36C24424Q0165.pdf

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL

PRODUCTS AND SERVICES

General Information Document Type: Combined Synopsis/Solicitation Solicitation Number: 36C24424Q0165 Posted Date: 01/04/2024 Original Response Date: 01/18/2024 Current Response Date: 01/18/2024 Product or Service Code: Q201 Set Aside: Service-Disabled Veteran Owned Small

Business NAICS Code: 621610

Contracting Office Address Department of Veterans Affairs Network Contracting Office 4 Medical 1 1601 Kirkwood Hwy Wilmington DE 19805-4917

Description This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6 as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation will not be issued.

This solicitation is a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-06 effective 12-04-2023.

The associated North American Industrial Classification System (NAICS) code for this procurement is 621610, Home Health Care Services, with a small business size standard of $19.0 Million. The Product Service Code (PSC) is Q201, Medical - General Health Care. The Government will award a Firm-Fixed Price (FFP), Blanket Purchase Agreement (BPA) resulting from this combined synopsis/solicitation to the responsible offeror whose offer, conforming to the synopsis/solicitation, will be most advantageous to the Government (as determined by the solicitation evaluation criteria).

The Contractor shall furnish the use of 3.00 Full Time Equivalent (FTE) Home Health Aides (HHA)/Companion Services (up to 32 hours per encounter, estimated 14 encounters per month) to VA enrolled eligible patients without social supports available at the time of invasive outpatient and/or surgical procedure that require a mode of anesthetic.

https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6

A.1 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 HR __________________ __________________

Medical Companion Services

Home Health Aide to provide clinical observation and transportation for up to 32 hours (estimated 14 encounters) to Veterans who have scheduled procedures that require anesthesia/and or sedation.

Agreement Period: Base POP Begin: 02-01-2024 POP End: 01-31-2025 PRINCIPAL NAICS CODE: 621610 - Home Health Care Services PRODUCT/SERVICE CODE: Q201 - Medical - General Health Care scheduled procedures that require anesthesia/and or sedation.

Agreement Period: Option 1 POP Begin: 02-01-2025 POP End: 01-31-2026 scheduled procedures that require anesthesia/and or sedation.

Agreement Period: Option 2 POP Begin: 02-01-2026 POP End: 01-31-2027 scheduled procedures that require anesthesia/and or sedation.

Agreement Period: Option 3 POP Begin: 02-01-2027 POP End: 01-31-2028 scheduled procedures that require anesthesia/and or sedation.

Agreement Period: Option 4 POP Begin: 02-01-2028 POP End: 01-31-2029

GRAND TOTAL __________________

Performance Work Statement (PWS)

1. GENERAL

1.1 Services

The primary intent of this agreement is for the provision of Medical Companion Services to the VA Pittsburgh Healthcare System. Contractor will furnish the use of 3.00 Full Time Equivalent (FTE) Home Health Aides (HHA)/Companion Services (up to 32 hours per encounter, estimated 14 encounters monthly) to VA enrolled eligible patients who have no social supports available at the time of invasive outpatient and/or surgical procedures that requires a mode of anesthetic. HHA will henceforth be referred to as “Companions”. Companions will provide clinical observation and transportation for patients who have scheduled procedures that require anesthesia/and or sedation. The Contractor shall provide all personnel, supervision, liability insurance and support for the services outlined above. The agency must be able to provide services within a 50-mile radius of the VA Pittsburgh Healthcare System.

1.2 Period of Performance

This agreement shall be for a period of one year. The period of performance will begin After the Date of Award (ADA), with four, one-year Options.

1.3 Places of Performance

Contractor shall furnish services for the VA Pittsburgh Healthcare System at the VA Pittsburgh Healthcare System and at the patient’s personal residence.

2. BACKGROUND

2.1 VA Pittsburgh Healthcare System policy does not allow patients to drive home following anesthesia/sedation. Current policy ties up medical beds, increases patients’ risk to unnecessary hospital acquired infections, is costly, delays access to care, and is not a patient centric, model of care. The Medical Companion Program (MCP) is designed to primarily provide peri-procedural supervision and at times transportation, for patients who lack a caregiver.

3. SCOPE OF WORK

3.1 The Contractor shall provide same day caregiver services to include: a personal caregiver to accompany and, as necessary, escort the patient to the procedure, stay with the patient throughout the procedure, obtain any post-operative instructions from VA staff, ensure the patient collects any required medications as ordered by the prescribing provider, escort the patient home, provide basic Activities of Daily Living (ADL) assistance as needed, and stay with the patient throughout the previously agreed upon contracted duration of post-operative supervision. Should an emergency arise, the Contractor is expected to follow emergency protocol including contacting 911 and notifying VA staff within 24 hours of the event.

Contractor shall provide Medical Companion Services six (6) days per week, Monday through Saturday (not including Federal Holidays), and up to 32 hours per encounter (estimated 14 encounters monthly). Contractor must be able to cover all shifts within a twenty-four (24) hour period, answer phone calls 24/7 in case of emergencies and guarantee a call back within 15-20 minutes, for the term as previously discussed and agreed upon between the Contractor and the designated Medical Companion Program Coordinator (or designee). Services may only be requested by authorized VA staff which typically will be the Medical Companion Program Coordinator and/or the designee. The VA will provide an updated list of those individuals authorized to place requests annually to contractors.

3.2 CONTRACTOR REQUIREMENTS

3.2.1 Services Within the Home

3.2.1.1 Contractor will meet with identified patient at their residence within the expected timeline for the procedure as delineated on the original consult referral.

3.2.1.3 As necessary (and as previously agreed upon between Contractor and authorized VA staff), Contractor shall provide transportation from patient’s home to the designated medical center of procedure. See 3.2.3 for requirements for driving VA patients.

3.2.1.4 Contractor will stay on the medical center grounds/premises throughout length of procedure and will provide medical sign-out and transportation back to patient’s home for post-procedure clinical observation; length of time as ordered and delineated on referral.

3.2.1.5 The Contractor will complete total number of hours of services as ordered. If services terminate early, Contractor will request either (1) the patient sign an Early Termination Letter or (2) include on Summary of Services Form the name and relationship of caregiver that Contractor provided warm handoff of service. Prior to the early termination of services, Contractor will make a good faith effort to encourage the patient to follow the plan of care set forth and use sound judgement to determine if any interventions are necessary should there be an imminent concern regarding the patient’s safety.

3.2.1.6 The Contractor will provide support as needed including, but not limited to, ADL in addition to peri-procedural clinical observation.

3.2.1.7 The Contractor will aid patient with picking up medications as needed from VA pharmacy.

3.2.1.8 The Contractor will include (if applicable) Early Termination Letter and a signed document that summarizes and verifies receipt of services with invoicing.

3.2.1.9 The Contractor and patient sign and date agency specific Summary of Services Form (or likewise) to be submitted to the Medical Companion Program Coordinator within seven (7) days of services rendered.

3.2.1.10 The Contractor will abide by all agency rules, behavior, and performance standards.

3.2.1.11 The Contractor will provide services to the patient alone, and cannot conjoin care with other agency patients, private pay clients, and under no circumstances will have animals, children or other family or friends involved during hours ordered for care.

3.2.1.12 The Contractor shall observe the patient and any indication of a notable change in the patient’s condition shall be communicated immediately to the Medical Companion Program Coordinator and/or the 24-hour VA Call Center at 1-833-835-3874.

3.2.2 Services at VA Pittsburgh Healthcare System

3.2.2.1 Contractor will be present at the time of discharge and receive medical hand-off from the health care provider.

3.2.2.3 The Contractor will complete the total number of hours of services as ordered. If services terminate early, Contractor will request patient to sign an Early Termination Letter. If patient declines to sign an Early Termination Letter, Contractor to document that accordingly.

3.2.2.4 The Contractor will provide support as needed including, but not limited to, ADL care while providing post-procedure clinical observation.

3.2.2.5 The Contractor will aid the patient with picking up medications as needed from VA pharmacy.

3.2.2.6 The Contractor will provide (if applicable) Early Termination Letter with agency specific Summary of Services Form (or likewise) to the Medical Companion Program Coordinator or designee.

3.2.2.7 The Contractor will provide services to the patient alone, and cannot conjoin care with other agency patients, private pay clients, and under no circumstances will have animals, children or other family or friends involved during hours ordered for care.

3.2.3 Requirements for Driving VA Patients

3.2.3.1 The Contractor shall provide non-emergent medical transportation for ambulatory patients.

3.2.3.2 Trips may originate and terminate at locations within the VA Pittsburgh Healthcare System, a patient’s residence, a 50-mile radius around the University Drive Campus, or other locations as determined by VA authorized staff.

3.2.3.3 The Contractor and any Subcontractors will operate in accordance with the terms and conditions of this agreement, applicable federal and state regulations, rules, statutes, and industry-accepted quality standards identified in this Performance Work Statement.

3.2.3.4 No trip requests will be made directly by patients. All transportation requests will originate from authorized VA staff.

3.2.3.5 The Contractor shall ensure that requests for services are received from authorized VA staff. Services rendered in response to requests from other than authorized staff shall be at the risk of the Contractor and any costs related thereto shall be borne by the Contractor.

3.2.3.6 The VA Medical Centers providing services do not close during times of inclement weather. Contractor should make the necessary arrangements to have modes of transportation ready for transports as requested. In case of inclement weather, the decision as to whether a patient will be transported will be made mutually by the patient, medical team, and the Contractor.

3.2.3.7 If a patient being transported declines to be properly belted; they will not be transported. The Medical Companion Program Coordinator will be notified promptly. If the patient removes the securing devices during the trip, the driver will notify the Medical Companion Program Coordinator and medical staff upon arrival at destination. The Contractor is not required to transport any patient who refuses to be properly secured while being transported.

3.2.3.8 Contractor drivers shall ensure proper loading/unloading techniques of the patient (addition) are always followed. Only patients who are ambulatory and require transfer assistance will be serviced. Patients using motorized wheelchairs, motorized scooters or who are bedbound will not be referred for medical companion services unless they meet eligibility criteria for VA Beneficiary Travel benefits which would allow the Contractor to escort the patient on VA provided transportation suitable to meet the patient’s functional needs.

3.2.3.9 Contractor shall provide “through the door” assisted service for patients to and from their designated procedures. Patients shall be picked up on the ward, in their homes, in the clinics, or at other areas designated by the VA authorized staff and taken to the destination or procedure. Patients shall be always attended by the companion.

3.2.3.10 The Contractor may not transport non-VA persons, animals, family members or private-pay patients along with the patient as referred under this agreement. No patients enroute in any transport shall be transferred from the original vehicle to another vehicle at a location other than the destination address supplied by the VA authorized staff, unless extraordinary, urgent need situations arise (e.g., vehicle breakdown). All such events must be reported to the Medical Companion Program Coordinator. Drivers shall not make non-emergent stops for any reason during any patient transport under this agreement including requests made by the patient.

3.2.3.11 The Contractor shall have a contingency/backup plan in the event they are unable to perform services or have services performed as required. The Contractor shall immediately notify the Medical Companion Program Coordinator and provide justification for non-performance (such as when an alternate provider cannot be identified) and initiate the contingency/backup plan.

3.2.3.12 Should the Contractor encounter any problems with transporting of patients, such as accidents, safety problems, patients un-belting themselves and other such incidents, they shall contact the Medical Companion Program Coordinator or designee within one (1) hour of the incident by telephone and, if requested, in writing by close of business the next working day. During irregular tour of duty (2:01 pm to 9:00 am) they shall telephone the 24-hour VA Call Center at 1-833-835-3874 or dial 911.

3.2.3.13 Contractor shall not text message while driving.

3.2.3.14 Vehicles

3.2.3.14.1 The Department of Veterans Affairs reserves the right to inspect Contractor's vehicles or require documentation of compliance with agreement specifications, State laws, rules, regulations, and guidelines governing passenger vehicles. Inspections of Contractor vehicles or equipment shall in no way constitute a warranty by the Department of Veterans Affairs that the Contractor 's vehicles and equipment are properly maintained.

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

3.2.3.14.3 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.

3.2.3.14.4 All vehicles shall be well maintained in a clean and orderly condition, shall be smoke free, and provide proper ventilation for the patient.

3.2.4 Companion Qualifications and Conduct

3.2.4.1 Contractor will abide by all Health Insurance Portability and Accountability Act (HIPAA) laws.

3.2.4.2 Contractor will abide by all agency rules and regulations pertaining to privacy, behavior, and conduct.

3.2.4.3 Contractor will call 911 in the event of a medical emergency.

3.2.4.4 Contractor shall be proficient in speech, writing and reading of English language.

3.2.4.5 Contractor will be comfortable traveling to and from patient’s home and VA Pittsburgh Healthcare System as required.

3.2.4.6 Contractor to be comfortable working with vulnerable populations.

3.2.4.7 Contractor will treat patients with respect and dignity while providing care.

3.2.4.8 Contractor shall be able to provide proper identification of agency badges with names to patients upon request.

3.2.4.9 Contractor shall not use intoxicating liquors, narcotics, or controlled substances while on duty.

3.2.4.10 Contractor will not smoke while on duty.

3.2.4.11 Contractor will not solicit or accept tips from patients.

3.2.4.12 Contractor shall conduct themselves professionally and maintain personal hygiene and cleanliness.

3.2.5 Contractor Responsibilities

3.2.5.1 Contractor to provide a focused and dedicated effort to follow up on pending referrals to ensure prompt processing of cases.

3.2.5.2 Contractor will be available to answer patient’s questions or concerns about upcoming services by phone as needed.

3.2.5.3 Contractor will be able to manage multiple referrals concurrently.

3.2.5.4 Contractor will provide all documents required for invoicing (agency specific Summary of Service Form (or likewise), Early Termination Letter if applicable) within seven business days of completion of service performed.

3.2.5.5 Contractor will assure all employees are current with licensure and trainings, including but not limited to, the American Red Cross Adult CPR course and have on file a current certificate (renewed annually) to be made available to the Contracting Officer or VA Medical Companion Program Coordinator upon request.

3.2.5.6 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.

3.2.5.7 Sufficient insurance must be secured by Contractor to sufficiently cover their staff and the patient as required by Pennsylvania law.

3.2.5.8 Contractor shall be responsible for furnishing all vehicles, personnel, vehicle fuel and nametags/badges.

3.2.5.9 During the agreement period of performance, if the Contractor proposes to add on or replace personnel to perform agreement services, the Contractor shall submit the required evidence of training, certifications, licensing and any other qualifications to the designated Medical Companion Program Coordinator or designee. At no time shall the Contractor utilize add-on or replacement personnel to perform agreement services who do not meet the qualifications under the terms and conditions of this agreement.

3.2.5.10 It is understood by the Contractor that the companion is the employee of the Contractor and as such, the Contractor will be responsible for the liability insurance and maintenance on a regular basis, payment of wages, taxes, unemployment insurance, worker’s compensation, and Social Security taxes for the companion.

3.3 FEDERAL HOLIDAYS - The following Federal Holidays are observed by the Department of Veterans Affairs:

3.3.1 New Year’s Day

3.3.2 Birthday of Martin Luther King Jr.

3.3.3 Washington’s Birthday

3.3.4 Memorial Day

3.3.5 Juneteenth Day

3.3.6 Independence Day

3.3.7 Labor Day

3.3.8 Columbus Day

3.3.9 Veterans Day

3.3.10 Thanksgiving Day

3.3.11 Christmas Day

3.3.12 Any holiday specifically declared by the President of the United States to be a national holiday.

4. ADMINISTRATIVE: 5% of the time not involved in direct patient care.

4.1 Contractor shall be responsible for:

4.1.1. TASK 1:

Contractor employees are required to complete the online training classes within TMS entitled “VA Privacy and Information Security Awareness and Rules of Behavior” course number VA 10176, and “HIPAA and Privacy Training” course number VA 10203. Other training may be added or deleted as polices and guidance from higher authority is received. A Certificate of successful completion will be generated for each course. Copies of the certificates shall be maintained by the vendor and can be obtained from the POC if the employee cannot print them. Completion of these training courses is required on annual basis on the VA’s fiscal year.

5. REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (CPARS)

5.1 As prescribed in Federal Acquisition Regulation (FAR) Part 42.15; the Department of Veterans Affairs (VA) evaluates Contractor past performances on all awards that exceed the Simplified Acquisition Threshold (currently $250,000.00) and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each reporting closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the Federal Awardee Performance and Integrity Information System (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

5.1.1 Each Contractor whose award is estimated to exceed $250,000 requires a CPARS evaluation. A government Focal Point will register your agreement within thirty days after award and, at that time, you will receive an email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you can contact the Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690.

5.1.2 For awards with a period of one year or less, the contracting officer will perform a single evaluation when complete. For awards exceeding one year, the contracting officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the award, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The Contractor representative will have sixty (60) days to submit any comments and re-assign the report to the CO.

5.1.3 Failure for the Contractor’s representative to respond to the evaluation within those sixty (60) days, will result in the Government’s evaluation being placed on file in http://www.cpars.gov/ the database with a statement that the Contractor failed to respond; the Contractor’s representative will be “locked out” of the evaluation and may no longer send comments.

6. GOVERNMENT RESPONSIBILITIES

6.1 OVERSIGHT OF SERVICE/PERFORMANCE MONITORING (AWARD

ADMINISTRATION IF NOT ALREADY LISTED IN ANOTHER AREA):

The services to be performed by the Contractor will be monitored by the Program Point of Contact (POC) or alternate POC.

PERFORMANCE MONITORING:

Record-Keeping Monitoring System: A monitoring system is established for verification of actual hours worked by Contractor’s employees. The delegated POC is the VA official responsible for verifying compliance. The POC will tabulate the monthly hours worked utilizing the Contractor prepared “Summary of Services” document sent to the Medical Companion Program Coordinator. This document (or a similar document) is provided by the Contractor to the Medical Companion Program Coordinator that demonstrates services were rendered as ordered. This document should be signed at a minimum by the Contractor and preferably, the patient as well (if the patient declines to sign this document, documentation of the refusal will be considered sufficient). A single, consolidated invoice will be prepared for each Veteran encounter/service provided and submitted within 7 days of completion of services.

A properly prepared Summary of Services invoice will contain:

6.1.1 Patient Name and Date Service Performed

6.1.2 Location of Service Performed

6.1.3 Contractor’s Name and Address

6.1.4 Total Hours of Services Provided

7. SPECIAL REQUIREMENTS:

Under the authority of Public Law 104-262 and 38 USC 8153, the Contractor agrees to provide Professional an Allied Healthcare Staffing Services personnel and services in accordance with the terms and conditions stated herein, to furnish to and at VA Pittsburgh Healthcare System (VAPHS), the services and prices specified in the Section entitled Schedule of Services and Prices/Costs of this agreement.

7.1. SERVICES:

The services specified in the Sections entitled Schedule of Services and Prices/Costs and Special Requirements may be changed by written modification to this agreement.

The modification will be prepared by the VA Contracting Officer.

Other necessary personnel for the operation of the services contracted for at the VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

The services to be performed by the Contractor will be performed in accordance with VA policies and procedures and the regulations of the Medical Staff Bylaws of the VA facility. Section D Attachment #4 VHA Handbook 1660-3, Conflict of Interest Aspects of

Contracting for Scarce Medical Specialist Services, Enhanced Use Leases, Health Care Resource Sharing, Fee Basis, and Intergovernmental Personnel Act Agreements (IPAs)

8. BILLING & INVOICES:

8.1 Invoice requirements and supporting documentation: Supporting documentation and invoice must be submitted no later than the 20th workday of the month. Subsequent changes or corrections shall be submitted by separate invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

8.1.1. Name and Address of Contractor

8.1.2. Invoice Date and Invoice Number

8.1.3. Agreement Number and Purchase/Task Order Number

8.1.4. Date of Service

8.1.5. Contractor’s provider (s) (Names of Home Health Aide Services personnel and hours worked)

8.1.6. Hourly Rate

8.1.7. Quantity of hours worked

8.1.8. Total price

8.1.2. Vendor Electronic Invoice Submission Methods

Invoices will be electronically submitted to the Tungsten Website. Tungsten direct vendor support number is 877-489-6135 for VA awards.

The VA-FSC pays all associated transaction fees for VA orders. During Implementation (technical set-up) Tungsten will confirm your TAXPAYER ID Number with the VA-FSC.

This process can take up to five business days to complete to ensure your invoice is automatically routed to your Certifying Official for approval and payment. To successfully submit an invoice to VA-FSC please review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror your current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed with your Certifying Official (your CO or buyer). The VA-FSC requires specific information in compliance with the Prompt Pay Act and Business Requirements.

8.1.3. Payments in full/no billing VA beneficiaries: The Contractor shall accept payment for services rendered under this agreement as payment in full. VA beneficiaries shall not under any circumstances be charged nor their insurance companies charged for services rendered by the Contractor, even if VA does not pay for those services. This provision shall survive the termination or ending of the agreement.

8.1.3.1. To the extent that the Veteran desires services which are not a VA benefit or covered under the terms of this agreement, the Contractor must notify the Veteran that there will be a charge for such service and that the VA will not be responsible for payment.

8.1.3.2. The Contractor shall not bill, charge, collect a deposit from, seek compensation, remuneration, or reimbursement from, or have any recourse against, any person or entity other than VA for services provided pursuant to this agreement. It shall https://gcc02.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.kofax.com%2Fproducts%2Ftungsten&data=05%7C02%7C%7C3661386d555149342efe08dc0bbdb70e%7Ce95f1b23abaf45ee821db7ab251ab3bf%7C0%7C0%7C638398156650628198%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=UZe%2Fz4%2FdMuqLHdnbi9B9xKvrFabDKP1o47pZcxCsWiA%3D&reserved=0 be considered fraudulent for the Contractor to bill other third-party insurance sources (including Medicare) for services rendered to Veteran enrollees under this agreement.

Additionally, the vendor will provide the invoice data in one or more Excel spreadsheets as specified by the POC.

The Contractor shall accept payment for services rendered under this agreement as payment in full and will not bill the veteran their third-party insurer for any services covered under this agreement or for additional services for which the VA pays the Contractor, outside this agreement.

9. DELIVERABLES

Provided at Start of Agreement

9.1 Insurance Coverage - Contractor shall provide documentation of insurance policies to sufficiently cover their staff and the patient as required by Pennsylvania law at the start of the agreement and whenever new Companions are added as required in 3.2.5.7.

Provided Upon Completion of Service

9.2 Summary of Services or likewise: This document (or a similar document) is provided by the Contractor to the Medical Companion Program Coordinator that demonstrates services were rendered as ordered. This document should be signed at a minimum by the Contractor and preferably, the patient as well (if the patient declines to sign this document, documentation of the refusal will be considered sufficient). A single, consolidated invoice will be prepared for each Veteran encounter/service provided and submitted within 7 days of completion of services.

A properly prepared Summary of Services invoice will contain:

9.2.1 Patient Name and Date Service Performed

9.2.2 Location of Service Performed

9.2.3 Contractor’s Name and Address

9.2.4 Total Hours of Services Provided

9.3 Early Termination Letter - This document is provided by the Contractor to the Medical Companion Program Coordinator with invoicing if the patient requested to terminate services before hours ordered were completed. A properly prepared Early Termination Letter will contain:

9.3.1 Patient’s name, signature, initials, and date

9.3.2 Companion name, signature, and date

Should the patient decline to sign this document, documentation of the refusal will be considered sufficient.

9.4 Companion Information - The Contractor will be able to provide name and contact phone number of the companion prior to initiation of service date and annually thereafter. If requested, the Contractor will be able to provide companion qualification, a valid non-restricted operator’s license in accordance with Federal, State, and local

Government requirements for their place of operation for the services they are performing for this agreement and current vehicle insurance information and registration information. It is the Contractor's responsibility to assure all proper safety equipment in companion’s car is operational including, but not limited to, safety belts.

10. QUALITY ASSURANCE

10.1 The Contractor will be monitored annually on the following measures:

10.1.1 Timely invoicing – The Contractor is to submit monthly invoice in arrears (by the 20th day of the following month), indicating the dates and type of service provided.

10.1.2 Overall patient satisfaction rating of services – At least 70% of patients surveyed must be satisfied with services received.

10.1.3 Completion and return of deliverable (Summary of Services Form, Early Termination Letter if applicable, insurance coverage, and companion information)

10.1.4 Referral acceptance and services completion percentage rate – The Contractor is required to complete at least 90% of all accepted referrals for services in a timely manner.

10.1.5 Patient Safety - The Contractor shall observe the patient and any indication of a significant change in the patient’s condition shall be communicated immediately to the Medical Companion Program Coordinator or the 24-hour VA Call Center, 1-833-835-3874), during off tours as described in 3.2.3.12, or 911 (as per 3.2.4.3).

36C24424Q0165

SECTION B - CLAUSES & PROVISIONS

B.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This agreement incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

B.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this agreement. 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 agreement 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 agreement.

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

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

(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 agreement 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 agreement.

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

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

(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 agreement, 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 agreement.

(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 agreement 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 agreement 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 agreement.

(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 agreement.

(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 agreement debt; or

(C) The date on which an amount withheld and applied to the agreement 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 FAR 32.608-2 in effect on the date of this agreement.

(j) Risk of loss. Unless the agreement specifically provides otherwise, risk of loss or damage to the supplies provided under this agreement 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 agreement, if transportation is f.o.b. destination.

(k) Taxes. The agreement 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 agreement, 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 agreement, the Contractor shall be paid a percentage of the agreement 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 agreement, 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 agreement for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this agreement, title to items furnished under this agreement 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 agreement.

(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 agreement.

(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; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

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

(1) The schedule of supplies/services.

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

(3) The clause at 52.212-5.

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

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this agreement is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the agreement.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this agreement:

B.3 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS

or BPAs (JAN 2023) (DEVIATION)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule Contractor’s certified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of certified SDVOSB/VOSB listed in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with SBA size Standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

https://veterans.certify.sba.gov/

(c) A certified SDVOSB listed in the SBA certification database schedule holder will receive full credit, and a certified VOSB listed in the SBA certification database…