36C24221Q0452.docx

36C24221Q0452

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

561-21-3-482-0019 36C24221Q0452 02-0 -2021 Harsch, Michelle Michelle.Harsch@va.gov 716-862-7373 03-0 -2021 3:00pm

EST

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 X 621910 $16.5 Million N/A X Department of Veterans Affairs New Jersey Healthcare System East Orange and Lyons Campuses 385 Tremont Avenue East Orange NJ 07018 Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network http://www.tungsten-network.com

See CONTINUATION Page Basic Life Support (BLS) and Specialty Care Transport (SCT) ambulance transports for eligible Veteran beneficiaries as specified in the Statement of Work (SOW) included herewith.

See CONTINUATION Page 561-3610160-482-829800 010041086 X X X Cheryl Brimmer Contracting Officer Table of Contents

B.2 STATEMENT OF WORK………………………………………………………………….4

B.3 PRICE SCHEDULE……………………………………………………………………….14

D.1 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)…………………………..42

D.2 WAGE DETERMINATIONS……………………………………………………………..42

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 Cheryl Brimmer Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road, Suite 3500 Cheektowaga NY 14227

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

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

B.2 STATEMENT OF WORK - Basic Life Support (BLS) and Specialty Care Transport (SCT) Ambulance Transport Services

DESCRIPTION

Contractor shall provide all required labor, material, equipment and supervision of contractor personnel for Basic Life Support (BLS) and/or Specialty Care Transport (SCT) Ambulance Services. The contractor shall conform to all regulations of Federal, State and local governing in the performance of ambulance transport services including the Federal Department of Transportation Regulations at 49 CFR Part 391.11-391.13. The contractor shall furnish 24-hour, 7 days per week, 365 days per year ambulance transport services for eligible Veteran beneficiaries of the Department of Veterans Affairs, New Jersey Healthcare System:

(732) 729-0646

BASIC LIFE SUPPORT AMBULANCE (BLS): shall be defined as an Ambulance Service that includes the necessary equipment to render basic emergency medical care and services as outlined by the New Jersey Office of Emergency Medical Services in accordance with N.J.A.C 8:40 "Mobility Assistance Vehicle and Basic Life Support Ambulance Service."

SPECIALTY CARE TRANSPORT (SCT): shall be defined as a mode of ambulance transportation designed for individuals who need specialized medical monitoring and intervention by a critical care transport nurse during the transport as outlined by the New Jersey Office of Emergency Medical Services in accordance with the standards set forth at N.J.A.C. 8:41.

SERVICE AREA: State of New Jersey

REQUIRED SERVICES:

Government Responsibility

VA is responsible for determining the type services required, ordering the required services and monitoring the performance of the contractor. It is the policy of the VA New Jersey Healthcare System (VANJHCS) to provide transportation to eligible Veterans in need of receiving healthcare in accordance with beneficiary travel regulations and established procedures.

Contractor Responsibility

A. The Contractor shall transact business as specified in this Statement of Work with the Contracting Officer (CO) and/or the Contracting Officer's Representative (COR). Under no circumstance shall the contractor deal directly with or solicit from beneficiaries of the VA.

The Contractor shall furnish linen and blankets for use in the ambulance. Clean and fresh linen and blankets must be used for each patient to specifications as follows:

Two (2) sheets, disposable or cloth Two (2) pillowcases, disposable or cloth for each pillow Two (2) cloth towels

Contractor shall maintain all vehicles in a clean and orderly condition, free from debris and any accumulations which may constitute an accident, injury, or fire hazard.

B. Scheduling/Coordination - Requests may be submitted by telephone, facsimile, mail, e-Mail, or in person by giving a written request. Requests shall be made by designated individuals who are authorized representatives of the VA to request BLS and SCT ambulance services. These include the Veterans Transportation Service, Travel Clerks, Contracting Officers Representative (COR), Mobility Manager, or Administrative Officer on Duty (AOD). The request for service shall include the time and location for pick-up and drop-off of the patient.

1. If the Contractor fails to furnish ambulance services within one hour after receiving a request for service, the VANJHCS reserves the right to obtain the services from another source where the contractor shall be responsible for any excess costs over the contracted rates.

2. When conditions, neither foreseeable and/or controllable by the Contractor occur such as, but not limited to, severe storms, flooding, hazardous road and travel conditions, time and distance requirements shall be considered secondary to safety precautions. Delays or exceptions to the required quality of services shall be reported to the Veterans Transportation Service-Travel Department, Office of the Chief Mobility Manager, or the Administrative Officer of the Day (AOD-during off hours) for reporting to the Contracting Officer. The Contracting Officer shall decide if such delays in service will be excused.

b. The Contractor shall ensure that the pickups and drop-offs are scheduled so that the total distance traveled shall result in the most economical charge to the Government

4. Adherence to schedules is of the utmost importance. The Contractor shall pick up the patient as near to the scheduled pickup time as possible. If the Contractor arrives earlier than the scheduled pick up, the driver shall wait at the pickup location until 15 minutes past the scheduled pickup time before calling the dispatcher for instructions.

a. The Contractor shall be required to maintain 95% On-Time performance. Trips shall be considered "On-Time" if they arrive at the destination on or before the scheduled arrival time.

b. The dispatcher shall contact the authorized VA representative to allow resolution of the delay and approval of additional wait time.

C. Unless specifically authorized by the COR after consultation with the Contracting Officer, the driver is to take the shortest distance available. The Contractor shall be reimbursed accordingly if advised to take the most expeditious route regardless of mileage.

D. If a BLS unit is requested and dispatched and after arrival at the pickup point, the crew feels an SCT is needed, approval must be granted by the COR after consulting the Contracting Officer prior to transporting the patient if SCT rates apply.

E. The Contractor shall report to the COR all vehicle breakdowns or other problems that may cause service disruptions immediately.

F. Trip tickets for all transports shall be submitted to the COR within 24 hours of the transport for records and to verify invoices.

G. The Contractor must confirm all transports prior to arriving for pick up.

ORDERS FOR SERVICE:

A schedule shall be provided (1) one day prior to patient transport. Requests for services shall be made by e-Mail, telephone or in writing by facsimile machine by the COR and/or Veterans Transportation Service, Travel Clerks, Contracting Officers Representative (COR), Mobility Manager, or Administrative Officer on Duty (AOD). The Contractor shall, at all times during the contract period, have on his/her premises a functioning fax machine to communicate requirements with the VA (i.e. requests for service, patient incidents, special correspondence, etc.).

Contractor must notify the Contracting Officer's Representative (COR) and/or designated VAMC personal at least eight (8) hours in advance of need when Contractor believes he/she may be unable to meet the number of scheduled trips required.

For emergency transports called in the same day, if the Contractor fails to furnish service within thirty (30) minutes after receiving the transport request, the VA reserves the right to obtain the service from another source and the Contractor will be subject to the penalty referenced in the Quality Assurance Surveillance Plan. The Contracting Officer shall be the sole judge in determining when to order service from another source. In the case of inclement weather, the decision whether a VA beneficiary will be transported shall be made mutually by the COR or designee and the Contractor.

PATIENT PICKUP AND DELIVERY

A. Ambulance drivers shall report to the floor where the Veteran patient is located. The VA East Orange and Lyons Medical Center campuses are staffed 24 hours a day, 7 days a week. The Contractor shall follow the following protocol:

1. Report to the personnel at the respective nursing Station and (1) announce his/her arrival to pick up and transfer patient, and (2) obtain report of pertinent information regarding patient's condition from primary nurse/physician.

2. When delivering a patient to the VA, check in at the assigned floor before proceeding to take the patient to the specified location in the facility and provide a report to the appropriate nursing personnel along with a copy of the run that will be retained by the facility for the patient's medical record.

3. VANJHCS reserves the right to substitute the beneficiary requiring services, prior to the vehicle being dispatched, at any time during the performance of this contract to prevent delays, cancellations, or dry runs. There shall be no additional charge to the VANJHCS when such changes occur.

B. Only one (1) patient shall be transported on a trip allowing only (1) family member escort or caregiver when authorized by VANJHCS. No more than one (1) psychiatric patient shall be transported at one time.

C. The Contractor shall be responsible for patient welfare and Government property during any and all transports. The Contractor shall exercise extreme caution and care in the handling of patients.

Any abuse of patients shall be grounds for default action or termination of the contract.

1. Any damaged or lost wheelchairs, walkers, crutches or personal belongings shall be replaced by the Contractor.

D. Patient Custody - The Contractor shall not release the patient from his/her custody, unless custody is released to the charge nurse on duty at the facility the patient is being transported to, or to a designated point of contact at the patient's residence. Patients brought in by ambulance for a scheduled clinic appointment shall be delivered directly to that specific clinic, released to the custody of clinic personnel, and picked up, as ordered, in the clinic after the appointment by the ambulance crew.

E. Incident Report -The Contractor shall immediately report all medical incidents and/or vehicle accidents including those where there is no apparent injury to the patient while transporting VA beneficiaries. Notify the Travel Clerks during normal business hours and the AOD after hours.

1. A written report from the driver documenting the facts of the incident/accident shall be provided to the Contracting Officers Representative (COR) within 24 hours of the occurrence. The written report shall include the names, addresses, and telephone numbers of any witnesses as well as any applicable police reports.

**Any accidents involving major damage, serious personal injury or loss of life shall be reported to the COR and CO immediately.**

CONTRACTOR PERSONNEL AND ORGANIZATION QUALIFICATIONS:

All Contractor personnel, both prime and subcontractor, performing contract services for BLS and SCT Ambulance Transports shall meet all qualifications and licensing required by Federal, State, County and Local Government entities including the State of New Jersey Department of Health (DOH) EMS. In transporting patients the care provided by an EMT Basic, EMT intermediate, or Paramedic shall not exceed the scope of practice as defined by the State of New Jersey DOH EMS.

If licensing and certifications require periodic renewal, copies must be provided to the COR and CO.

CONTRACTOR EQUIPMENT VEHICLE AND INSPECTION:

The ambulance vehicle(s) (Emergency Medical Services Vehicle) under the terms of this contract shall be licensed and meet the minimal vehicle requirements as established by the New Jersey Office of Emergency Medical Services under New Jersey Administrative Code Title & Chapter 40: Subchapter 2. The contractor must be a licensed EMS Provider in the State of New Jersey.

If licensing requires periodic renewal, copies must be provided to the COR and CO.

CONTRACTOR COMMUNICATION SYSTEM:

Contractor's Communication System shall consist of:

Telephone System

Contractor shall have sufficient telephone capacity to ensure immediate communication access between the VA New Jersey Healthcare System (VANJHCS) and the Contractor's facility for the purposes of scheduling and canceling trip requests as well as handling other emergencies. If the Contractor's place of business is located beyond the local telephone call zone, the Contractor shall accept telephone orders for service on a collect basis or provide a toll-free number.

The Contractor shall have telephone coverage to accept calls from VA New Jersey Healthcare System (VANJHCS) seven (7) days a week/24 hour a day Sunday through Saturday.

Vehicle Communication

Contractor shall ensure the availability of mobile radio and /or cellular telephone communication with all vehicles providing transportation service at all times.

CONTRACTOR PERFORMANCE:

The Contractor shall be responsible for providing all vehicles and manpower, necessary to meet all SCTU and BLS transport requirements of this contract.

In the event the Contractor is unable to perform services as required, the Contractor shall immediately notify the MAS-Travel Section and provide a justification for non-performance.

The VA reserves the right to re-procure services that cannot be performed by the Contractor in accordance with the terms, conditions, and schedule of this contract. The Contractor shall indemnify the VA for excess re-procurement costs that result from the Contractor's inability to perform the required service. Payment of re-procurement costs shall not relieve the Contractor from any other provision in this contract covering inspection, acceptance and deductions from payment. The Contracting Officer shall be the sole judge in determining when services shall be re-procured. The failure of the Contractor to perform services within the required time frames and in accordance with terms and conditions may also provide cause for termination of the contract for cause [see FAR Clause 52.212-4(m)].

BACKUP SERVICES:

Contractor shall be responsible for arranging for back-up vehicles and/or personal when notified by a client, or VANJHCS that a vehicle is excessively late, is otherwise unavailable for services, or when specifically requested by VANJHCS. The vehicle is excessively late if it is twenty (20) minutes late in meeting its assigned schedule. A back-up vehicle for an excessively late vehicle or an otherwise unavailable vehicle must be in place within thirty (30) minutes after a vehicle has been deemed unavailable for service for whatever reason.

DRIVER'S CONDUCT:

While on duty the following are not permissible by drivers that provide services under this contract or while on VA premises:

Do not participate in a dispute with a fellow employee, customer(s) or the public while on duty.

Use of loud, indecent or profane language and/or making threatening or obscene gestures towards customers or other employees.

Engaging customer in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver shall contact his dispatcher/supervisor via the radio system or cellular phone.

Soliciting or accepting tips from customers, companions or others at any time.

CUSTOMER SERVICE:

Complaints against Contractor personnel behavior or courtesy may result in requiring the removal of the offender from providing these contracted services. Offenders who accumulate five (5) unrelated and substantiated complaints within a 12-month period shall be prohibited from providing any further services under this contract. The COR shall monitor the service provided. The Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. The Contractor shall refer complaints received directly from the customer(s) to the COR. All complaints received by the COR and forwarded to the Contracting Officer (CO) shall be investigated promptly. After investigation and disposition, the Contractor shall respond to the CO within five (5) working days after receipt of the documented findings.

QUALITY ASSURANCE SURVEILLANCE PLAN:

The purpose of the Quality Assurance Surveillance Plan (QASP) is to provide guidance how the quality of services provided under this contract will be monitored. Please reference Section D of the RFQ solicitation.

RATES AND MILEAGE:

Base Rate: For all one-way trips within the 15-mile threshold from a designated pick-up point to a designated delivery point, the contractor shall receive the flat base rate awarded for that trip.

The Base Rate shall constitute full compensation for one-way trips that do not exceed the 15-mile threshold.

Mileage Rate: In addition to the base rate, the contractor shall receive the mileage rate for each mile traveled beyond the 15-mile threshold. This rate applies to loaded, one-way transportation. In the event fraction miles result, VA shall pay the rounded off amount to the next higher mile. In no event shall the Contractor receive this rate for miles traveled within the 15-mile threshold.

Mileage Threshold: 15-mile radius

Mileage Beyond Threshold: The rate per mile charge shall apply to those trips with a point of origin and/or destination outside a 15-mileage threshold.

Mileage Determination: Utilize Bing Maps located at http://www.bing.com/maps/.

Toll Charges: Any such legitimate toll charges incurred shall be limited to loaded trips when the Veteran patient is traveling in the vehicle, shall be listed separately on the invoice.

All invoices must be accompanied by supporting documentation of tolls paid (i.e. receipts, EZ Pass, etc.)

Ferry use is prohibited for all trips unless approved by COR or Health Administration Service Chief or Assistant Chief.

WAIT TIME CALCULATION:

For time lost waiting at either end of a trip due to causes beyond the Contractor's control, the Contractor shall be reimbursed at the rate of one-fourth the hourly rate specified in the Price Schedule if delayed longer than 15 minutes at time of pickup or delivery. The hourly rate shall be charged in 15-minute increments. The Contractor shall contact the VANJHCS Travel Office (during business hours Monday- Friday 8 am-4:30 pm) or Administrative Officer on duty (during all hours outside of the business hours listed) as soon as the Contractor anticipates that a delay for which Contractor expects to claim reimbursement. This call is only for verifying the Contractor’s arrival time at the pick-up point (verification is made by confirming the time of pickup with the VA Staff, or the patient when the pickup is made off the VA Campus) and is not necessary if the Contractor anticipates no delay for which the Contractor will claim reimbursement. Reimbursement for any wait time requires approval of the CO.

CONTRACTOR QUALITY CONTROL PROGRAM (QCP):

The Contractor shall provide assurance that the transportation services meet health and safety standards for vehicle maintenance, operation, and inspection; driver qualifications and training; client problem resolution, complaint resolution and the delivery of courteous, safe and timely service. The Contractor shall establish and maintain a QCP to ensure the requirements of this contract are provided as specified.

1. The Contractor's QCP shall include the following at a minimum, 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.

2. 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 acceptable performance.

3. In-site records of all vehicle maintenance and repairs performed for vehicles used in the performance of this contract.

4. The methods for identifying and preventing vehicle breakdowns and detailed procedure for alternative transportation of patients in the event of mechanical breakdown of vehicle.

5. On-site records identifying the character (background checks) and certifications of ongoing training of each employee performing service under this contract. Driver licensure, driving record, experience and appropriate driver training are required to be maintained by the Contractor.

6. The methods of identifying and preventing radio communication breakdowns.

7. A log to account for all requests for service. The log shall indicate the date and time of service call, name of patient requiring service, designated pick-up and delivery points, actual time of arrival at pick-up and delivery points, actual waiting time at pick-up and delivery points, if waiting charges are claimed, and the name and title of VA employee making the transport request.

Completion of drive logs and inspection of manifests are required.

8. Procedure for Accident/Incident reporting.

9. Analysis of complaints, including the tracking and investigating of complaints and disposition of the cases.

10. Random audit of existing rides performed (minimum 10% of trips).

11. Client safety

12. Monitoring of on-time performance

** The Government reserves the right to request copies of any parts of the Contractor QCP**

OTHER REQUIREMENTS:

1. At no time will the Contractor leave vehicles on VA premises unless a pick-up or delivery is in progress or it is authorized beforehand by VANJHCS Executive Management.

2. Contractor employees shall conduct themselves in a businesslike manner at all times.

3. When transporting Veteran patients to or from medical facilities, the driver acting for the Contractor shall ensure that the patient's belongings (i.e. medical records, luggage) are properly accounted for and delivered with the patient as required.

4. Vehicles transporting VA beneficiaries must be dedicated exclusively to VA transports. The Contractor may not carry non-VA contract beneficiaries or private-pay patients with VA beneficiaries under this contract.

5. In the case of a medical emergency, (patient experiences chest pain, seizure, etc.) drivers are to immediately call 911 for assistance and then notify their dispatcher of the situation. Drivers shall have the capability to notify 911 through either their dispatch or VANJHCS Travel Office.

6. If or when patient's medical records are transported, the Contractor shall ensure that HIPPA and The Privacy Act of 1974 guidelines are strictly followed:

-The Privacy Act of 1974, as amended at 5 U.S.C. 552a protects records that can be retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol.

-The Privacy Act prohibits disclosure of these records without the written consent of the individual(s) to whom the records pertain unless one of the twelve disclosure exceptions enumerated in the Act applies.

NOTE: 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.

B.3 PRICE SCHEDULE

SERVICES

POP Begin: 4-01-2021 POP End: 03-31-2022 Basic Life Support (BLS) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

POP Begin: 4-01-2021 POP End: 03-31-2022 Basic Life Support (BLS) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip) 60,000

MILES

POP Begin: 4-01-2021 POP End: 03-31-2022 Basic Life Support (BLS) - Wait Time beyond the 15 minute grace period, when required and verified.

POP Begin: 4-01-2021 POP End: 03-31-2022 Specialty Care Transport (SCT) - One Way Trip Within 15-Mile Limit (Flat Rate)

POP Begin: 4-01-2021 POP End: 03-31-2022 Specialty Care Transport (SCT)- Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip)

MILES

POP Begin: 4-01-2021 POP End: 03-31-2022 Specialty Care Transport (SCT) - Wait Time beyond the 15 minute grace period, when required and verified.

HOURS

Option I POP Begin: 4-01-2022 POP End: 03-31-2023 Basic Life Support (BLS) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option I POP Begin: 4-01-2022 POP End: 03-31-2023 Basic Life Support (BLS) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip) 60,000

MILES

Option I POP Begin: 4-01-2022 POP End: 03-31-2023 Basic Life Support (BLS) - Wait Time beyond the 15 minute grace period, when required and verified.

Option I POP Begin: 4-01-2022 POP End: 03-31-2023 Specialty Care Transport (SCT) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option I POP Begin: 4-01-2022 POP End: 03-31-2023 Advanced Life Support (ALS) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip)

MILES

Option I POP Begin: 4-01-2022 POP End: 03-31-2023 Specialty Care Transport (SCT) - Wait Time beyond the 15 minute grace period, when required and verified.

HOURS

Option II POP Begin: 4-01-2023 POP End: 03-31-2024 Basic Life Support (BLS) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option II POP Begin: 4-01-2023 POP End: 03-31-2024 Basic Life Support (BLS) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip)

Option II POP Begin: 4-01-2023 POP End: 03-31-2024 Basic Life Support (BLS) - Wait Time beyond the 15 minute grace period, when required and verified.

HOURS

Option II POP Begin: 4-01-2023 POP End: 03-31-2024 Specialty Care Transport (SCT) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option II POP Begin: 4-01-2023 POP End: 03-31-2024 Specialty Care Transport (SCT) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip)

MILES

Option II POP Begin: 4-01-2023 POP End: 03-31-2024 Specialty Care Transport (SCT) - Wait Time beyond the 15 minute grace period, when required and verified.

HOURS

Option III POP Begin: 4-01-2024 POP End: 03-31-2025 Basic Life Support (BLS) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option III POP Begin: 4-01-2024 POP End: 03-31-2025 Basic Life Support (BLS) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip) 60,000

MILES

Option III POP Begin: 4-01-2024 POP End: 03-31-2025 Basic Life Support (BLS) - Wait Time beyond the 15 minute grace period, when required and verified.

HOURS

Option III POP Begin: 4-01-2024 POP End: 03-31-2025 Specialty Care Transport (SCT) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option III POP Begin: 4-01-2024 POP End: 03-31-2025 Specialty Care Transport (SCT) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip)

MILES

Option III POP Begin: 4-01-2024 POP End: 03-31-2025 Specialty Care Transport (SCT) - Wait Time beyond the 15 minute grace period, when required and verified.

HOURS

Option IV POP Begin: 4-01-2025 POP End: 03-31-2026 Basic Life Support (BLS) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option IV POP Begin: 4-01-2025 POP End: 03-31-2026 Basic Life Support (BLS) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip) 60,000

MILES

Option IV POP Begin: 4-01-2025 POP End: 03-31-2026 Basic Life Support (BLS) - Wait Time beyond the 15 minute grace period, when required and verified.

HOURS

Option IV POP Begin: 4-01-2025 POP End: 03-31-2026 Specialty Care Transport (SCT) - One Way Trip Within 15-Mile Limit (Flat Rate)

TRIPS

Option IV POP Begin: 4-01-2025 POP End: 03-31-2026 Specialty Care Transport (SCT) - Mileage Rate beyond 15-mile limit (this rate is in addition to the flat rate awarded per trip)

MILES

Option IV POP Begin: 4-01-2025 POP End: 03-31-2026 Specialty Care Transport (SCT) - Wait Time beyond the 15 minute grace period, when required and verified.

Total Base plus four (4) Options $_______________________________

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.