairs Medical Center, Syracuse VAMC (SVAMC), Oswego, Auburn, Binghamton, Freeville, Rome, Massena and Watertown VA Outpatient Clinic (OPC). Services shall be in accordance with all specifications, schedules, terms and conditions set forth in this Statement of Work. Services may be required from 6AM to 10PM, 7 days per week, including holidays. The contractor shall provide all manpower, equipment, vehicles, fuel, materials, supplies and supervision necessary to perform all required tasks

1. Definition:

Wheelchair Patient – is a non-emergency VA beneficiary who is confined to a wheelchair or scooter, using a wheelchair or scooter for mobility or with mobility impairments that prevent the use of normal modes of transportation such as car, van or taxi. A VA facility clinician shall determine the patient’s need for wheelchair transport.

2. Period of Performance: Contractor shall provide all vehicles, personnel, management, equipment and reports necessary to provide transportation as described in this Statement of Work and Price Schedule. The base period of performance is expected to be May 1, 2019-April 30, 2020.

3. Flat Payment Rates: Payment for trips shall be computed in accordance with the following guidelines:

(a) Contractor shall be paid a flat rate for trips to the following locations and the Syracuse VAMC or any of its Community Based Outpatient clinics: Buffalo VAMC; Canandaigua VAMC; Albany VAMC; Bath VAMC; Batavia VAMC. Flat rates for these trips are based on one-way transport when vehicle is loaded with a patient. The VA may require the contractor to wait for the patient at the destination, and then drive the patient back to the pickup point or to another destination as one trip. The Contractor would then be paid the flat rate for the initial trip, waiting time and the flat rate for the return or additional trip. The VA shall, whenever possible, indicate in advance if the driver is to wait and return, or further transport the patient. Any transport trip that is ordered on a one-way basis may be converted to a two-way trip, if circumstances warrant.

(b) For destinations other than those described in paragraph (a), the contractor shall be paid a flat rate based on the mileage for a trip. Mileage shall be calculated from the designated point of patient pickup and the designated point of patient drop off.

(c) Trips may be cancelled by the VA, if a trip is cancelled while a vehicle is enroute to pick up a patient, the contractor shall be entitled to receive 50% of the flat rate for the trip. If a trip is cancelled after a vehicle has reached the designated point of patient pickup, or if the contractor is unable to perform a scheduled pickup due to reasons beyond the Contractor’s control (for example, contractor was given an incorrect address, patient is absent, or patient refuses transport), the contractor shall be entitled to receive 100% of the flat rate for the trip. The contractor shall not be entitled to a cancellation fee when cancellation is made prior to dispatch of a vehicle.

(d) The pricing provided shall include all additional charges, such as ferry, bridge, tunnel or road toll charges, fuel and other maintenance costs, and the contractor shall not be entitled for separate reimbursement of such charges. Drivers may not accept tips from any riders.

(e) The VA Medical Center shall use internet-based “Bing Maps” to verify mileage. Allowable charges for mileage shall not exceed the Bing Maps calculation of the “shortest distance” between the pick-up point and the drop-off point.

4. Waiting Time:

(a) For scheduled or unscheduled trips, waiting charges shall commence 15 minutes after the time the Contractor arrives at the designated pickup point and/or delivery point. Contractor shall be reimbursed at the rate of one-fourth (1/4) the flat rate price quoted for each quarter hour or fraction thereof in excess of one hour from the time he reports to the designated person until such time the patient is loaded.

(b) If the designated pickup and/or delivery points are at other than VA Medical Center facilities and waiting beyond the 15-minute grace period is anticipated, the Contractor shall notify the Patient Travel Coordinator (or designee) during regular business hours, or the Administrative Officer of the Day (AOD) during off-tour hours. This call shall be for the purpose of verifying the Contractor’s time of arrival at the pickup and/or delivery points. The Contractor’s failure to give notice of a delay beyond the grace period will result in loss of entitlement to be reimbursed for waiting time.

5. Escort/Caregiver: The VA reserves the right to have an escort, such as a relative, caregiver, or VA staff to accompany a Veteran beneficiary when the VA determines that such an escort is in the best interest of the beneficiary. The VA shall be the sole judge in determining when an escort/caregiver is required. The contractor may be required to return the escort/caregiver back to the point of trip origin at no additional charge should the patient be admitted. There shall be no additional charge to the VA when an escort/caregiver is authorized to travel with the beneficiary.

(a) For all pickup and delivery of patients to appropriate destinations, the contractor shall ensure the patient is taken directly to his or her appointment location. Contractors shall pick up the patient from the patient’s appointment location. For inpatient transports, the contractor shall pick up and drop off the patient at the place of inpatient admission, i.e. the ward where the patient has a bed assigned. For inpatient to inpatient transports, the contractor shall meet and bring the patient to the previously determined and provided pick up and drop off locations.

6. Contractor Provided Attendants: Prices for patient transport include the services of a qualified driver who shall normally act as the attendant. Upon request of the VA, the contractor shall provide an attendant, in addition to the driver, to accompany a beneficiary. The VA will notify the contractor in advance if an attendant is required. The contractor shall ensure that each attendant is trained and qualified to perform the duties required. The Contractor shall be entitled to a flat rate charge for attendants provided. The Contractor shall only be reimbursed for the services of an attendant that is authorized in advance. The use of an attendant may otherwise be known as “2-man assist.”

7. Substitution of Beneficiary: The VA reserves the right to substitute the beneficiary requiring services at any time during the performance of the contract. There shall be no additional charge to the VA when such changes are made.

8. Number of Patients: The contractor may be required to transport up to two (2) wheelchair patients on a single trip. When more than one patient is transported, the contractor shall be paid the flat rate for the patient being transported the longest distance, plus an additional amount for each additional patient transported equal to the lesser of - the full base rate for the trip being provided for that additional patient, or one-half (1/2) of the base rate for the patient being transported the longest distance. The contractor shall schedule pickups and drop offs in the way that is most economical for the VA.

9. Procedure for Requesting Services: The VA may order services by telephone, facsimile or in person. Each request for service shall include the following information:

(e) Type and number of attendants required (see A.5 above for further information);

10. VA Personnel Authorized to Request Services: The VA shall provide the contractor with a list of names or position titles and phone numbers of persons authorized by the VA to request services. Any changes to the list shall be promptly provided by the VA to the contractor. Any services rendered by the contractor in response to anyone not included on the list as authorized personnel shall be at the risk of the contractor, and any cost related thereto shall be borne by the contractor.

11. Contractor Point of Contact: The contractor shall maintain a method for the VA to contact a designated point of contact capable of receiving communications between 6AM and 10PM, 7 days a week, including holidays, such as monitored e-mail, fax, telephone service or an Internet web-base.

12. Business Hours/Days: Business hours/days are defined as the time of 7:00 a.m. to 4:00 p.m., Monday through Friday, except Federal holidays.

Federal holidays include:

New Year’ Day, Martin Luther King Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day and any other day(s) specifically designated by the President of the United States to be national holidays.

Off Business hours/days are defined as the time of 4:01 p.m. to 6:59 a.m., Monday through Friday, including all day Saturday and Sunday and Federal holidays.

13. Response Times: The contractor shall be on site for scheduled pick-ups at the scheduled pick-up time. The contractor shall respond to all unscheduled calls for wheelchair transportation service by being on-site at the designated point of pick-up within 60 minutes of notification. If the contractor anticipates that it will not be possible to meet the 60-minute pickup time frame for an unscheduled trip (for example, when the location of veteran beneficiary will make it physically impossible to perform a pickup in the required time frame), the contractor shall contact the VA PTC (or designee) (during regular business hours), or the AOD (during off-tour hours) and inform him/her of the anticipated time required for pick-up and delivery of the patient. If the contractor fails to furnish service within the required response times, the VA reserves the right to obtain service from another source.

Repeated failure to meet required response time may result in termination of the contract or discontinuance of further orders. Response times will be calculated from the contractor’s receipt of telephonic or faxed trip request.

14. Trip Documentation: The contractor shall document each transport in writing specifying the date, patient name, time of pick up, destination, time of drop off, pick up and drop off addresses, mileage of trip, and all other pertinent trip information (such as noting if additional medical equipment, such as oxygen, was in use, whether any abnormal circumstances occurred, etc.).

15. Treatment/Mistreatment of Patients: Contractor employees shall be courteous to and considerate of VA beneficiaries. Any substantiated incidents of mistreatment of patients by contractor employees in the performance of the contract may be cause for termination of the contract or discontinuance of further placement of orders. The VA reserves the right to require that a contractor employee not be used to provide any further patient transport services under the contract if mistreatment of a patient is substantiated.

16. Motor Vehicle Accidents/Injury to Patients: The contractor shall immediately notify the VA of any incidents or accidents involving injury to VA patients during transport. The contractor shall promptly (within 24 hours of the occurrence) complete and submit to the COR a detailed incident report. Motor vehicle accidents occurring during patient transport must all be reported even if there is no immediately apparent injury to the patient(s) being transported.

17. Notification of Patient Complaints: The contractor shall notify the COR, in writing within 24 hours of any complaints made by the patients with regards to the wheelchair van service. The contractor may provide recommendations for improved services along with the patient complaints for the VA’s review. No recommendation shall be construed as being effective until and unless it is provided as a written modification to the contract from the Contracting Officer.

18. Transport Vehicles:

(a) Vehicles furnished under the terms of this contract shall be designed to hold wheelchair patients. Each vehicle shall be equipped for emergency first aid and must meet VA, ADA and NY State minimum standards for maintenance and staffing of non-emergency van vehicles for wheelchair patient transport.

(b) Each vehicle shall be of model and make to insure safe and comfortable transportation of the patient including sufficient headroom to accommodate the patient. Each vehicle shall be equipped with additional extension belts at all times to accommodate patients in excess of 300 pounds.

(c) Each vehicle shall be clearly marked with the Contractor's name and/or logo.

(d) Each vehicle must have one operational wheelchair on board at all times. Vehicles shall have a locking device to hold the wheelchair securely, and shall provide for safe and easy access to the interior of the vehicle. Patients shall not be transported until properly secured.

(e) The Contractor shall have vehicle(s) available for the transportation of patients in excess of 300 pounds in weight, and any accessory equipment (e.g. electric scooter), if requested by the VA Medical Center. The vehicle(s) shall be equipped with appropriate lift/safety equipment to ensure the patient’s safety and comfort while entering, traveling in, and exiting the vehicle.

(f) Vehicles shall be equipped with functioning air conditioning and heat to ensure patient comfort and be equipped with radios or similar communication devices for patient safety.

(g) All transport vehicles used by the contractor under this contract must have current valid inspection, registration, and insurance as required by applicable Federal, State and/or local laws.

(h) Contractor shall ensure that vehicles are kept clean and in a state of good repair at all times to ensure a clean and safe environment for Veteran beneficiaries.

(i) The VA reserves the right to inspect vehicles at any time. The VA may accept or reject any vehicle as determined by the VA inspection team.

(j) Certification of Minimum Liability Insurance Coverage – A certificate of insurance as evidence of insurance coverage is required prior to providing any services to the medical facilities (ref. VAAR 852.237-71). Thereafter, all changes shall be submitted within (10) days after changes occur during the term of the contract.

20. Contractor’s Quality Control Program (QCP): The Contractor shall establish and maintain a complete QCP to assure compliance with the requirements of this contract. The Contractor’s QCP shall, at a minimum, include the following:

(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, how often inspections will be accomplished and documented, or 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) Incorporation of either active or established internal policy or procedures for updating medical service protocols that may affect contract performance.

(d) Method 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 to ensure total acceptable performance.

(e) On-site records of all vehicle maintenance and repairs performed on vehicles used in the performance of this contract. These will include the method of identifying and preventing vehicle breakdowns, and a detailed procedure for alternative transportation of patients in the event of mechanical breakdown of vehicle.

(f) On-site records of background checks performed on Contractor employees, as well as performance evaluations and certifications of ongoing training for each employee performing services under this contract.

(g) The method of identifying and preventing radio communication breakdowns; a detailed procedure for alternative communications in the event of electronic and mechanical breakdown of vehicle two-way radios or other onboard communication equipment.

(h) A log to account for all requests for service. The log shall indicate, at a minimum, the date and time of service call, name of beneficiary requiring services, type of transportation requested, designated pick-up and delivery points, actual time of arrival at pick-up and delivery points and actual waiting time at pick-up and delivery points, if waiting charges are claimed.

(i) On-site records of any complaints or problems pertaining to contract performance, including information about any corrective actions planned and taken to correct or eliminate future recurrences of such problems.

21. Miscellaneous Contract Requirements:

(a) At no time shall the Contractor leave vehicles on VA premises unless a pick-up or delivery is in process.

(b) Contractor employees shall conduct themselves in a businesslike manner at all times while on VA premises and while transporting VA beneficiaries. Contractor employees shall conform to all regulations, Federal, State and local, governing the performance of the contracted services. A NO SMOKING policy shall be strictly observed and enforced by contractor employees in the vans. Contractor employees shall not smoke on VA property.

(c) Patients are permitted to bring a reasonable amount of equipment; such as a folding wheelchair, consumable medical supplies and personal suitcase; with them during van transport. When transporting patients, the driver acting for the Contractor shall ensure the patient’s luggage, medical records, medications, and prosthetic devices are properly accounted for and delivered with the patient as required.

22. Attendant/Driver Qualifications and Standards of Conduct:

(a) All attendant/drivers shall be courteous and treat each passenger with dignity and respect. Attendants/drivers must have successfully completed the Standard and Advanced First Aid Courses of the American Red Cross or equivalent. Proof in the form of a current certificate that such first aid training has been successfully completed must be made available upon VA request.

(b) The Contractor shall maintain a record of each employee as to character and physical capabilities of performing the duties of a driver and/or attendant, and such records be made available for inspection upon VA request.

(c) All attendants/drivers shall maintain a neat and clean appearance while on duty, and must wear uniforms with nametags affixed clearly identifying them as the Contractor's employee.

(d) The Contractor shall conduct training, at least annually, for its employees, including safety training, training in the courteous and appropriate treatment of Veteran beneficiaries and information about contract procedures and policies. A record of such training shall be maintained by the Contractor and made available for inspection upon VA request.

(e) Each driver must, at a minimum:

· Possess a valid driver’s license for the class of vehicle driven;

· Be at least 18 years of age and have not less than one year’s experience as a licensed driver.

· For the past three years:

· Not have had a driver’s license cancelled or suspended;

· Have a driving record clear of convictions for operating a motor vehicle without insurance;

· Have a driving record clear of convictions for driving a motor vehicle without a valid license to drive the class of vehicle driven;

· Have a driving and criminal record clear of convictions for driving under the influence of alcohol or a controlled substance;

· Have a criminal record clear of convictions for crimes against persons that a reasonable related to providing assistance to medical patients or other persons with special needs.

B.3 PRICE SCHEDULE

Base Period: May 1, 2019-April 30, 2020

1. RATE FOR WHEELCHAIR VAN

Flat rate for trips 1-5 miles Per trip

2. RATE FOR STRETCHER VAN

Per trip

3. RATE per MILE for Trips over 5 Miles

Per mile

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

Option Period 1: May 1, 2020-April 30, 2021

1. RATE FOR WHEELCHAIR VAN

Per trip

2. RATE FOR STRETCHER VAN

Per trip

3. RATE per MILE for Trips over 5 Miles

Per mile

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

Option Period 2: May 1, 2021-April 30, 2022

1. RATE FOR WHEELCHAIR VAN

Per trip

2. RATE FOR STRETCHER VAN

Per trip

3. RATE per MILE for Trips over 5 Miles

Per mile

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

Option Period 3: May 1, 2022-April 30, 2023

1. RATE FOR WHEELCHAIR VAN

Per trip

2. RATE FOR STRETCHER VAN

Per trip

3. RATE per MILE for Trips over 5 Miles

Per mile

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

Option Period 4: May 1, 2023-April 30, 2024

1. RATE FOR WHEELCHAIR VAN

Per trip

2. RATE FOR STRETCHER VAN

Per trip

3. RATE per MILE for Trips over 5 Miles

Per mile

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

B.4 PRICE WORKSHEET*

*To be used for price evaluation only.

Base Period: May 1, 2019-April 30, 2020

QTY

1. RATE FOR WHEELCHAIR VAN

Flat rate for trips 1-5 miles

2. RATE FOR STRETCHER VAN

3. RATE per MILE for Trips over 5 Miles

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

TOTAL PRICE (Base Year) Items 1 thru 16: $

QTY

1. RATE FOR WHEELCHAIR VAN

Flat rate for trips 1-5 miles

2. RATE FOR STRETCHER VAN

3. RATE per MILE for Trips over 5 Miles

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

TOTAL PRICE (Option 1) Items 1 thru 16: $_________________________

Option Period 1: May 1, 2020-April 30, 2021

Option Period 2: May 1, 2021-April 30, 2022

QTY

1. RATE FOR WHEELCHAIR VAN

Flat rate for trips 1-5 miles

2. RATE FOR STRETCHER VAN

3. RATE per MILE for Trips over 5 Miles

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

TOTAL PRICE (Option 2) Items 1 thru 16: $_________________________

Option Period 3: May 1, 2022-April 30, 2023

QTY

1. RATE FOR WHEELCHAIR VAN

Flat rate for trips 1-5 miles

2. RATE FOR STRETCHER VAN

3. RATE per MILE for Trips over 5 Miles

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

TOTAL PRICE (Option 3) Items 1 thru 16: $_________________________

Option Period 4: May 1, 2023-April 30, 2024

QTY

1. RATE FOR WHEELCHAIR VAN

Flat rate for trips 1-5 miles

2. RATE FOR STRETCHER VAN

3. RATE per MILE for Trips over 5 Miles

PROVIDE FLAT RATES ONE WAY FOR WHEELCHAIR TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

PROVIDE FLAT RATES ONE WAY FOR STRETCHER TRIPS TO THE FOLLOWING AREAS FROM SYRACUSE VAMC to:

TOTAL PRICE (Option 4) Items 1 thru 16: $_________________________

TOTAL (Base plus 4 Option Periods) $_____________________________

Page 1 of Page 1 of

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act…