36C24520Q0553.docx
DOCX document 166 KB Posted
- Solicitation number
- 36C24520Q0553
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 36C24520Q0553 0001.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
36C24520Q0553
PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
PHONE:
FAX:
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED
SEE ADDENDUM
19.
20.
21.
22.
23.
24.
ITEM NO.
SCHEDULE OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA
26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
ARE
ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________
29. AWARD OF CONTRACT: REF. ___________________________________ OFFER
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DATED ________________________________. YOUR OFFER ON SOLICITATION
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
(REV. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
36C24520Q0553 07-31-2020 Deborah Reardon 781-635-4090 08-28-2020 2:00 Department of Veterans Affairs VAMC Martinsburg Facilites Management 510 Butler Ave Martinsburg WV 25405 X X 621910 $16.5 Million N/A X Department of Veterans Affairs VAMC Martinsburg 510 Butler Avenue Martinsburg WV 25405 Department of Veterans Affairs VAMC Martinsburg 510 Butler Avenue West Virginia WV 25405
PAYMENT WILL BE MADE BY
FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135 See CONTINUATION Page Ambulance ALS/BLS and Wheelchair Van Transpor t ation Services for Martinsburg VAMC.
This solicitation closes on August 28, 2020 at 2:00 P.M EST.
All responses shall be submitted electronically to:
deborah.reardon@va.gov before the closing date and time.
This requirement is subject to the ACFS Act, See attached wage determination.
Questions are due by August 10,2020 2:00PM EST.
Questions are to be submitted to deborah.reardon@va.gov This Solicitation is for a Firm-Fixed Price, Indefinite Delivery In d efinite Quantity (IDIQ) Contract.
Period of Performance 10/01/2020 thru 9/30/2025 The Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.
$0.00 See CONTINUATION Page X x Deborah Reardon Contracting Officer Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 4 |
| B.1 CONTRACT ADMINISTRATION DATA | 4 |
| B.2 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT | 5 |
| B.3 PRICE/COST SCHEDULE | 12 |
| ITEM INFORMATION | 12 |
| SECTION C - CONTRACT CLAUSES | 21 |
| C.1 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020) | 21 |
| C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 24 |
| C.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUN 2020) | 30 |
| C.4 52.216-18 ORDERING (OCT 1995) | 38 |
| C.5 52.216-19 ORDER LIMITATIONS (OCT 1995) | 38 |
| C.6 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 39 |
| C.7 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014) | 39 |
| C.8 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 39 |
| C.9 52.237-3 CONTINUITY OF SERVICES (JAN 1991) | 40 |
| C.10 SUPPLEMENTAL INSURANCE REQUIREMENTS | 40 |
| C.11 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020) | 41 |
| C.12 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018) | 43 |
| C.13 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018) | 43 |
| C.14 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 44 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 46 |
| D.1 CONTRACTOR CERTIFICATION: Immigration and Nationality Act of 1952, As Amended | 46 |
| D.2 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, , AND | 47 |
| D.3 WAGE DETERMINATION 2015-4297 | 52 |
| D.4 CONTRACTOR RULES OF BEHAVIOR | 61 |
| D. 6 Quality Assurance Surveillance Plan Performance Criteria Martinsburg VA Medical Center Ambulance Transportation Service | 66 |
| SECTION E - SOLICITATION PROVISIONS | 68 |
| E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) | 68 |
| E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 69 |
| E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 70 |
| E.4 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS | 74 |
| E.5 SUPPLEMENTAL INSTRUCTIONS TO OFFERORS | 74 |
| E.4 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 74 |
| E.5 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (JUN 2020) | 75 |
| E.6 52.216-1 TYPE OF CONTRACT (APR 1984) | 92 |
| E.7 52.216-27 SINGLE OR MULTIPLE AWARDS (OCT 1995) | 92 |
| E.8 52.233-2 SERVICE OF PROTEST (SEP 2006) | 92 |
| E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 93 |
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA
1. Contract Administration: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
b. GOVERNMENT:
Contracting Officer 36C245 Deborah Reardon Department of Veterans Affairs VAMC Martinsburg Facilities Management 510 Butler Ave Martinsburg WV 25405
2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:
| [X] |
| 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] | |
| b. Semi-Annually | [] | |
| c. Other | [x] Monthly, in arrears |
4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.
PAYMENT WILL BE MADE BY
FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
36C24520Q0553
Page 1 of Page 1 of
B.2 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
SUBJECT: Furnish 24-hour day, 365 days a year ALS and BLS ambulance service and wheelchair van transportation for the beneficiaries of the Martinsburg VAMC and clinics.
DEFINITIONS AND ACRONYMS
Administrative Officer of the Day (AOD) - VA employee who acts as the administrator during non-normal work hours. Such as evenings, weekends and holidays.
Base rate - Base rate is defined as the rate paid for one-way transportation from a designated pick-up point to a designated delivery point. This rate will be paid for all authorized one-way trips ordered under the contract action, with employees receiving at minimum of the Department of Labor Service Contract Act wage rates (included herein), during all phases of the trip made on behalf of the Government.
Contracting Officer (CO) — VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.
Contracting Officer's Representative (COR) — Individual or individuals designated by the Contracting Officer to place orders, furnish technical guidance, advice, certify invoices, and provides general supervision of the work performed under the executed contract.
Department of Veterans Affairs - (VA)
Martinsburg Veterans Affairs Medical Center (MVAMC)
Mileage Rates – Mileage rates for medical transportation services is the rate paid for each mile traveled beyond the specified Mileage Threshold. This rate applies to loaded, one-way transportation. VA uses Bing Maps (www.bing.com/maps) to compute reasonable mileage and is based on quickest route computations.
Mileage Threshold – The mileage threshold is defined as a 10-mile radius of the VAMC, Martinsburg WV.
Cancellations – A cancellation rate is applicable when a driver is dispatched to pick up a patient and for various possible reasons, the run is not completed, at no fault of the driver. (ex: VA calls to cancel, patient not at pick up location). When VAMC provides reasonable notification a cancellation charge will not apply. Reasonable notification is defined as when contractor is notified of cancellation within 30 minutes of the pickup time for trips within 10-mile radius and prior to driver departure for trips beyond 10-mile radius.
Waiting/Waiting Grace Period – Waiting as used in this contract is defined as the time required and verified by authorized medical facility personnel, for the contractor to wait at designated pickup and/or delivery pointes in performing contact services. Waiting will be charged in 30-minute increments. Waiting Grace Period – The waiting grace period is defined as 30 minutes prior to the time waiting charges commence. The base rate for medical transportation services shall include a fifteen (15) minute waiting grace period at origin and destination.
A. INTENT: Furnish 24-hour day, 365 days a year ambulance service for the beneficiaries of the Martinsburg VAMC and Clinics in strict accordance with all specifications, terms, conditions, provisions, and schedules of this solicitation and any resulting contract document. Such services shall include all labor, supervision, equipment, uniforms, and other items or services necessary for performance of the work. Also includes all National Holidays, from and to the front doors of apartments or houses and other areas (i.e. clinics, ward locations) designated by the MVAMC Transportation Office or AOD
B. QUALIFICATIONS: Offers will be considered only from bidders who are regularly established in the business called for and who are financially responsible and have the necessary equipment and personnel to furnish service in the volume required for all the items under this contract. Successful bidders shall meet all requirements of Federal, State, or City codes regarding operations of this type of service.
Each bidder must submit, along with a bid, a letter fully describing the make, model & year of vehicles, which bidder agrees to furnish under this proposal, including the location and telephone numbers of his establishment where calls are received, and vehicles are immediately available for dispatch. The Contracting Officer shall be notified in writing of any ambulance equipment added after award of the contract.
C. SCHEDULING OF WORK: The Transportation and AOD office are the only ones authorized to place requests for contract services with the Contractor’s dispatch office. The request for services shall specify the originating point and destination. Only such travel is authorized, and any cost incurred for unauthorized travel, stops, wait times, etc., will be the responsibility of the Contractor. The Contractor is cautioned that performance of a trip or substitution of type of vehicle at the request of others, without approval of appropriate authorized personnel, may be deemed as unauthorized travel for which the Contractor may bear the risk of non-reimbursement.
D. RESPONSE TIME: In most cases, transportation requests will be made 24 hours in advance, the day prior to the trip; however, the Contractor must be able to accept requests for same day service and to schedule them in a manner that meets the arrival time needs for medical appointments, etc. For an unscheduled transport, the Contractor must dispatch an ambulance and shall arrive with 45 minutes of VA notification. Ambulance shall be required to transport patient's belongings, wheelchairs, or medications with the patient.
The Contractor shall furnish, and dispatch required service within 45 minutes immediately after receiving a BLS request. The VA reserves the right to obtain the service from another source, and to charge the Contractor with any excess cost which may result, therefore. The VA will be the sole judge in determining when to order service from another source.
Failure to pick-up or to deliver a patient within 30 minutes of the allowed times shall result in a payment deduction of one-fourth of the applicable charges for the trip for each thirty minutes the contractor is late. After the first 30 minutes, for each 15minute portion added to the thirty minutes, the charge will be one-eighth of the applicable charges. The Contractor shall be charged additionally for instances where such failures cause a patient to miss an appointment. The Contracting Officer, Transportation Supervisor and the Chief of Facility Management Service shall make determination of appropriate charges. The assessment of charges, for each occurrence, shall be based upon the cost of the missed appointment to include treatment cost and any indirect administrative charges the VA incurs in rescheduling the appointment.
It shall be the responsibility of the Contractor's Representative to immediately notify the VA ordering office (Transportation Clerk/AOD) when unable to make a pick-up or delivery by the exact time specified for previously scheduled trips; or unable to dispatch an ambulance to a designated pickup point within the required time frame for unscheduled request for services. The notification shall include the reason for the delay and whether the pick-up or delivery can be made at a later time and if so, at what times.
It shall be the sole discretion of the VA ordering office (Transportation Clerk/AOD) to decide: 1) to accept the later pick-up or delivery time, and based upon reason for the delay, present the delay for payment reduction; or 2) refuse the later pick-up or delivery time, order the services from another source, (the applicable order office (Transportation Clerk/AOD) shall be the sole entity for determining when to request the services from another source), and present the reason for delay, to the Contracting Officer, as an occurrence that may be subject to default. Further, based upon the reason for the delay, the Contractor may be charged with excess cost incurred by the VA in ordering the service from another source. For the purpose of this contract, "excess cost" is the difference between prices charged by another source used and the applicable contract prices.
During a six (6) month period: 1) one avoidable delay longer than thirty (30) minutes, 2) two (2) consecutive delays regardless of duration; 3) a total of two (2) delays resulting in any patient missing an appointment; 4) two (2) failures to meet the required dispatch times; or 5) any combination of two (2) of the aforementioned incidents, may be subject to the provisions of default. This determination will be made by the Contracting Officer.
Failure to meet response times that are caused by the patient, the patient's family, VA personnel, and medical emergency while in route, or other causes beyond the control and without negligence of the dispatcher or the ambulance attendant, will not be held against the Contractor. Should such incidents occur, and if possible, the ambulance attendant shall notify-the VA ordering office (Transportation Clerk/AOD) and shall document the circumstances on the trip ticket.
E. WAITING TIME: For time lost in waiting more than 30 minutes at either end or both ends of a trip due to causes beyond his control, the Contractor will be reimbursed for time, after first 30 minutes, he reports to the designated person.
If the pick-up is other than at the VA Medical Center (VAMC), the Contractor shall call the Transportation Clerk during regular working hours and the AOD after regular working hours as soon as he anticipates that a delay may develop for which he expects to claim reimbursement. This call is only for the purpose of verifying his arrival time at the pick-up point and is not necessary if the Contractor anticipates no delay for which he will claim reimbursement
F. TOLL CHARGES: It is agreed and understood that the prices quoted in the schedule do not include any ferry, bridge, tunnel or road toll charges. Any such legitimate toll charges incurred shall be limited to "ONE WAY ONLY" and shall be listed separately on the Contractor's invoice and substantiated with original receipts
G. INSPECTION: The right is reserved to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualifications of any bidder and to reject any bid, irrespective of price, that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance. If any ambulance equipment is added after inspection, subsequent to award of contract, it shall be inspected and approved by the Contracting Officer, COR or VA EMS Program Manager before being placed in use under this contract.
Inspection of Contractor's Equipment: The Contracting Officer reserves the right to inspect the equipment the bidder proposes to use in the performance of the contract, prior to award of the contract. Upon request, bidders will promptly furnish to the Government a statement of bidder's previous experience, organization (including company officers), technical qualifications, financial resources, and facilities available to perform the work under this contract.
H. EVIDENCE OF INSURANCE COVERAGE: Before award of 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 interests of the Government in such insurance shall not be effective unless 30-day written notice of cancellation or change is furnished to the Contracting Officer.
I. VEHICLE: Each vehicle used must be equipped at all times during performance as required by Federal, State, and local laws, ordinances, codes, rules or regulations. The ambulance under the terms of this contract shall be licensed and must meet the minimum vehicle requirements as mandated by the West Virginia Department of Health, Bureau of Emergency Medical Services.
All vehicles must meet or exceed the minimal specifications. The basic emergency care vehicle contracted for shall be the Type 1, Type II, or Type III ambulance.
Failure by the Contractor to maintain compliance with any of the provisions specified in this section for vehicles used in performance may be considered grounds for default of the contract.
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 wellbeing.
All vehicles shall be well maintained in a clean and orderly condition. Vehicles must be free from physical damage, odor and debris.
All vehicles shall be smoke free and provide the proper ventilation for the patient.
J. AMBULANCE MEDICAL EQUIPMENT: Each emergency medical care vehicle will have patient compartment facilities, oxygen and suction systems and equipment, environmental climatic equipment, communications and additional systems equipment accessories and supplies as required by the State of Maryland at no additional charge. Each emergency medical care vehicle will be properly equipped to provide IV pump therapy, as patient needs requires.
ALS Ambulances shall have a 3-lead Cardiac Monitor and a Pulse Oximeter capable of monitoring oxygen saturations that correlates within 2-3% of measured oxygen saturations. The device must be capable of being monitored in real time.
For transporting of stable patients requiring assisted ventilation, a mechanical ventilator capable of control, assist-control, and Synchronized Intermittent Mandatory Ventilation (SIMV) mode must be available. Ambulance staffs who transport these patients must have documented competencies in the use of this ventilator.
K. MAINTENANCE OF VEHICLES, SUPPLIES AND EQUIPMENT: The vehicle(s), to include supplies and equipment, shall be maintained in a manner so as to assure safe quality medical transportation and, if needed, emergency medical care. Standards for maintenance, safe transportation, and emergency medical care shall be based upon those dictated by the vehicle manufacturers recommended maintenance procedures, the industry safety standards, and those procedures and directives defined in the Contractor's Medical Treatment Protocol.
At a minimum, the VA requires a daily, monthly, semi-annual and annual vehicle maintenance and inventory inspection.
Daily the vehicle shall be checked for its operational condition, i.e., tire pressure, functional lights, oil level, etc. and inventoried for proper equipment and supply levels.
Monthly, semi-annual, and annually, the vehicle shall be checked using the manufacturer's recommended preventive maintenance inspection procedures. Supplies shall be checked for sterility, level compliance and to ensure, as applicable, that instrument, fluids, medications, etc., are not outdated.
Documentation of inspections and inventories, to include comments of any action taken to correct discrepancies, shall be retained for a period of no less than thirty (30) days. Should it be requested, the inspection and inventory data shall be available for review by the Contracting Officer and/or COR.
L. GOVERNMENT OWNED EQUIPMENT/SUPPLIES: Any and all equipment, machinery, lines, etc. taken with patients must be returned. The Contractor must provide his own linens and must not be exchanged with VA linens.
M. PATIENT CONFIDENTIALITY: Contractor shall insure the confidentially and security of all patient information and shall be held liable in the event of breach of confidentiality. The contractor shall comply with the provisions of the Privacy Act (5 USC 522a), Confidentiality of Drug Abuse, Alcohol Abuse, Sickle Cell Anemia, and HIV/AIDS Treatment Records (38 USC 7332 and 38 USC 4132) and Confidentiality of Medical Quality Assurance Records (38 USC 5705 and 38 USC 3305). The contractor shall comply with all pertaining to confidentiality and security statutes. The contractor shall be Health Insurance Portability and Accountability Act (HIPAA) compliant. Failure to comply with statues regarding confidentiality and security of patient health information/individually identifiable information may result in financial sanctions.
In addition, all patient charts and records transported with the patient are confidential and limited to a "need to know" basis for the Contractor's personnel. Appropriate administrative and medical information will be provided to the Contractor for patient transport. If the medical record is transported with the patient, it may be used as a source of information if the situation warrants. In all other instances, all documents will remain intact and secured.
N. HIPAA COMPLIANCE: HIPAA compliance is required. The Contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the Contractor may be required to enter into a Business Associate Agreement (BAA) with VA. VACO has recognized ambulance service as an entity that does not require a BAA with their contractors as long as they are conducting health care on behalf of the VA — ground ambulance program qualified as a medical service — therefore, no BAA is required.
O. CONTRACTOR PERSONNEL: Contractor personnel assigned to perform services under this contract shall meet or exceed all current City, County, State, or Federal licensures, certifications, and training relative to the function they are to perform under this contract. Minimally, included, would be re-certification(s), continuing education and/or refresher courses. These requirements shall be maintained current throughout the life of this contract. Personnel's certifications and documentations shall be presented to the CO upon request.
Contractor personnel shall wear a company uniform with the employee's name readily visible on the outside of the uniform, while performing services under the contract. This can be a legend on a uniform or uniform jacket or by means of a name badge or a combination of both. Uniforms shall be clean and maintained, in good repair to present a professional image. Drivers must maintain accepted standards of cleanliness and grooming and demonstrate courtesy of the patients being transported. The Government reserves the right to refuse/dismiss any personnel from providing services under this contract.
The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the Contractor.
Contractor drivers shall not use handheld devices to text or make calls while operating motor vehicle. Use of wireless/hands-free options are permitted.
P. EMERGENCY MEDICAL TECHNICIAN: When required, EMTs providing emergency services on ambulances serving VAMCs and clinics must have the following qualifications:
Have completed training in accordance with the standards published by the Department of Health and Human Services (DHHS) with a minimum curriculum of 81 hours or "equivalent", including an in- hospital training period. Such training program must also be acceptable under the regulating requirements for local EMS systems supported by DHHS under PL 93-154, 39 Red. Reg 24.304 (1974).
Evidence of the "equivalent" training program successfully completed by the EMT must be submitted to the Contracting Officer.
The EMT must be certified, licensed or otherwise officially recognized by the local, state, or regional government or public entity where the emergency ambulance service is operated or by which it is governed.
The EMT must be enrolled periodically in "refresher" continuing education, or advanced training programs as required by the local or state government entity in which the service is rendered to veterans but in no instance shall this be less frequently than every two years. Such "refresher" training must be equivalent to that developed by the Department of Transportation, National Safety Administration. Evidence of successful completion for refresher training must be submitted to the Contracting Officer.
Q. NON-EMERGENCY ATTENDANT-DRIVER(S): Prices include non-emergency medical technicians and/or drivers as appropriate. Technicians and drivers must be capable to administer oxygen and have successfully completed the Standard and Advanced First Aid Courses of the American Red Cross of the U.S. Bureau of Mines, or equivalent. Proof in the form of a current certificate that such first aid training has been successfully completed must be available upon request.
An authorized official of the Department of Veterans Affairs may, in the best interest of the beneficiary, allow a relative to accompany him/her.
R. CONTRACTOR OPERATIONAL REQUIREMENTS: All ambulances used in conjunction with this contract shall meet or exceed all current City, County, State, and Federal regulations as they pertain to the requested services under this contract. Ambulances shall be well maintained and in a constant state of readiness throughout the life of this contract. Maintenance records, Certifying Agency or Agencies inspections and other pertinent records shall be presented to the CO upon request.
Ambulances shall be clearly marked (identifiable) for the purpose they are to perform. The exterior shall be kept neat and professional in appearance. Interior shall be kept orderly, clean, and professional in appearance and in an organized manner.
All ambulances while performing services under this contract shall meet or exceed all current City, County, State, and Federal regulations as they pertain to the qualifications and staffing levels of the personnel aboard.
The Government reserves the right to refuse/dismiss any vehicle from providing services under this contract.
S. CONTRACTOR REGISTRATION: Federal Acquisition Regulations (FAR) require that federal contractors register in the System for Award Management (SAM) database at www.sam.gov and enter all mandatory information into the system. Award may not be made until the contractor has successfully registered. Offerors are encouraged to ensure that they are registered prior to submitting their offer.
T. INVOICE SUBMISSION: Invoices are to be submitted in a timely manner for review. Any invoices not submitted in a timely manner may be denied for payment.
U. OPTION YEARS: The Contractor is notified that Option Years are not automatically renewed. The Contracting Officer may renew option years in accordance with FAR Clause 52.217-9, Option to Extend the Term of the Contract.
The Contracting Officer will evaluate the contractor's performance annually. The report shall be assigned in CPARS to the contractor's designated representative for comment. The contractor representative will have 30 days to submit any comments and re-assign the report to the Contracting officer. Failure to register and respond within the thirty days will result in the Government's evaluation being placed on file in the database with a statement that the contractor failed to respond.
V. INCIDENT-ACCIDENT REPORTS: In the event that the Contractor is involved in any incident or accident while transporting a VA patient, regardless of how minor the incident/accident appears to be, verbal notification with all the facts as they relate to the incident/accident shall be reported to the COR, AOD, or CO. This notification shall take place once the medical necessity or crisis has ended. A written report shall be submitted to the CO within forty-eight (48) hours of the incident/accident with a list of the contractor staff names (drivers/attendants), patient name(s), any pertinent information and witnesses.
W. NATIONAL HOLIDAYS: Ambulance services shall be available upon request 24 hours a day, 365 days a year including all National Holidays.
National Holidays are:
New Year's Day Martin Luther King's Birthday President's Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day
Note: Also included would be any other day specifically declared by the President of the United States to be a National Holiday.
B.3 PRICE/COST SCHEDULE
The quantity listed in the below price schedule are based on estimates. The maximum ceiling amount is $5,000,000.00 for this requirement. This will be a multiple award Fixed Price contract with shared capacity not to exceed $5,000,000.00. The government anticipates awarding to a target of four contractors.
The mileage threshold is defined as a 10-mile radius of the VAMC, Martinsburg WV
ITEM INFORMATION
| ITEM NUMBER |
| DESCRIPTION OF SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 20.00 |
| EA |
| __________________ |
| __________________ |
ALS ONE WAY NAICS 621910 PSC V225
Contract Period:
POP Begin: 10-01-2020 POP End: 09-30-2021
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS ROUNDTRIP NAICS 621910 PSC V225
| 300.00 |
| EA |
| __________________ |
| __________________ |
ALS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
POP End: 09-30-2121
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS WAIT FEE PER 15 MIN AFTER 30 MIN NAICS 621910 PSC V225
| 60.00 |
| EA |
| __________________ |
| __________________ |
BLS ONE WAY NAICS 621910 PSC V225
| 120.00 |
| EA |
| __________________ |
| __________________ |
BLS ROUNDTRIP NAICS 621910 PSC V225
| 175.00 |
| EA |
| __________________ |
| __________________ |
BLS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
| 15.00 |
| EA |
| __________________ |
| __________________ |
BLS WAIT FEE PER 15 AFTER 30 MIN NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
OXYGEN FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
MONITOR FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR VAN TRANSPORT LOAD FEE NAICS 621910 PSC V225
| 150.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR MILAGE FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR WAIT TIME NAICS 621910 PSC V225
| 5.00 |
| EA |
| __________________ |
| __________________ |
EXTRA ATTENDANT FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
ALS ONE WAY NAICS 621910 PSC V225
POP Begin: 10-01-2021 POP End: 09-30-2022
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS ROUNDTRIP NAICS 621910 PSC V225
| 300.00 |
| EA |
| __________________ |
| __________________ |
ALS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS WAIT FEE PER 15 MIN AFTER 30 MIN NAICS 621910 PSC V225
| 60.00 |
| EA |
| __________________ |
| __________________ |
BLS ONE WAY NAICS 621910 PSC V225
| 120.00 |
| EA |
| __________________ |
| __________________ |
BLS ROUNDTRIP NAICS 621910 PSC V225
| 175.00 |
| EA |
| __________________ |
| __________________ |
BLS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
| 15.00 |
| EA |
| __________________ |
| __________________ |
BLS WAIT FEE PER 15 AFTER 30 MIN NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
OXYGEN FEE NAICS 621910 PSC V225 NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
MONITOR FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR VAN TRANSPORT LOAD FEE NAICS 621910 PSC V225
| 150.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR MILAGE FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR WAIT TIME NAICS 621910 PSC V225
| 5.00 |
| EA |
| __________________ |
| __________________ |
EXTRA ATTENDANT FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
ALS ONE WAY NAICS 621910 PSC V225
POP Begin: 10-01-2022 POP End: 09-30-2023
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS ROUNDTRIP NAICS 621910 PSC V225
| 300.00 |
| EA |
| __________________ |
| __________________ |
ALS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
POP End: 09-30-2123
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS WAIT FEE PER 15 MIN AFTER 30 MIN NAICS 621910 PSC V225
| 60.00 |
| EA |
| __________________ |
| __________________ |
BLS ONE WAY NAICS 621910 PSC V225
| 120.00 |
| EA |
| __________________ |
| __________________ |
BLS ROUNDTRIP NAICS 621910 PSC V225
| 175.00 |
| EA |
| __________________ |
| __________________ |
BLS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
| 15.00 |
| EA |
| __________________ |
| __________________ |
BLS WAIT FEE PER 15 AFTER 30 MIN NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
OXYGEN FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
MONITOR FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR VAN TRANSPORT LOAD FEE NAICS 621910 PSC V225
| 150.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR MILAGE FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR WAIT TIME NAICS 621910 PSC V225
| 5.00 |
| EA |
| __________________ |
| __________________ |
EXTRA ATTENDANT FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
ALS ONE WAY NAICS 621910 PSC V225
POP Begin: 10-01-2023 POP End: 09-30-2024
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS ROUNDTRIP NAICS 621910 PSC V225
| 300.00 |
| EA |
| __________________ |
| __________________ |
ALS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS WAIT FEE PER 15 MIN AFTER 30 MIN NAICS 621910 PSC V225
| 60.00 |
| EA |
| __________________ |
| __________________ |
BLS ONE WAY NAICS 621910 PSC V225
| 120.00 |
| EA |
| __________________ |
| __________________ |
BLS ROUNDTRIP NAICS 621910 PSC V225
| 175.00 |
| EA |
| __________________ |
| __________________ |
BLS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
POP End: 09-30-2124
| 15.00 |
| EA |
| __________________ |
| __________________ |
BLS WAIT FEE PER 15 AFTER 30 MIN NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
OXYGEN FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
MONITOR FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR VAN TRANSPORT LOAD FEE NAICS 621910 PSC V225
| 150.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR MILAGE FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR WAIT TIME NAICS 621910 PSC V225
| 5.00 |
| EA |
| __________________ |
| __________________ |
EXTRA ATTENDANT FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
ALS ONE WAY NAICS 621910 PSC V225
POP Begin: 10-01-2024 POP End: 09-30-2025
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS ROUNDTRIP NAICS 621910 PSC V225
| 300.00 |
| EA |
| __________________ |
| __________________ |
ALS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
| 30.00 |
| EA |
| __________________ |
| __________________ |
ALS WAIT FEE PER 15 MIN AFTER 30 MIN NAICS 621910 PSC V225
| 60.00 |
| EA |
| __________________ |
| __________________ |
BLS ONE WAY NAICS 621910 PSC V225
| 120.00 |
| EA |
| __________________ |
| __________________ |
BLS ROUNDTRIP NAICS 621910 PSC V225
| 175.00 |
| EA |
| __________________ |
| __________________ |
BLS COST PER LOADED MILE AFTER 10 NAICS 621910 PSC V225
| 15.00 |
| EA |
| __________________ |
| __________________ |
BLS WAIT FEE PER 15 AFTER 30 MIN NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
OXYGEN FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
MONITOR FEE NAICS 621910 PSC V225
| 100.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR VAN TRANSPORT LOAD FEE NAICS 621910 PSC V225
| 150.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR MILAGE FEE NAICS 621910 PSC V225
| 20.00 |
| EA |
| __________________ |
| __________________ |
WHEELCHAIR WAIT TIME NAICS 621910 PSC V225
| 5.00 |
| EA |
| __________________ |
| __________________ |
EXTRA ATTENDANT FEE NAICS 621910 PSC V225
| GRAND TOTAL |
| __________________ |
SECTION C - CONTRACT CLAUSES
C.1 52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)
(a) Definitions. As used in this clause— "Agent" means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
"Full cooperation"—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require—
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from—
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
"Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
"Subcontract" means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
"Subcontractor" means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.
"United States" means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct.
(1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall—
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall—
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed—
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked "confidential" or "proprietary" by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program shall be provided to the Contractor's principals and employees, and as appropriate, the Contractor's agents and subcontractors.
(2) An internal control system.
(i) The Contractor's internal control system shall—
(A) Establish standards and procedures to facilitate timely discovery of improper conduct in connection with Government contracts; and
(B) Ensure corrective measures are promptly instituted and carried out.
(ii) At a minimum, the Contractor's internal control system shall provide for the following:
(A) Assignment of responsibility at a sufficiently high level and adequate resources to ensure effectiveness of the business ethics awareness and compliance program and internal control system.
(B) Reasonable efforts not to include an individual as a principal, whom due diligence would have exposed as having engaged in conduct that is in conflict with the Contractor's code of business ethics and conduct.
(C) Periodic reviews of company business practices, procedures, policies, and internal controls for compliance with the Contractor's code of business ethics and conduct and the special requirements of Government contracting, including—
(1) Monitoring and auditing to detect criminal conduct;
(2) Periodic evaluation of the effectiveness of the business ethics awareness and compliance program and internal control system, especially if criminal conduct has been detected; and
(3) Periodic assessment of the risk of criminal conduct, with appropriate steps to design, implement, or modify the business ethics awareness and compliance program and the internal control system as necessary to reduce the risk of criminal conduct identified through this process.
(D) An internal reporting mechanism, such as a hotline, which allows for anonymity or confidentiality, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.
(E) Disciplinary action for improper conduct or for failing to take reasonable steps to prevent or detect improper conduct.
(F) Timely disclosure, in writing, to the agency OIG, with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of any Government contract performed by the Contractor or a subcontractor thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed a violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 U.S.C. or a violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(1) If a violation relates to more than one Government contract, the Contractor may make the disclosure to the agency OIG and Contracting Officer responsible for the largest dollar value contract impacted by the violation.
(2) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract, and the respective agencies' contracting officers.
(3) The disclosure requirement for an individual contract continues until at least 3 years after final payment on the contract.
(4) The Government will safeguard such disclosures in accordance with paragraph (b)(3)(ii) of this clause.
(G) Full cooperation with any Government agencies responsible for audits, investigations, or corrective actions.
(d) Subcontracts.
(1) The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts that exceed the threshold specified in FAR 3.1004(a) on the date of subcontract award and a performance period of more than 120 days.
(2) In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.
(End of Clause)
C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .