36C24420R0039-013.docx

PERFORMANCE WORK STATEMENT

Wheelchair Transportation Services

A. SCOPE:

Corporal Michael J Crescenz VA Medical Center (CMCVAMC) is seeking to award a five-year Indefinite Delivery Indefinite Quantity (IDIQ) contract for wheelchair van services to transport patients including physically or mentally handicapped individuals in wheelchairs and aged and infirm persons, their attendants and personal belongings throughout the tristate area. The Contractor agrees to furnish non-emergent, wheelchair van services, 24-hours per day, and 7 days per week (to include all federal holidays) for all Beneficiary Travel eligible patients of the CMCVAMC.

Types of patient transfers could include but are not limited to: in house to community care appointments, appointments to Philadelphia VAMC, from patients own residence to appointments within the community or to the main campus or the outlying Community Based Outpatient Clinics (CBOCs). Care provided during transfer of a patient shall be according to the orders of the attending physician.

The Contractor shall have available the appropriate number of vehicles to provide services in a timely manner as outlined by the contract.

Performance shall be in accordance with the requirements contained in this PWS and standards of the Pennsylvania Public Utility Commission (PUC) for paratransit, and the Joint Commission. Contractor must be a certified provider of paratransit services in the state of Pennsylvania by the Pennsylvania Public Utility Commission (PUC) at the time of quote submission.

Philadelphia VAMC Locations are:

Corporal Michael J Crescenz VA Medical Center (CMCVAMC), 3900 Woodland Avenue, Philadelphia, PA 19104 Community Living Center – 3461 Civic Center Blvd Philadelphia, PA 19104 Camden CBOC, 300 South Broadway Suite 103 Camden, NJ 08103 Gloucester CBOC , 211 County House Road Sewell, NJ 08080 Horsham CBOC, 433 Caredean Drive Horsham, PA 19044 Burlington CBOC, 300 Lincoln Drive Suite E Marlton, NJ 08053 West Philadelphia CBOC, 6232 Market Street, Philadelphia, PA 19139

B. PASSENGER TRANSPORTATION:

B.1 Contractor shall receive transportation requests and provide medical transportation services seven (7) days per week (including holidays), twenty-four (24) hours per day, three hundred sixty-five (365) days per year, for the term of this contract, including federal holidays. The majority of requests for services will be between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday. The Contractor shall provide the CMCVAMC with the communication method of contacting the Contractor on a twenty-four (24) hour per day basis. The Contracting Officer (CO) shall notify the Contractor if the proposed method of communication is not acceptable.

B.2 If a patient being transported declines to be properly belted; he/she will not be transported. The Contracting Officer Representative (COR)/designee will be notified promptly. If the patient removes the securing devices during the trip, the driver will take all precautions to secure the patient, but afterwards the Contractor will notify the COR/designee of this upon arrival at destination. The Contractor is not required to transport any VA patient who refuses to be properly secured while being transported.

B.3. Contractor drivers shall ensure proper loading/unloading techniques are followed at all times. Patients in wheelchairs shall be loaded onto ramps, ensuring all safety systems are working properly, e.g. roll back stops, and the driver must ride the lift with the patient during loading/unloading. Patients in motorized scooters MUST transfer to a vehicle seat. NO patient shall be allowed to ride a motorized cart (scooter) on the vehicle lift at ANY time. The contractor shall ensure that drivers receive appropriate safety training on loading/unloading techniques and such training shall be documented and made available to the COR/designee annually and/or prior to contract submission or renewal.

B.4 For pick-ups and drop-offs at the CMCVAMC and associated hospital sites (CBOC, Community Living Center, etc.), patients will be picked up and dropped off in the main lobby of the respective sites. Contractor may occasionally be requested to pick up the patient from a specific clinic location or room. For pick-ups and drops offs at the patients’ homes or other facilities, the Contractor will provide door to door service. All patients shall be attended by an authorized responsible party at all times. Assistance in maneuvering stairs and other barriers shall be provided by the driver and/or authorized attendant when necessary. When the patient is delivered to a clinical destination (i.e., hospital, clinic, Nursing Home, or other clinical appointment), an authorized care giver or medical staff at the destination must be informed of the patient’s arrival by the Contractor’s driver or authorized attendant. Contractor is to transfer or “hand-off” the patient to the next person responsible for their care as indicated for specific patients.

Assistance in maneuvering stairs and other barriers shall be provided by the driver and/or authorized attendant when necessary. These services may need to be provided within or outside the home (i.e., from the door to the vehicle). When the patient is delivered to a destination (i.e., a clinic or other appointment), an authorized care giver or medical staff at the destination must be informed of the patient’s arrival by the Contractor’s driver or authorized attendant.

The use of an attendant will be required only when requested and authorized by the VA. Use of an attendant will be required to assist the driver with loading and unloading of patients whose physical characteristics (weigh, height, ability to assist, etc.) necessitate a need for additional assistance. The location of their home (above or below ground level apartment) may also justify the need for an attendant. An attendant may be required to accompany patients with dementia, etc. Dementia patients not accompanied by a family member or caregiver shall not be left unattended under any circumstances. Attendants services may need to be provided within or outside the home (i.e., from the door to the vehicle). When the patient is delivered to a destination (i.e., a clinic or other appointment), an authorized care giver or medical staff a the destination must be informed of the patient’s arrival by the Contractor’s driver or authorized attendant.

B.5 The Contractor’s driver (or authorized attendant) shall observe the patient during transport. Any indication of a significant change in the patient’s condition (i.e., sudden onset of rapid or labored respiration, complaints or chest pains, etc.) shall be communicated to 911 as needed. As soon as possible, the driver must also immediately contact the COR/designee to provide a report of the incident.

B.6 Should the Contractor’s driver encounter any non-medical problems with transporting of patients, the driver shall contact the COR/designee from 7:30 a.m. to 4:00 p.m. During irregular tour of duty (4:00 p.m. to 7:30 a.m.), weekends or holidays, the driver shall contact the Administrative Officer of the Day (AOD) at the admissions desk. VA will provide a list of individuals (other than the COR/designee) authorized to contact the Contractor. Diversion from destination shall only be authorized by the travel clerk, VA emergency room staff, the Administrative Officer of the Day (AOD), or another CMCVAMC-authorized designee. All diversions from destination will be reported to the COR/designee.

B.7 Contractor’s driver shall notify the COR/designee, of any unusual events, including but not limited to, accidents, safety problems, patients unbolting themselves, verbal/physical conflicts, and other such incidents that occur, which involve any VA patient being transported under this contract. The COR/designee shall be notified within one (1) hour of the occurrence of the incident(s) by telephone and, if requested by the COR/designee and/or Contracting Officer, a written report of the incident(s) will be delivered to the COR/designee by close of business the next working day.

B.8 When there is a need to transport medical records with the patient; the Contractor’s driver shall assure that the locked carrying pouch containing the records is secure and delivered with the patient to the destination.

B.9 RESTRICTIONS: The Contractor may not transport non-VA contract beneficiaries or private-pay patients with VA Beneficiaries under this contract. No beneficiary in-route in any transport shall be transferred from the original vehicle to another vehicle at a location other than the destination address supplied by the Beneficiary Travel Office, unless extraordinary, urgent need situations arise. All such events must be reported to the Beneficiary Travel Office. Drivers shall not make non-emergent stops for any reason, during any patient transport under this contract.

B.10 While transporting VA patients under this contract, only authorized drivers or attendants, or patient’s family member or representative shall be allowed in the vehicle. The number of riders in any vehicle shall not exceed the number of approved safety restraints available in the vehicle.

B.11 The contractor shall have a contingency/backup plan in the event the contractor is unable to perform services or have services performed as required. The contractor shall immediately notify the COR/designee and provide justification for non-performance and initiate the contingency/backup plan.

B.12 It is understood and agreed that no vehicle will transport more individuals than the number of approved safety restraint devices installed in that vehicle. When more than one patient is transported on a trip, whether it is to the same destination or to separate destinations, reimbursement will be made at the rate not exceeding the cost of transporting a single patient. However, the longest distance over which a patient is transported may be claimed when more than one patient is transported concurrently. The Contractor must ensure that the pick-ups and drop-offs are scheduled so that the total distance traveled will result in the most economical charge to the Government.

C. DRIVERS AND AUTHORIZED ATTENDANTS:

C.1 All Contractor’s drivers and attendants shall be required to wear, in a readily observable area on the employee, a Contractor supplied photo identification badge containing the name of the driver or attendant, and the Contractor’s business name, or company uniform, that is acceptable to the Contracting Officer, which identifies the drivers and attendants while performing any aspect of service prescribed in this contract.

Records of each employee as to character (criminal background check performed) and physical capabilities (Health Certificate or statement of health from a private physician) must be maintained and made available to the Contracting Officer upon request. Contractor shall be responsible for appropriate driver screening and selection criteria when employing drivers. Such screening shall include but not limited to testing drivers for prohibited drug use and alcohol misuse, and a criminal background check to the maximum extent permitted by law.

C.2 All Contractor’s drivers and attendants shall have passed an approved first aid course and have on file a current certificate (renewable every three years) to be made available to the Contracting Officer upon request.

C.3 All Contractor’s drivers and attendants shall have passed an approved CPR course and have on file a current certificate (renewed annually) to be made available to the Contracting Officer upon request.

C.4 All Contractor’s drivers and attendants shall have the physical capabilities and all certifications necesary to provide special assistance to the patients when transporting patients to the medical center, private residence, nursing homes, etc. The Contracting Officer/COR reserves the right to prohibit specific drivers from participating in the loading, transporting, and unloading of patients should it be determined the driver has engaged in unsafe practices. The contractor shall promptly replace any personnel removed from the performance of services. This determination will be at the sole discretion of the Contracting Officer/COR and will be based upon documented evidence.

C.5 Acts are not permissible by drivers that provide services under this contract or while on VA premises include, but are not limited to:

· Use of intoxicating liquors, narcotics or controlled substances of any kind (excluding doctor’s prescriptions which do not impair driver’s driving ability) while on duty or reporting for duty while under the influence of liquors, narcotics or controlled substance of any kind (excluding doctors’ prescriptions which do not impair driver’s driving ability)

· Gambling in any form

· Smoking (including e-cigarettes) and other uses of tobacco while on duty. Both Patients and Contractor are prohibited from smoking in vehicles

· Carrying of pistols, firearms or concealed weapons

· Resorting to physical violence or verbal altercations to settle a dispute with a fellow employee, patients, or the general public while on duty. Should a disagreement arise, the driver shall contact his dispatcher/supervisor via the radio system.

· Spitting in prohibited places or any other unsanitary, offensive, or insensitive practices or behavior

· Use of loud, indecent, or profane language and/or making threatening or obscene gestures toward patients or other employees

· Stopping for personal business, including excessive use of restroom facilities, while vehicle is occupied by a passenger. The driver shall not leave the vehicle with the key in the ignition at any time

· Engaging patients 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.

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

The VA reserves the right to bar any driver from transporting VA patients should he/she violate any terms of this contract.

C.6 All drivers and attendants, prior to commencing work and thereafter on an annual basis, shall demonstrate to the CMCVAMC the individual ability to safely load and unload patients, the proper techniques and procedures to be followed during transportation of patient, and any certifications required to do such procedures.

C.7 All Contractor’s drivers shall maintain a valid operator or chauffeur’s license, required to operate the type of vehicle necessary to perform the service, as required by the State of Pennsylvania. Contractor shall provide, upon request of the Contracting Officer, a copy of the valid licenses and certifications of all drivers performing under this contract.

C.8 Contractor drivers shall not text message while driving. See FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving, which is incorporated into FAR 52.212-15. Commercial Terms and Conditions.

D. CONTRACTOR CONDUCT

D.1 The VA places the highest priority on the treatment of its beneficiaries. The Contractor, Contractor’s employees, and Contractor’s representatives shall treat each patient with respect, concern and a professional approach to Patient’s dignity as an individual and as a patient. All communication both verbal and non-verbal by the Contractor’s personnel, with and in the presence of the patient, shall be conducted in a professional manner.

D.2 The Contractor’s personnel shall conduct themselves in a professional manner while performing any aspect of service related to this contract at or on the grounds of the VA Medical Center. All VA Medical Center rules and regulations shall be adhered to by the Contractor or Contractor’s personnel while said persons are at or on the grounds of the medical center. Any fraternization between contractor employees and VA employees is strictly prohibited.

E. ORDERS:

Ordering:

In accordance with FAR 16.505, The CO shall issue Task Orders against the IDIQ contract with a period of performance not to exceed one year. Authorized Government personnel shall place service calls against these Task Orders as stated below. Each Task Order will be funded with an estimated value for that period of performance. The Contractor, along with the COR, must monitor the contract value as service calls are placed and invoices are paid. The contractor is not authorized to continue services if the contract value falls below a zero balance, therefore the CO must be notified when remaining contract value is low so that more funds can be added.

Authorized Medical Center Personnel. Prior to performance, the CO shall provide the Contractor with a list of names or position titles and phone numbers of authorized Government personnel who may request services and receive calls from Contractor regarding contract performance. This list will be updated and submitted to the Contractor as changes occur. The Contractor shall ensure that requests for services are received from authorized medical center personnel. Services rendered in response to requests from other than authorized personnel shall be at the risk of the Contractor and any cost related thereto shall be borne by the Contractor.

E.1 The Contractor will have an electronic portal, i.e., secure web application, by which the VA will request wheelchair transportation for its patients. If the web application fails at any moment, requests for services will be recorded on the daily travel manifest and furnished to the Contractor via facsimile, e-mail, and/or telephone, by the COR/designee no later than 4:00 p.m. prior to the day the transportation is required. The following information shall be provided by the VA to the contractor:

· Patient name (first and last)

· Pick up point (include address, telephone #, city, state, building and/or room number if applicable)

· Destination

· Date of pick up

· Time of pick up

· Mileage over 20-mile threshold

· Support required or items to accompany (oxygen, IV heplocks, escort, other items)

· Type of Assistive Device: Scooter, Manual/Power Wheelchair, Rollator, Cane

· Disposition of the Patient: Blind with/out Seeing eye dog, Deaf, Dementia, Wanderer, Change in Mental Status

· Including any specific physician instructions

Missed Appointments: In the event that a patient misses his/her scheduled appointment due to pick up delay, the VA shall reschedule the trip at no cost to the VA. If additional charges are incurred by the VA for the rescheduled trip said additional charges shall be the responsibility of the contractor. The VA shall notify the contractor when these cases are identified.

Eligible Veterans. The VA will pay transportation costs only for eligible Veteran patients, as determined by agency regulations. Contractors shall contact the appropriate COR if there are any questions concerning the eligibility of the Veteran patients.

Any transportation service performed by the contractor, without a request from the VA, will be the responsibility of the contractor. Also see Paragraph B.9. Restrictions.

The Contractor shall maintain a record of all trips (scheduled on the travel log or add-on) and provide a printed report that includes the patients name, date and time of each trip, mileage, and/or any authorized additional charges. The printed report shall accompany the invoice for each billing cycle. The Contractor shall contact the COR/designee with any questions, requests for clarification, or the need for additional information during the hours of 7:30 a.m. to 4:00 p.m. During irregular tour of duty (4:00 p.m. to 7:30 a.m.), the Contractor shall contact the AOD. The Contractor shall provide a breakdown no later than the 5th of each month with the prior month’s trips and associated costs (mileage, pick up time, drop off time) per patient. This report shall be in excel format and emailed to the COR. If emailing is not possible, the report shall be faxed or mailed.

E.2 Requests for add-on trips (orders placed for same day service) not initially recorded on the travel log will be by telephone from the COR/designee or AOD. If the Contractor fails to furnish services within a reasonable time (established as 45 minutes) after receiving an add-on request for an order, the CMCVAMC reserves the right to obtain the services from another source and to charge the Contractor with an excess cost which may result. In instances of add-on trips that are over 100 miles, the COR/designee may allow some flexibility in the 45-minute response time. The VA will be the sole judge in determining when to order service from another source.

E.4 In case of inclement weather, the decision as to whether or not a VA Patient will be transported will be made mutually by the COR/designee, and the Contractor.

E.5 The Contractor shall notify the COR/designee, upon the COR/designee or (AOD’s) request, of the estimated time of arrival for any vehicle in-route to pick-up a VA Patient or any VA loaded vehicle in-route to a specific destination. The Contractor shall also notify COR/designee, by telephone, at least one-hour in advance in the event that the Contractor is unable to provide the scheduled or add-on trips within the time frame necessary for the VA Patient to maintain their scheduled appointment.

E.7 If the COR/designee, or AOD, authorizes the Contractor to transport more than one patient on a trip to the same destination separate destinations, reimbursement will be made at the rate not exceeding the cost of transporting a single patient. However, the longest distance over which a patient is transported may be claimed when more than one patient is transported concurrently. The Contractor must ensure that the pick-ups and drop-offs are scheduled so that the total distance traveled will result in the most economical charge to the Government.

E.8 The Contractor shall immediately notify the COTR, in writing within 24 hours of any complaints made by the Patients in regards to the wheelchair van services.

E.9 The Contractor shall immediately notify the VA of any incident or accident involving injury to VA patients during transport. The Contractor shall promptly (within 24 hours of the occurrence) complete and submit to the COTR 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 patients(s) being transported.

F. PATIENT PRIVACY AND CONFIDENTIALITY: Contractor shall maintain the confidentiality of all patient information and records associated with the performance of this contract. Awarded contractor may be required to sign Business Associate Agreement (BAA) as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

G. NUMBER OF PATIENTS: It is understood and agreed that no vehicle will transport more individuals than the number of approved safety restraint devices installed in that vehicle. When more than one patient is transported on a trip, whether it is to the same destination or to separate destinations, payment will be made in accordance with the terms listed in paragraph E.7.

H. VEHICLES: FAILURE BY THE SUCCESSFUL CONTRACTOR TO MAINTAIN COMPLIANCE WITH ANY OF THE PROVISIONS PRECRIBED IN THIS SECTION FOR VEHICLES USED IN PERFORMANCE MAY BE CONSIDERED GROUNDS FOR DEFAULT OF THE CONTRACT.

H.1 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), State and Local Laws, ordinances, codes, rules and regulations and must have a minimum of the following:

a. The wheelchair van transport vehicle shall be of model and make to insure safe and comfortable transportation of wheelchair bound patients. Each vehicle shall be so configured as to hold a minimum of two (2) passengers in wheelchairs. For the safety of the passengers, the vehicle shall be equipped with a minimum of 4-point restraints for all wheelchair positions. All positions shall be seated facing the front on front mounted seats or rear on rear mounted seats of the vehicle. No patients may be transported on side mounted seats. Tie downs for wheelchairs are to consist of a leverage lock with a safety catch requiring physical unlatching. Lock shall be affixed to frame of vehicle. Many types and styles of locks are acceptable. Any type or style offering complete patient safety that will prevent any motion of the wheelchair within the vehicle will be acceptable. Those considered lacking in this essential safety feature shall not be used for patient transport under this contract unless and until replaced with an acceptable tie down system. Each vehicle and all accessories and systems must be clean and shall meet all maintenance standards of the manufacturer. All preventive maintenance shall be documented, and records provided upon request by the Contracting Officer. Wheelchair vans must be designed so that patients are restrained by a seat belt at all times when the vehicle is in motion. Contractor must have portable oxygen tank holders in their vehicles to transport portable oxygen safely.

b. The wheelchair vans provided under the terms of this contract shall be licensed and meet the minimum requirements as mandated by the State of Pennsylvania. Wheelchair vans equipped with a wheelchair lift shall be equipped with the following:

(1) A safety bar and wheel catch (e.g. rollback stop) secured to the outside perimeter of the lift to prevent the wheelchair from rolling off.

(2) The lift controls will be located in such a position that the operator can work the controls while keeping one hand on the wheelchair at all times and ride the lift with the patient during loading and unloading.

(3) The lift shall operate in such a manner that when going up or down it will remain parallel with the ground.

(4) The lift shall be located as to receive the wheelchair and patient from the rear or passenger side of the vehicle.

(5) The lift shall have slip-proof surface.

(6) The lift must be a minimum of 28 inches.

H.2 All vehicles shall be equipped to allow for direct communication, at all times, between the drivers and staff of the CMCVAMC. This equipment may be mobile telephone, cellular telephone, or radio dispatch which would allow linking to the CMCVAMC 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.

H.3 All vehicles shall be equipped with properly functioning heater and/or air conditioning, with adequate capacity to maintain the comfort level of the patient during transport. Contractor shall not place a vehicle into service under this contract that does not protect the patient from outside temperatures that are not suitable for the patient’s well-being.

H.4 All vehicles shall be equipped with secured fire extinguishers, first aid kits, and two (2) flashlights that are readily available and operable for use in event of an emergency. Each vehicle shall contain a minimum of two (2) sanitary blankets.

H.5.All vehicles shall be well maintained in a clean and orderly condition. Vehicles must be free from physical damage; odor, debris and accumulation (which may constitute an accident or fire hazard). Each vehicle shall have a daily maintenance/safety checklist. Checklists shall be maintained at the contractor’s establishment and made available for inspection upon request.

H.6 All vehicles shall be smoke free and provide the proper ventilation for the patient.

H.7 All vehicles shall be maintained with a professional appearance that is representative of the services being performed on behalf of the Department of Veterans Affairs.

H.8 The Contracting Officer reserves the right to prohibit specific vehicles from being used to perform transportation services under this contract. This determination will be at the sole discretion of the Contracting Officer and will be based on documented evidence.

H.9. The contractor shall transport patients authorized for transport by the VA, which shall include bariatric patients that may require more than one person to lift.

I. RATES:

Payment for mileage traveled will be limited to “one way only” up to 20 miles, the distance over which the patient is transported. The actual distance of the authorized trip from the specified point of origin (pick-up point) to the specified final destination (drop-off point), including applicable waiting time shall determine total cost per trip.

Payments for trips beyond the 20-mile radius limit will be made under “rate per miles” and will include the base rate and the rate per mile for distance travelled beyond the 20-mile local base travel radius.

Any trip with both the pick-up and drop-off locations outside of the 20 miles local base travel radius shall use the CMCVAMC, 3900 Woodland Ave, Philadelphia, PA as the destination for the purposes of calculating mileage.

Should the VA make a determination that a previously scheduled trip may be cancelled, and a vehicle has already been dispatched to the designated pick-up point, VA may notify the Contractor to cancel the order. For orders that are cancelled while the Contractor is already in route to the designated pick-up, the Contractor shall be entitled to receive 50% of the base rate for the trip, as provided in Schedule of Supplies or Services and Prices/Costs. This charge shall not include any mileage charge.

Should the Contractor arrive at the destination before VA cancels the order, of if the Contractor is unable to perform a scheduled pick-up for reasons beyond the Contractor’s control, e.g., incorrect address, or Patient absence, or Patient refusal, then the Contractor shall receive 100% of base rate for a one way trip as provide in the Schedule of Supplies or Services and Prices/Costs, and applicable mileage if outside Contract Mileage Threshold areas of coverage.

If the Contractor fails to meet the time requirements in this Contract, Philadelphia VAMC will not be charged for these instances.

Contractor is expected to complete trips originating from points and/or transporting patients to destinations greater than 75 miles from the Philadelphia VAMC. Contractor will be entitled to 50% of the Standard Mileage Rate for those “no-load” miles for trips that are greater than 75 miles without patients on-board, back to the 20-mile base trip radius for Philadelphia VAMC.

Other Charges: It is understood that the prices listed in the accepted Schedule of Supplies or Services and Prices/Costs shall be inclusive of all ferry, bridge, tunnel or road toll charges. Contractor shall not bill the VA for any such separate charges.

WAITING TIME: The CMCVAMC will make every effort to alert the beneficiary to be ready and waiting for the arrival of the vehicle in order to reduce the lost time to the driver. Waiting time will not apply to the reasonable amount of time required for escorting the patient to the vehicle, loading and securing patient in vehicle, or unloading and delivering the patient to the authorized care giver or specified destination area. For time lost in waiting at either end or both ends of a trip due to causes beyond the control of the driver, the Contractor will be reimbursed at 15-minute increments per the schedule rate in the contract. The Contractor must call the COR/designee (or at least leave a voicemail), after waiting 15 minutes, to be reimbursed for the wait. The Contractor will not be reimbursed if there is no phone call to the COR/designee.

J. CONTRACTOR’S QUALITY CONTROL PROGRAM (QCP)

J.1 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 identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

(f) The contractor shall have methods of identifying and preventing radio 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. Any complaints or issues shall be reported to the COR/designee.

(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.

K. PERFORMANCE STANDARD:

Contractor must meet required contract requirements. If the Contractor fails to meet contract requirements and circumstances are not deemed outside of the driver’s control by the COR, the VA reserves the right to withhold payment for that trip.

L. CONTRACT ADMINISTRATION:

L.1 The Contractor shall contact the Contracting Officer on any changes to this contract. 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. The Contracting Officer Representative (COR) shall be the primary point of contact for all other matters.

L.2 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.

L.3 INVOICING:

Pre-Bill submission. The Contractor shall maintain a record of all trips and provide an excel report to the COR monthly prior to submission of payment, for pre-approval. Information to include:

a) Date of pick up

b) Time of pick up

c) Patient’s Name (first and last)

d) Pick up point (include address, telephone #, city, state, building and/or room number if applicable)

e) Destination (include address, telephone #, city, state, building and/or room number if applicable)

f) Base Rate

g) Mileage over the 20-mile threshold

h) Charges for No Load Mileage

i) Any wait time charges greater than 15 minutes

j) Any specific physician instructions Once confirmation by the COR has been received by the Contractor, they can then attach the report and it shall accompany the invoice for each billing cycle. The Contractor shall contact the COR with any questions, requests for clarification, or the need for additional information. The Contractor shall provide above information no later than the 10th of each month emailed with secured encryption to the COR at shardella.spaddy@va.gov.

Payment to the Contractor. Payment to the Contractor shall be made monthly, in arrears, upon receipt of a properly prepared invoice. Payment for services will be at the rates specified in the Schedule of Supplies/Services. All monthly invoices from the Contractor will be electronically submitted to the following through the Tungsten Network within 30 days of the end of each month’s services:

Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-8971 Customer Support Help Desk (877-353-9791)

The information page for the Financial Service Center of the Department of Veterans Affairs that includes information regarding electronic invoice submission can be referenced at:

http://www.fsc.va.gov/einvoice.asp

NOTE: Invoices for payment may be rejected if all information required by FAR Clause 52.212-4(g) is not included. Invoices without the required information will be returned.

Invoices must be approved by the COR prior to payment release. Invoices without the required information will be returned.

All invoices must include the assigned purchase order number, with attached trip sheet and be submitted within 10 days following the month of service.

Failure to comply with all terms and conditions of this contract shall result in invoices/claims submitted for reimbursement during that period to be considered incomplete. Interest penalties imposed under the Prompt Payment Act shall not apply to incomplete invoices or invoices received after the established invoice due date.

Contractor will identify and assign personnel to be the liaison for billing purposes.

Billings rendered by the Contractor to the Philadelphia VA for services furnished to a VA Altoona Healthcare beneficiary under the terms of this contract shall be billings in full. Neither the beneficiary, his insurer, nor any third party shall be billed. Billed services will be verified by VA staff and COR.

The Department of Veterans Affairs Financial Service Center (FSC) is the designated agency office for invoice receipt in accordance with the Prompt Payment Act (5 CFR Part 1315). FSC or its designated representative may contact the vendor to provide specific instructions for electronic submission of invoices. The vendor shall be responsible for any associated expenses. FSC may utilize third-party contractors to facilitate invoice processing.

M. Department of Labor Wage Determination

Service Contract Act DOL Wage Determination No. 2015-4234 applies to the resultant Contract from this solicitation. FAR 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) applies to the resultant contract; therefore, the offeror shall not include in his proposed option year prices any allowance for any contingency to cover increased costs for which adjustment is provided under FAR 52.222-43.

N. HIPAA COMPLIANCE:

Contractor must adhere to the provisions of Public Law 104-91, Health Insurance Portability and Accountability Act (HIPAA) of 1966 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI).

O. PERFORMANCE STANDARDS:

The Contractor shall maintain performance standards in accordance with the Performance Standards Summary and the PWS.

Quality Assurance Surveillance Plan (QASP)

Service Requirement

Performance Measure

Acceptable Quality Level

Method of Surveillance

Incentive (Positive and /or Negative Impact)

Wheelchair Transport Service Response Times Reference PWS

Transport patient within timeframes listed in PWS

95% during rating period

Review of Trip Log and Customer Feedback

Incentive Positive Past Performance Review

Disincentive Unfavorable contractor performance evaluation

Certifications and Training to include Government Privacy Training

Contractor/ employee to maintain current proper licenses and ensure all attendants are properly trained and competent to provide service

98% during rating period

Random surveillance/ Customer Feedback

Incentive Positive Past Performance Review

Submit Monthly Report/ Trip Sheets

All monthly reports submitted within 10 calendar days of following the end of the month of service

98% during rating period

COR completes 100% inspection of all monthly deliverables

Incentive Positive Past Performance Review

Customer Complaints

Contractor must maintain a 98% customer satisfaction rate per 100 trips to be considered as providing acceptable service

98% during rating period Acceptable service is considered as having no more than two (2) valid complaint per 100 trips

Incentive Positive Past Performance Review

P. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

All contractor employees and subcontractor employees requiring unescorted access to VA facilities and/or access to VA Technology resources (network and/or protected data) must complete a Special Agreement Check (SAC) investigation conducted by the FBI National Criminal History Check (NCHC).

The following forms are required for a SAC:

Fingerprints OF306 Declaration for Federal Employment.

The employee must be fingerprinted as part of the investigation. electronic fingerprinting can be performed at the Altoona VA Medical Center and will be coordinated through the COR and Human Resources Office.

The Contractor shall bear the expense of the background investigation(s), regardless of the final adjudication determination. A Bill of Collections shall be generated by the VA after final adjudication determination has been received.

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service…