36C24623Q0382 0004.docx

Amendment 0004 36C24623Q0382

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) None 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 36C246 Department of Veterans Affairs Network Contracting Office 6 100 Emancipation Drive Hampton

VA

23667 To all Offerors/Bidders

36C24623Q0382 02-11-2023

X X X

X

1. Request for Quote (RFQ) No. 36C24623Q0382 is hereby amended to address the Government's response to Contractor's question, See Page 2.

2. The PWS Section B.3., as revised by Amendment 0001, is replaced in its entirety by Amendment 0004. Please see highlighted area.

3. The closing date for offers remains the same at 1:00PM EST on March 3, 2023.

4. All other terms and conditions remain the same.

Stephanie M. Thompson Contracting Officer Amendment 0004

CONTINUATION PAGE

Q.1. Although Amendment 0001 notes that wheelchair drivers will not be required to administer oxygen to a beneficiary, it appears that in the PWS, Section B.3 was never actually revised as the specific requirement in question (for the administering of oxygen) regarding Paragraph 5.6 remained exactly the same in Amendment 0001 as it was in the original solicitation. Please clarify.

A.1. Paragraph 5.6 of the PWS has been revised as follows:

5.6 Non-Emergency Attendant/Drivers will not be required to administer oxygen to a beneficiary; however, they may be required to store the beneficiary’s self-administered oxygen and have successfully completed the Standards and Advanced First Aid Courses of the American Red Cross or U.S. Bureau of Mines or equivalent. Proof in the form of a current certificate shall be available upon request.

PWS, Section B.3., has been replaced by Amendment 0004 in its entirety.

B.3 PERFORMANCE WORK STATEMENT

1.0 PURPOSE:

Contractor shall provide assisted transportation (Wheelchair Van Transportation) services for the beneficiaries of the Veterans Affairs Medical Center (VAMC) in Fayetteville, North Carolina located at 2300 Ramsey Street, Fayetteville, NC 28301, Health Care Centers (HCC), and Community Based Outpatient Clinics (CBOCs) known as the Coastal and Sandhills regions within the Fayetteville Medical Center enterprise in accordance with the terms and conditions herein. The contractor shall furnish 24-hour Wheelchair Van transportation services for the beneficiaries on an as needed basis, and for patients with regular standing appointments at either the VAMC or private facilities in the community. The Government intends to award a firm fixed-price Requirements type contract for these services.

Definitions(s):

Add on service – Service requests not pre-scheduled but provided to the contractor daily requiring a 45 minute response time or better. These are services which are needed after the scheduling deadline provided by hospital staff (i.e. emergency room runs, clinic add on appointments, transfers to or from other facilities, etc.)

Administrative Officer of the Day (AOD) – VA employee who acts as the administrator during all hours that are not normal working hours. Normal working hours are 8:00 a.m. to 4:30 p.m. Monday through Friday, excluding 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 the Department of Labor Service Contract Act wage rates (included herein), during all phases of the trip made on behalf of the Government. Attached Service Contract Act wage rate determinations will be updated each option year when/if new revisions are issued. The Base Rate shall constitute full compensation for one-way trips which do not exceed the “Mileage threshold”.

Beneficiary – Veterans and other members determined to be eligible for benefits by the VA.

Contracting Officer – VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contracting Officer’s Representative (COR) – A person delegated by the Contracting Officer to act for him/her in furnishing technical guidance and advice or generally supervise the work to be performed under the contract.

Gender – For the purpose of equal rights, wherever the masculine gender is used in this solicitation, and the resulting contract, it shall be considered to include both masculine and feminine gender.

Mileage Rate – Mileage rate for wheelchair van transportation services is the rate paid for each mile traveled beyond the specified Mileage Threshold. This rate applies to loaded, one-way transportation as well as no load trips outside the 20-mile radius of Fayetteville VAMC (Fayetteville, NC), Fayetteville VA Health Care Center (HCC) (Fayetteville, NC), Wilmington, VA HCC (Wilmington, NC), Jacksonville Community Based Outpatient Clinic (CBOC) (Jacksonville, NC), Hamlet CBOC (Hamlet, NC), Sanford CBOC (Sanford, NC), Robeson CBOC (Pembroke, NC), Goldsboro CBOC (Goldsboro, NC), and Brunswick County CBOC (Supply, NC). In no event shall the Contractor receive this rate for miles traveled within the specified mileage threshold.

Mileage: To determine what is considered reasonable mileage, VA will utilize Bing Maps internet version (internet address: https://www.bingmaps.com) for quickest route computations. Mileage is computed for out-of-town runs beginning or ending at the Metro limit. Unless specifically approved by Travel for extenuating circumstances, requests for payment of mileage determined not reasonable by the VA will not be paid. Contractor must ensure that pickups and drop-offs are scheduled so that the total distance traveled will result in the most economical charges to the Government. “Metro Limit” is defined as “Point of Origin or Destination”.

Mileage Threshold – The mileage threshold is defined as a 20-mile radius of each of the following facilities: Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC using Bing Maps internet version (internet address: https://www.bingmaps.com). For all one-way trips and no loads within a 20-mile radius of the Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC, the contractor will receive the base rate awarded for that trip. The Contractor will also receive the mileage rate awarded for any one-way trips and no loads in excess of the flat rate outside the 20-mile radius of the Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC. In no event shall the Contractor receive reimbursement for mileage rate for any trips inside the 20-mile radius Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC. Mileage rates are only applicable outside the 20-mile radius of the Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC. “Mileage Threshold” is 20 miles as determined by the “Point of Origin or Destination”.

No load/cancellation charge – A no load/cancellation mileage 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. A no load/cancellation form will be completed by the driver and submitted to the COR or designee (staff who approved the no-service) for signature/concurrence. When the VAMC travel office provides reasonable notification, a no load/cancellation charge will not apply. Reasonable notification is defined as when the travel office notifies the contractor of cancellation within 30 minutes of the pickup time for trips within 20-mile radius of Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC and prior to driver departure for trips beyond the 20-mile radius of Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC.

Waiting – 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 pick-up and/or delivery points in performing contract services.

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 points in performing contract services For excusable time lost in waiting at either end of a trip, the contractor will be reimbursed at the rate of one-fourth the hourly rate for each quarter hour.

Waiting Grace Period – The waiting grace period is defined as fifteen (15) minutes prior to the waiting time charges commence. The base rate for wheelchair van transportation services shall include a fifteen (15) minute waiting grace period at origin and destination.

2.0 BACKGROUND

The Department of Veterans Affairs Medical Center, Fayetteville, NC (VAMC) provides diagnostic and therapeutic services in medicine, surgery, rehabilitation medicine, psychiatry, and skilled nursing home care. This care facility also provides ambulatory services to those veterans not requiring hospitalization.

Destinations for Veterans transported to include:

Fayetteville VA Medical Center 2300 Ramsey Street Fayetteville NC 28301

Fayetteville VA Health Care Center 7300 S. Raeford Road Fayetteville NC 28304

Wilmington VA Health Care Center 1705 Gardner Road Wilmington NC 28405

Jacksonville Community Based Outpatient Clinic 4006 Henderson Drive Jacksonville, NC 28546

Hamlet Community Based Outpatient Clinic 100 Jefferson St Hamlet NC 28345

Sanford Community Based Outpatient Clinic 3112 Tramway Road Sanford NC 27332

Robeson Community Based Outpatient Clinic 139 Tree Hunts Dr Pembroke NC 28372

Goldsboro Community Based Outpatient Clinic 2610 N. Hospital Road Goldsboro NC 27534

Brunswick County Community Based Outpatient Clinic 18 Doctors Circle, Units 2&3 Supply NC 28462

3.0 DEFINITIONS:

· Contracting Officer (CO):

The responsible party for administering contractual terms, and has warranted capabilities:

· Contracting Officer’s Representative (COR):

Is the designee to represent the Contracting Officer in furnishing technical guidance and advice or generally administer the work being performed under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to the Contractor(s) relative to financial or legal aspects of the contract. Enforcement of these segments is vested in and is the responsibility of the Contracting Officer.

4.0 PASSENGER TRANSPORTATION:

4.1 Contractor shall provide wheelchair van transportation services seven (7) days per week (including holidays), twenty-four (24) hours per day, three hundred sixty-five (365) days per year, for the term of this contract. The majority of requests for service will be between the hours of 6:00 a.m. and 6:00 p.m. Monday through Friday. The COR, or his designee, will make requests for services in writing or by telephone, for beneficiary travel eligible Veterans. The contractor will be informed at that time of the location for pick-up and drop-off of the beneficiary.

The contractor shall provide telephone numbers and email address(es) for receiving requests for services. If the contractor fails to furnish the service within 45 minutes after receiving a request, including messages left on answering machine or with answering services, the Medical Center reserves the right to obtain the service from another source and charge the contractor for the additional expenses.

The contractor shall provide the VA Medical Center with the communication method of contacting the Contractor on a twenty-four (24) hour per day basis.

Patient Pick-Up and Delivery from/to VAMC facilities:

Services for Wheelchair Vans drivers shall report to the Fayetteville VAMC Urgent Care Center (UCC) to check in for each transport. The Health Administration Service (HAS) has administrative staff in the UCC 24/7, during the hours of 8:00 a.m. to 4:30 p.m. Monday thru Friday and with the AOD at all other times to sign the driver’s log.

Access to the Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC shall be obtained through wheelchair ramps and the door accesses located to the left and right of the emergency room during normal working hours and at the emergency entrance outside of the normal working hours (applicable only to Fayetteville VAMC).

4.2 If a patient being transported declines to be properly belted; he/she shall not be transported. The COR or designee will be notified promptly. If the patient removes the securing devices during the trip, the driver will notify the COR or designee of this upon arrival at destination. The Contractor is not required to transport any VA patient who refuses to be properly secured while being transported.

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

Failure to comply with this provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m).

4.4 Contractor shall provide “through the door” assisted service for all patients to and from their designated appointments. Patients shall be picked up on the ward, in their homes, in the clinics, or at other areas designated by the VA and taken to the authorized destination or appointment. Transport of baggage with veterans shall occasionally be required. All patients shall be attended by an authorized responsible party at all times. Assistance in maneuvering stairs and other barriers shall be provided by the driver, when necessary. These services may need to be provided within or outside the home (i.e., from the door to the vehicle). When the patient is delivered to a destination (i.e., a clinic or other appointment), an authorized care giver or medical staff at the destination must be informed of the patient’s arrival by the Contractor’s driver.

4.5 The Contractor’s driver shall observe the patient during transport. Any indication of a significant change in the patient’s condition (i.e., sudden onset of rapid or labored respiration, complaints or chest pains, etc.) shall be communicated immediately to the VA Medical Center Diversion from destination shall only be authorized by the travel clerk, VA emergency room staff, or the Administrative Officer of the Day (AOD). All diversions from destination will be reported to the COR or designee.

4.6 Should the Contractor’s driver encounter any problems with the transportation of patients, the driver shall contact the COR, or designee, at the VA, from 8:00 a.m. to 4:30 p.m. During irregular tour of duty (4:31 p.m. to 7:59 a.m.), weekends or holidays, the driver shall contact the Administrative Officer of the Day (AOD) at the admissions desk. VA will provide a list of individuals (other than the COR or designee) authorized to contact the Contractor.

4.7 Contractor’s driver shall notify the COR or designee, of any unusual events, including but not limited to accidents, safety problems, patients unbolting themselves and other such incidents that occur, which involve any VA patient being transported under this contract. The COR or designee shall be notified within one (1) hour of the occurrence of the incident(s) by telephone and, if requested by the COR and/or Contracting Officer, a written report of the incident(s) will be delivered to the COR or his/her designee by close of business the next working day. Failure to comply with provisions may be grounds for Termination for Cause in accordance with FAR 52.212-4(m).

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

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

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

4.11 The contractor shall have a contingency/backup plan in the event the contractor is unable to perform services or have services performed as required. The contractor shall immediately notify the VA Travel Section and provide justification for non-performance and initiate the contingency/backup plan. Failure to comply with this provision is grounds for Termination for Cause in accordance with FAR 52.212-4(m).

5. PERSONNEL QUALIFICATIONS:

5.1 All contractor personnel performing contract services shall meet the qualifications and be licensed as specified in the contract, as well as any qualifications required by Federal, State, County and local government entities from the place in which they operate. The qualifications of such personnel shall also be subject to review by the VA Chief of Staff and approval by the VA Facility Director. The Contractor shall provide the COR an updated list of drivers by the fourth day of each month when additions or deletions have been made during the previous month. The contractor shall ensure that all drivers providing service under this contract shall have less than five (5) current points on their driver’s license, none of which were assessed for “Reckless Driving”. Fayetteville VA Medical Center reserves the right to order the removal from service under this contract, any driver who violates the provisions of this section, Contractor shall provide a copy of the state driver’s license and background checks, for drivers under this contact as supporting documentation.

5.2 The Contractor shall maintain a record of each employee to include, current driving records and physical capabilities of performing the duties of a wheelchair vehicle driver.

The Contractor shall make these records available for inspection upon request by the Contracting Officer or the Contracting Officer’s Representative (COR).

5.3 Drivers shall not transport the Fayetteville VAMC beneficiaries if they appear to be ill or under the influence of drugs or alcohol. Drivers shall not transport anyone who insists on smoking during the transport; this includes drivers and attendants as well. Drivers shall always display professional manners. Rude or obscene behavior or language shall not be accepted.

5.4 Contractor shall demonstrate to the Fayetteville VAMC that their attendants are adequately trained in the safe and proper transport of beneficiaries i.e. (current CPR training, have a Defensive Driving Course, etc.).

5.5 Contractor shall immediately notify the COR of any vehicle breakdowns or other problems that can result in service disruption.

5.6 Non-Emergency Attendant/Drivers will not be required to administer oxygen to a beneficiary; however, they may be required to store the beneficiary’s self-administered oxygen and have successfully completed the Standards and Advanced First Aid Courses of the American Red Cross or U.S. Bureau of Mines or equivalent. Proof in the form of a current certificate shall be available upon request.

5.7 The contractor shall be responsible for protecting the personnel furnishing services under this contract. To carry out this responsibility, the contractor shall provide the following for these personnel:

- Workers’ compensation

- Professional liability insurance

- Health examinations

- Income tax withholding

- Social security payments

- Personnel shall be considered employees of the contractor

5.8 A record of each employee as to character (criminal background check performed), physical capabilities (Health Certificate or statement of health from a private physician), and qualifications performing the duties of a driver must be maintained and made available to the Contracting Officer or COR upon request. Contractor shall be responsible for appropriate driver screening and selection criteria when employing drivers. Such screening shall include, but not limited to, testing drivers for prohibited drug use and alcohol misuse, and a criminal background check to the maximum extent permitted by law. Failure to comply with this provision may be grounds for Termination Cause in accordance with FAR 52.212-4(m).

5.9 All Contractor’s drivers shall have passed the American Red Cross First Aid Course and have on file a current certificate (renewable every three years) to be made available to the Contracting Officer upon request.

5.10 All Contractor’s drivers shall have passed the American Red Cross Adult CPR course and have on file a current certificate (renewed annually) to be made available to the Contracting Officer upon request.

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

5.12 All drivers prior to commencing work and thereafter on an annual basis, shall demonstrate to the VA Rehabilitation Medicine Service at the Fayetteville VA Medical Center, the individual ability to safely load and unload patients, and the proper techniques and procedures to be followed during transportation of patients. Failure to comply with this provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m).

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

5.14 Contractor drivers shall not text message while driving. Reference FAR 52.223-18.

6. CONTRACTOR CONDUCT:

6.1 The VA places the highest priority on the treatment of its beneficiaries. The Contractor, Contractor’s employees, and Contractor’s representatives shall treat each patient with respect, concern and a professional approach to patient’s dignity as an individual and as a patient. All communication both verbal and non-verbal by the Contractor’s personnel, with and in the presence of the patient, shall be conducted in a professional manner. Failure to comply with this provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m).

6.2 The Contractor’s personnel shall conduct themselves in a professional manner while performing any aspect of service related to this contract at or on the grounds of the Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC. All Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC rules and regulations shall be adhered to by the Contractor or Contractor’s personnel while said persons are at or on the grounds of the medical center. Failure to comply with this provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m). The following acts are not permissible by drivers that provide services under this contract or while on VA premises:

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

· Gambling in any form.

· Smoking and other uses of tobacco while on duty. Both Beneficiaries and Contractor are prohibited from smoking in vehicles.

· Carrying of pistols, firearms, or concealed weapons.

· Resorting to physical violence to settle a dispute with a fellow employee, beneficiaries or the general public while on duty.

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

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

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

· Engaging beneficiaries in a verbal confrontation, even if in an attempt to settle a disagreement. Should a disagreement arise, the driver shall contact his dispatcher/supervisor via the radio system.

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

· Drivers who accumulate five (5) unrelated, substantiated complaints in a 12-month period shall be prohibited from providing any further services under this contract. The

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

7. TRANSPORTATION REQUEST:

7.1 Requests for services will be recorded on the daily travel manifest and furnished to the Contractor via encrypted electronic mail (e-mail) and/or via telephone by the Travel Section, Fayetteville VA Medical Center, no later than 4:00 p.m. prior to the day the transportation is required. The VA Travel Section will maintain a log for all trips on the request (including weekend and holidays). Confirmation of receipt of the transportation request will be made by 4:15 p.m. each day. Orders, requests, or changes will only be made by the travel Clerk, AOD, or authorized party specified by the Chief, Health Administration Service. Changes will be made by telephone or email and will be confirmed immediately upon receipt. A list of authorized ordering personnel will be made available upon award of the contract. Employees may be added or deleted from the list during the term of the contract at the discretion of VA Medical Center Fayetteville. The Contractor will be notified of such changes as they occur. The contractor is required to maintain the ability to send and receive encrypted electronic mail (e-mail). The following information shall be provided by the VA to the contractor:

· Patient name (first and last name)

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

· Destination

· Time of pick up

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

· Additional information as needed (whether there are papers, medications or other items to be transported with the patient and location of those items)

· Including any specific physician instructions In the event that a patient misses his/her scheduled appointment due to a pickup delay, the VA shall reschedule the trip. If additional charges are incurred by the VA for the rescheduled trip said additional charges shall be the responsibility of the contractor. The VA shall notify the contractor when these cases are identified.

Any transportation service performed by the contractor, without a request from the VA, will be the responsibility of the contractor. Also see Paragraph 3.9., Restrictions.

The Contractor shall maintain a record of all trips (scheduled on the travel log or add-on) and provide a printed report that includes the patients name, address, date and time of each trip, mileage, and/or any authorized additional charges. The printed report shall accompany the invoice for each billing cycle.

The Contractor shall contact Travel Section with any questions, requests for clarification, or the need for additional information at the VA travel section during the hours of 8:00 a.m. to 4:30 p.m. During irregular tour of duty (4:31 p.m. to 7:59 a.m.), the Contractor shall contact the AOD.

7.2 SAME DAY TRANSPORTATION REQUEST (ADD-ON SERVICE): Requests for add-on trips (same day transportation requests) not initially recorded on the travel log will be made in writing by encrypted electronic mail (e-mail) and/or by telephone from the Travel Clerk or AOD. If the Contractor fails to furnish services within a reasonable time (established as 45 minutes) after receiving an add-on request for a transportation service, the VA Medical Center reserves the right to obtain the services from another source and to charge the Contractor any resulting excess cost. In instances of add-on trips that are over 100 miles, the Travel Clerk or AOD may allow some flexibility in the 45-minute response time. The VA will be the sole judge in determining when to order service from another source.

7.3. Contractor shall give higher priority in transporting that have scheduled trips. Contractor shall ensure add-on trips will not conflict with scheduled transports arriving at their destination timely.

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

7.5 The Contractor shall notify Travel, upon the Travel Clerk or (AOD’s) request, of the estimated time of arrival for any vehicle en-route to pick-up a VA Patient or any VA loaded vehicle en-route to a specific destination. The Contractor shall also notify Travel, by telephone, at least one-hour in advance in the event that the Contractor is unable to provide the scheduled or add-on trips within the time frame necessary for the VA Patient to maintain their scheduled appointment. For trips outside the Mileage Threshold, the contractor must notify the VA in time for another company to travel to the destination and return in time for the patient to maintain their scheduled appointment. Contractor shall use the VA provided list of authorized individuals for contact in the event Travel is not available to receive the Contractor’s call.

7.6 WAITING TIME: Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC will make every effort to alert the beneficiary to be ready and waiting for the arrival of the vehicle in order to reduce the lost time to the driver. Waiting time will not apply to the reasonable amount of time required for escorting the patient to the vehicle, loading and securing the VA patient in vehicle, or unloading and delivering the VA patient to the authorized care giver or specified destination area. Fifteen (15) minutes is routine. For time lost in waiting at either end or both ends of a trip due to causes beyond the control of the driver, the Contractor will be reimbursed at the rate of one-fourth of the waiting time hourly rate indicated in the schedule for each quarter hour or fraction thereof in excess of one-quarter hour from the time the driver reports to the designated person. Waiting time must be approved in advance by the COR or designee (Travel Clerk or AOD). If the pickup location is other than the Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC, the contractor shall call the COR or designee (Travel Clerk or AOD) as soon as the driver arrives at the pick-up location, and also when the driver expects to claim reimbursement. The call is for the purpose of verifying the driver’s arrival at the pickup point and a follow-on call is not necessary if the driver anticipates no delay for which the Contractor will claim reimbursement.

7.7 Payment for trips, performed under the contract shall be based on the base rate (per trip) to specific locations (plus the mileage rate for trips outside the mileage threshold). Payments for trips in which the patient is transported are limited to “one way only”, “patient loaded” miles. Payments for authorized trips in which the patient declines to be transported (through no fault of the contractor) or in which the patient cannot be found, shall be made according to “no load/cancellation” trips rate.

7.8 The only exception to compensation for loaded miles is when a patient is picked up from a remote location and dropped off at a remote location. For Example: Patient is picked up from home in city outside mileage threshold and transported to a Community Based Outpatient Clinic (CBOC) for appointment (also outside mileage threshold). Contractor incurs wait time while patient completes his/her appointment and mileage to transport patient back home. In this scenario contractor will be compensated for mileage incurred from appointment location to pick up point (i.e. patient’s home). Mileage to drop off location (i.e., CBOC), wait time (if pre-approved by the VA), and mileage to transport patient back to home. Rates will be in accordance with current contract rates for mileage and wait time. “Remote location” is defined as outside the 20-mile radius of the Fayetteville VAMC, Fayetteville HCC, Wilmington HCC, Jacksonville CBOC, Hamlet CBOC, Sanford CBOC, Robeson CBOC, Goldsboro CBOC, and Brunswick County CBOC.

7.9 If the COR or designee (Travel Clerk, or AOD), authorizes the Contractor to transport more than one patient on a trip to the same destination, (see below, paragraph 8, for restrictions on the number of patients per vehicle), payment shall be made for the initial patient according to the schedule of services, plus the rider rate for an additional patient as agreed upon in the contract.

8. PATIENT PRIVACY AND CONFIDENTIALITY:

Contractor shall maintain the confidentiality of all patient information and records associated with the performance of this contract. Awarded contractor shall be required to sign Business Associate Agreement (BAA) as mandated by the Health Insurance Portability and Accountability Act of 1996 (HIPAA). See Paragraph 18.

9. NUMBER OF BENEFICIARIES:

It is understood and agreed that no vehicle will transport more individuals than the number of approved safety restraint devices installed in that vehicle. Generally, only two (2) beneficiaries will be transported on a trip. However, when more than two beneficiaries are transported, the VA will be notified for approval. If Contractor transport more than two beneficiaries without approval, payment for additional beneficiaries will not be made.

9.1 The Contractor should ensure that transports and deliveries are scheduled so that the total distance traveled shall result in the most economical charge to the Government.

9.2 When more than one patient is transported on a trip, whether it is to the same destination or to separate destinations, payment will be made in accordance with the terms listed in paragraph 6., Transportation Request.

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

10.1 Each vehicle shall be equipped at all times when transporting a patient in the performance of this contract with equipment as required by Federal regulations 49 CFR Parts 27, 37 and 38, Transportation for individuals with Disabilities (most current volume), State and Local Laws, ordinances, codes, rules and regulations and must have a minimum of the following:

Raised roof wheelchair vans shall have the following minimum characteristics:

(1) Raised roofs shall be of reinforced steel or have reinforcing steel beam. Clearance must accommodate an average patient sitting in a standard wheelchair without tilting the chair, i.e., average height of patient is considered to be 5’10” to 6’.

(2) Wheelchair vans equipped with a wheelchair lift shall be equipped with the following:

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

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

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

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

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

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

(3) All lowered floor ramp wheelchair vans shall be equipped with the following:

(a) Height at floor to ceiling at center of van must be 58 ¾”.

(b) Must have lowered floor from firewall to rear axle.

(c) Must have manual swing ramp with 30” usable width.

(d) Must have multiple wheelchair locations

(e) Must have ADA compliant interlock

(f) Must have ADA ramp and door entrance lighting

(g) Must have emergency rear hatch release Use of the lowered floor ramp wheelchair van versus the raised roof wheelchair van will be determined by the contractor based on the individual needs of the VA patient.

10.2 All vehicles shall be equipped to allow for direct communication, at all times, between the drivers and staff of the VA Medical Center. This equipment may be a mobile telephone, which would allow a direct communication link to the VA medical facility during all hours of operation. Contractor shall provide any telephone numbers or special access codes or devices to the VA facility Travel Section in order to comply with the provision for “direct communication”.

10.3 All vehicles shall be smoke free and 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. Failure to comply with the provision may be grounds for Termination for Cause in accordance with FAR 52.212-4(m).

10.4 All vehicles shall be equipped with a functioning horn, secured and fully charged, certified and non-expired fire extinguishers, first aid kits, two (2) flashlights that are readily available and operable for use in event of an emergency. Each vehicle shall contain a minimum of two (2) sanitary blankets.

10.5.All vehicles shall be well maintained in a clean and orderly condition meeting all safety and mechanical standards established by local, state and federal statutes and regulations including, but not limited to the following:

a. Shall have windows and doors that can be opened and closed in accordance with manufacturer standards.

b. Shall have unobstructed vision on all sides.

c. Shall have a backup for all lift capacity. The lift shall incorporate an emergency method of deployment, lowering to ground level with a lift occupant and raising and stowing the empty lift if the power to the lift fails.

10.6 Each vehicle shall have a daily maintenance/safety checklist. Checklists shall be maintained at the contractor’s establishment and made available for inspection upon request.

10.7 All vehicles shall be maintained with a professional appearance (interior and exterior) that is representative of the services being performed on behalf of the Department of Veterans Affairs.

10.8 The Fayetteville VA Medical Center will inspect all vehicles to be utilized in the performance of this contract. These inspections shall be conducted at the commencement of the contract and before initial use of an added vehicle. ALL VEHICLES USED IN THE PERFORMANCE OF THIS CONTRACT SHALL HAVE STATE OF NORTH CAROLINA VEHICLE INSPECTIONS PRIOR TO AWARD OF THE CONTRACT. State vehicle inspection requirements shall not be accepted as sole certification of vehicle safety.

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

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

10.11 An average of seven (7) vehicles are currently servicing this requirement averaging approximately 20 round trips daily.

11. SERVICE DISRUPTION:

11.1 The Contractor shall immediately report any and all vehicle breakdowns or other problems that may cause service disruptions to the COR. When breakdowns occur, the contractor shall provide a backup vehicle to minimize any delay or inconvenience to the beneficiaries. When conditions, neither foreseeable and/or controllable by the Contractor occur, such as severe storms, flooding, hazardous road and travel conditions, time and distance requirements shall be considered secondary to safety precautions. Delays or exceptions to the required quality of services shall be reported to the Travel Clerk or

AOD.

11.2 Contractor shall immediately report all medical incidents and accidents, including those where there is no apparent injury to the beneficiary, which occurs while transporting VA beneficiaries. The driver shall provide a written report documenting the facts of the incident/accident to the COR within 24 hours of the occurrence. The written report shall include the names, addresses, and telephone numbers of any witnesses as well as any applicable Police Reports. Any accident involving major damage, serious personal injury or loss of life shall be reported to the COR immediately. Records shall be kept for three (3) years for each accident a vehicle is involved in, including the repair work required to return the vehicle to service.

12. DISASTER PLAN:

12.1 In case of a disaster, natural or man-made, Contractor shall utilize maximum available resources to assist in the emergency transport of beneficiaries either to or from the Fayetteville VAMC.

12.2 Contractor’s performance shall be in conformance with all Federal, state, and local laws.

13. COMPLAINTS:

13.1 The COR will monitor the services provided services by the Contractor. The Contractor shall cooperate with the COR in providing information and answering questions related to any and all incidents.

13.2 All complaints received by the COR and forwarded to the Contractor shall be investigated promptly.