36C24724R0002 Final.pdf

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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

534-24-1-075-0001

36C24724R0002

10-13-2023

Matthew Durden 770-496-4200 x473324 11-13-2023

0700 EST

36C247

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

2008 Weems Road

Tucker GA 30084

X 100

X

621910

$22.5 Million

N/A

36C534

Department of Veterans Affairs

Ralph H. Johnson VA Medical Center

Travel Service

109 Bee Street

Charleston, SC 29401

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center

PO Box 149971

Austin TX 78714-9971

See CONTINUATION Page

AMBULANCE TRANSPORTATION SERVICES

NON-EMERGENT AND EMERGENT SERVICES

CHARLESTON VA MEDICAL CENTER

SEE PERFORMANCE WORK STATEMENT FOR REQUIREMENT SPECIFICATION

PRICING PERIOD: 12/16/2023 - 12/15/2028

Proposals shall be emailed to Matthew Durden;

matthew.durden@va.gov and be received before 07:00AM EST;

November 13, 2023.

The guaranteed minimum under this contract is $50,000 for the initial fiscal year in which this contract was awarded.

The contract’s stated maximum or ceiling amount is $22,000,000.

See CONTINUATION Page

X X

X ONE

Jason Compton

Contracting Officer

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 DELIVERY SCHEDULE

B.4 PERFORMANCE WORK STATEMENT

B.5 IT CONTRACT SECURITY

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

C.2 52.216-18 ORDERING (AUG 2020)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 VAAR 852.204-70 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR

PERSONNEL (MAY 2020)

C.7 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..41

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

C.13 MANDATORY WRITTEN DISCLOSURES

C.14 SUPPLEMENTAL INSURANCE REQUIREMENTS

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF

VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION, CHARLESTON VA

MEDICAL CENTER, AND

D.2 QASP

D.3 WAGE DETERMINATION

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.216-1 TYPE OF CONTRACT (APR 1984)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

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 Jason Compton

Department of Veterans Affairs

VISN 7 Network Contracting Office

LaVista Business Park - Bldg A

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.

Addendum to VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor and submitted through Tungsten Network (formerly known as OB10) http://www.tungsten-network.com/us/en/. A properly prepared invoice shall contain:

✓ Invoice Number and Date

✓ Contractor’s Name and Address

✓ Accurate Purchase Order Number

✓ Supply or Service provided

✓ Period Supply or Service Provided

✓ Total Amount Due

b. Please begin submitting your electronic invoices through the Tungsten Network for payment processing, free of charge.

c. If you have questions about the e-invoicing program or Tungsten Network, contact information is as follows:

• Tungsten e-Invoice Setup Information: 1-877-489-6135

• Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

• FSC e-Invoice Contact Information: 1-877-353-9791

• FSC e-invoice email: vafsccshd@va.gov

d. Web Address: HTTP://WWW.FSC.VA.GOV/EINVOICE.ASP

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

NUMBER

DESCRIPTION

OF SERVICES

ESTIMATED

QUANTITY UNIT UNIT PRICE AMOUNT

7,100.00 EA __________________ __________________

Ambulance Load Fee

Pricing Period One POP Begin: 12-16-2023 POP End: 12-15-2024

23,000.00 MI __________________ __________________

Mileage Over 40 Miles

Pricing Period One

1,700.00 EA __________________ __________________

Wait Time - per 15 Minutes (1/4 HR)

Pricing Period One

12.00 EA __________________ __________________

Dry Runs

Pricing Period One

Year Total:_____________

Ambulance Load Fee -Pricing Period Two

POP Begin: 12-16-2024 POP End: 12-15-2025

Mileage Over 40 Miles –

Pricing Period Two

1,700 EA __________________ __________________

Wait Time - per 15 Minutes (1/4 HR) –

Pricing Period Two

Dry Run

Pricing Period Two

Ambulance Load Fee -Pricing Period Three

POP Begin: 12-16-2025 POP End: 12-15-2026

Period Three

Pricing Period Three

Pricing Period Three

Ambulance Load Fee – Pricing Period Four POP Begin: 12-16-2026 POP End: 12-15-2027

Pricing Period Four

Pricing Period Four

Pricing Period Four

Ambulance Load Fee –

Pricing Period Five POP Begin: 12-16-2027 POP End: 12-15-2028

Pricing Period Five

Pricing Period Five

Pricing Period Five

GRAND TOTAL

EA: EACH

TR: TRIP

MI: MILES

B.3 DELIVERY SCHEDULE

ITEM NUMBER QUANTITY DELIVERY DATE

1001-1004 SHIP TO: Department of Veterans Affairs Ralph Johnson VA Medical Center 109 Bee Street

United States

As Needed 12/16/2023 - 12/15/2024

MARK

FOR:

Stephen Massenburg 843-577-5011 x201476 Stephen.massenburg@va.gov

2001-2004 SHIP TO: Department of Veterans Affairs Ralph Johnson VA Medical Center 109 Bee Street

As Needed 12/16/2024 - 12/15/2025

MARK

FOR:

Stephen Massenburg

3001-3004 SHIP TO: Department of Veterans Affairs

109 Bee Street

As Needed 12/16/2025 - 12/15/2026

MARK

FOR:

Stephen Massenburg

4001-4004 SHIP TO: Department of Veterans Affairs

109 Bee Street

As Needed 12/16/2026 - 12/15/2027

MARK

FOR:

Stephen Massenburg

5001-5004 SHIP TO: Department of Veterans Affairs

109 Bee Street

As Needed 12/16/2027 - 12/15/2028

MARK

FOR:

Stephen Massenburg

B.4 PERFORMANCE WORK STATEMENT

PURPOSE: The Charleston Veterans Administration Medical Center has a requirement for a twenty-four

(24) hour 7 day a week ambulance service (Basic Life Support and Advance Life Support) for the beneficiaries of the Charleston VAMC. This shall include routine or nonemergency, urgent, and same day services requirements. The current requirement is a five-year indefinite delivery/indefinite quantity single award contract with an Option to Extend Services in accordance with FAR 52.217-8, not to exceed an additional six-months. The Contractor shall furnish and manage the necessary personnel, materials, services, and facilities to provide basic life support units, advanced life support (critical care) unit ambulance services and stretcher transportation services for the Charleston VAMC at 109 Bee Street, Charleston, SC 29401. Contractor employees shall not be considered government employees for any purpose under the contract.

DEFINITIONS:

A. Scheduled Trip: Refers to those trips in which the Contractor has been given advance notice (notice given by 4:30 p.m. the prior business day) of required services and a specific pick-up time. For return trips from scheduled outpatient visits, clients should not have to wait more than 30 minutes for pick up, no matter where the patient resides. 30 Minutes refers to the return ride from the scheduled appointment. This is not to be confused for the 2 hour window for same day discharges.

B. Short Scheduled Trip: Refers to trips that have been scheduled in advanced, repeated trips e.g.

dialysis.

C. Long Distance Trip: Refers to trips in excess of 40 miles. For long distance trips the Contractor may require 24 hours’ notice.

D. Unscheduled Trip: Refers to those trips required on an as needed basis and advance notice is not given. The following listed response times will be considered acceptable for “Unscheduled Trips” from the listed Ralph H. Johnson VA Medical Center facilities:

Pickup Location Response Time VA Medical Center 2 hours VA Clinic Trident 2 hours VA Clinic Goose Creek 2 hours VA Clinic Myrtle Beach 2 hours VA Clinical Annex Myrtle Beach 2 hours VA Clinic Savannah 2 hours VA Clinic Hinesville 2 hours

NOTE: Response time is defined as the time from the trip order to the pickup time.

E. Urgent Services: Refers to unscheduled services requiring immediate action, as requested by VA staff. Emergent cases will be telephoned to the Contractor immediately followed by a copy of the transportation order faxed to the Contractor. Response time shall be accessed as on-site transportation at designated point of pick-up within 45 minutes of notification for BLS Service and within 30 minutes of notification for ALS Service.

F. Beneficiary Trip Scheduling: Should Beneficiaries directly contact the Contractor with a minimum of 24 hours advance notice to schedule their transportation, the Contractor shall immediately contact the VA to verify the beneficiary’s authorization prior to negotiating pickup time and place. The form and method of communication VA authorization and eligibility status from VA to the Contractor shall be determined after direct discussion between the parties.

G. Routine Services: Trips scheduled two or more business days prior to travel. Should the Beneficiary, caregiver, or significant others contact the contractor directly to schedule routine trips, the Contractor shall also immediately contact the VA to verify the beneficiary’s authorization prior to negotiating pickup time and place. This also includes the form and method of communication VA authorization and eligibility status.

H. Waiting: 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.

I. Waiting Grace Period: The waiting grace period is fifteen minutes prior to time waiting charges commence. The base rate for transportation services shall include a fifteen-minute waiting grace period at origin and destination.

J. Advanced Life Support (ALS): ALS service includes advanced, invasive, and pharmacological interventions to reduce morbidity and mortality associated with acute out of hospital medical and traumatic emergencies.

K. Basic Life Support (BLS): BLS service includes basic, non-invasive interventions to reduce morbidity and mortality associated with acute out-of-hospital medical and traumatic emergencies.

L. Emergency Medical Technician (EMT): is a specially trained medical professional who holds a current Emergency Medical Technician license capable of providing basic life support prehospital care in the applicable service areas.

M. Paramedic: a specially trained medical professional who holds a current Emergency Medical Technician Paramedic license capable of providing advanced life support prehospital patient care in the applicable service areas.

N. Ambulance Load Fee: this term means an ambulance has picked up a patient and has started the Trip.

GENERAL DESCRIPTION:

The Contractor shall furnish and manage the necessary personnel, materials, services, and facilities to provide basic life support units, advanced life support (critical care) unit ambulance services and stretcher transportation services for the Charleston VAMC at 109 Bee Street, Charleston, SC 29401.

REQUIREMENTS:

1. VEHICLES:

A. The vehicle fleet and its equipment must be of the quality, model, and condition to assure the patient "high quality" medical transportation and/or emergency first aid, if needed, and shall meet and maintain the minimum industry standards for maintenance, equipment, and staffing of all vehicles operated for the duration of the contract. Vehicles must have adequate straps and seat belts necessary to secure patients and stretchers according to industry standards. The contractor must maintain preventive maintenance records for all vehicles being used for services provided under the terms of this contract. Contractor will provide the government a list of vehicles that will be used in supplying the requirements for this contract. This list will include the mode of transportation that the vehicle is providing, bumper number and Vehicle Identification Number. The vendor will not use vehicles for the services under this contract that do not meet industry and regulatory standards or vehicles that have safety or operational deficiencies. The VA reserves the right to inspect vehicles before allowing the contractor to begin performance.

B. Each vehicle shall be equipped in accordance with the Federal Specification for Ambulances, KKK-A-1822E and with such safety items as required by Federal State and Local authorities in the area in which the vehicles are operated; also, in the future if any items are required by Federal, State and Local authorities in the area in which the vehicles are operated, then they shall be added to each vehicle. Each ambulance shall be equipped at all times when transporting a patient in the performance of this contract according to industry best practices or industry standards and with not less than the following equipment at no additional charge to the Government. Proof of compliance with Federal, State and Local authorities will be provided upon request by the Contracting Officer or the Contracting Officer's Representative (COR).

• Shall have one ambulance cot, a collapsible stretcher or two stretchers, one of which is collapsible.

• Shall have adequate straps to secure the patient safely to stretcher or ambulance cot, and adequate means of securing the stretcher or ambulance cot within the vehicle.

• Shall have adequate supply of sanitary sheets, pillows, pillowcases, and blankets, urinals and emesis.

• The Contractors personnel shall comply with the facilities linen policies.

• Shall have standard first aid kit.

• Shall have oxygen and oxygen breathing apparatus in good operating condition, oxygen masks must be of the disposable type or be thoroughly sterilized after each use and kept sterile.

C. Vehicle Inspection: Vehicles and maintenance records will be made available to the Charleston VAMC for bi-annual inspections or whenever the Charleston VAMC feels such inspections are needed.

2. PERSONNEL:

A. The Contractor will be fully responsible for personnel management of its personnel and will ensure personnel issues do not impact the quality of service provided to those who are beneficiaries of the Charleston VAMC.

B. The Contractor will provide the COR and the Contacting Officer a current single point of contact or other source approved by the government to address and or resolve operational and contractual concerns.

C. Emergency Medical Technician - Emergency Medical Technicians (EMT), EMT-Paramedics, and EMT-Intermediates providing services under this contract shall 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 must be acceptable under the regulating requirement for local EMS systems supported by DHHS under Public Law 93-154, Federal Register 39:24304, July 1974.

• The EMT shall periodically be emailed in "refresher" continuing education, or advanced training programs, as required by the local or state government entity in which the service is rendered to the veterans, but in no instance shall this be less frequently than every two years. Such "refresher" training shall be equivalent to that developed by the Department of Transportation (DOT), National Highway Safety Administration (NHSA).

EMTs should give the COR training certificates once training is completed.

• EMT(s) shall 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.

• Only Contractor personnel having current and appropriate licensure and or credentials will provide services to beneficiaries of the Department of Veterans Affairs.

• These certifications shall be sent to the Contracting Officer’s Representative PRIOR to contract performance.

D. Attendants: There shall be an Emergency Medical Technician and Driver on board each time a patient is transported. The Contractor shall maintain a record of each employee as to the character, current driving records and physical capabilities of performing the duties of an ambulance driver or attendant and be made available for inspection upon request by the Contracting Officer or the Contracting Officer's Representative (COR). For the purposes of this work statement, the attendant and driver are interchangeable if they are certified.

• Drivers or attendants shall not be allowed to transport the Charleston VAMC beneficiaries if they appear to be ill or under the influence of drugs or alcohol.

• Drivers and attendant shall display professional manners at all times. Rude or obscene behavior or language will not be accepted.

• Drivers and attendants shall wear appropriate attire with a picture identification (ID) badge that clearly identifies the company they work for.

• Drivers or attendants shall secure all patients and passengers with approved security devices prior to transport.

• Only employees of the Contractor who meet the qualifications shall be allowed to accompany the Attendant/Driver on trips provided for the Charleston V AMC.

• Contractor shall be required to demonstrate to the Charleston V AMC that their attendants are adequately trained in the safe and proper transport of beneficiaries.

3. PERSONNEL SECURITY

A. The Contractor and all personnel employed by the Contractor shall be required to observe the requirements imposed on sensitive data by law, federal regulations, VA status and DM&S policy and the associated requirements to ensure appropriate screening of all personnel because of the inherent sensitivity of data at the facilities concerned and the level of security clearance carried by the Health Care Facility (HCF) personnel for the function under contract. The Contractor shall ensure that their personnel meet the above restrictions, and that confidential and proprietary information shall be divulged only to those officers and officials of the VA Medical Center that are authorized to receive such information.

B. Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information belonging to or being used on behalf of the Department of Veterans Affairs. To satisfy the requirements of the

Department of Veterans Affairs a low risk level Background Investigation shall be conducted prior to performing work under this contract. Appropriate Background Investigation (Bl) forms will be provided upon contract award and are to be completed and returned to the VA Office of Security and Law Enforcement (OSL&E) within 30 days for processing. Access to VA information resources cannot be made available until the Security Investigations Center submits the investigatory packet to OPM for processing. At that time the investigation is considered "initiated" and access can be provided. Contractors will be notified by OSL&E when the BI has been completed and adjudicated.

C. The investigative history for contractor personnel working under this contract must be maintained in the databases of either the Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the contractor use a vendor other than OPM or Defense Security Service (DSS) to conduct investigations, the investigative company must be certified by OPM/DSS to conduct contractor investigations.

D. All costs associated with obtaining clearances for contractor provided personnel will be the responsibility of the contractor. Further, the contractor will be responsible for the actions of all individuals provided to work for the VA under this contract. In the event that damages arise from work performed by contractor provided personnel, under the auspices of this contract, the contractor will be responsible for all resources necessary to remedy the incident.

4. PRIVACY/INFORMATION SECURITY/RECORDS MANAGEMENT:

A. All Contractor employees are required to complete the VA's on-line Security Awareness Training Course. Contracted employees will have to self-register at https:// www.tms.va.gov/learning/user/SelfRegistrationUserSelection.do. Once registered, enroll in class VA 10176 VA Privacy and Information Security Awareness and Rules of Behavior. Contractors must provide signed certifications of completion to the Contracting Officer Representative (COR) during each year of the contract life and within 30 days of the contract start date. This requirement is in addition to any other training that may be required of the contractor.

B. No unauthorized Photography or Video on medical center premises. Per 38 CFR 1.218(b)(23) Use of recording devices of any kind to record patients or employees is strictly prohibited.

C. Upon completion or termination of the applicable contract(s) or agreement(s), return and/or destroy, at Covered Entity's option, VA information gathered, created, received, or processed during the performance of the contract(s) or agreement(s). No data will be retained by Business Associate, or contractor, subcontractor, or other agent of Business Associate, unless retention is required by law and specifically permitted by Covered Entity. As deemed appropriate by and under the direction of Covered Entity, Business Associate shall provide written assurance that all VA information has been returned to Covered Entity or destroyed by Business Associate. If immediate return or destruction of all data is not possible, Business Associate shall notify Covered Entity and assure that all VA information retained will be safeguarded to prevent unauthorized Uses or disclosures.

D. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and

Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

5. ORDERS

A. PLACING ORDERS: The contractor shall have a dispatcher available 24 hours a day, 7 days a week to receive request. VA will FAX or Contractor will pick-up next day transportation requirements between 4:00 and 4:30 pm daily. The VA transportation office will maintain a log for all trips on the request. Conformation of receipt of the transportation request shall be made between 4:00 pm and 4:30 pm each day. Orders, requests, or changes shall only be made by the Transportation Clerk or Administrative Officer of the Day (AOD). Changes will be made by telephone, fax and shall be confirmed immediately upon receipt. A list of authorized ordering personnel shall be made available upon award of the contract. The VA will notify the contractor of such changes as they occur.

B. VETRIDE: The contractor agrees to utilize the VetRide Third Party Portal and Vendor Pass with every passenger transported under this contract. Department of Veteran Affairs will provide the software and access to the VetRide Third Party Portal for the vendor/contractor in this contract.

The Contractor will utilize the VetRide Third-Party Portal fully as instructed.

a. Receive and respond to electronic trip requests.

b. Fill out the electronic HCFA1500/invoice with the VetRide Third-Party Portal or upload scanned copy of the HCFA1500 to the VetRide Third-Party Portal

c. Receive, use, and ensure the use of Vendor pass by the driver.

d. All invoices must be submitted within 30 calendar days of date of service in accordance with 38 CFR 70 to be considered timely submission.

C. SAME DAY TRANSPORTATION REQUEST: During the course of the day, it may become necessary to add patients to the Contractor's list. When this occurs, the VA will fax, telephone or use two-way radio the request to the contractor. The transportation office will maintain a log for all same day trips (including weekend and holidays) which will include the patients name, location/destination, time of call and requested pick up time. The contractor shall immediately confirm the request and confirm the time the patient is to be picked up.

D. PICK-UP AND DELIVERY: The Contractor shall pick-up and deliver patient to the specific clinic where the patient's treatment is being provided. Patients shall be picked up within 15 minutes for scheduled trips (before or after the scheduled pick-up time). In no instance shall Contractors drop patients off in the hall or entrance of the VA. Adherence to schedules is of utmost importance. Trip tickets shall be processed by the travel office no later than 4:00 pm the next business day. Trip tickets for all same day trips are completed as soon as travel request are processed. Trip tickets shall indicate date of trip, pickup and delivery points, veteran's name and last four digits of the veteran’s social security number.

E. CANCELLATIONS: The contractor shall not charge for scheduled trips cancelled sixty (60) minutes prior to pick-up time. For trips scheduled for the same day there shall be no charge to the Government for cancellations made prior to the vehicle being dispatched.

F. WAITING TIME: Wait time is defined as the amount of time spent after waiting 15 minutes after scheduled pick up time. For time lost in waiting at either end or both ends of the trip due to causes beyond control, the contractor shall be reimbursed at the rate specified in the schedule of supplies and services. If the pick-up is other than at the designated area, the Contractor shall call the Transportation Office or Medical Administrative Officer (AOD) on duty as soon as the Contractor anticipates that a delay may develop for which he/she 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 shall claim reimbursement. All wait time charges must be approved by the Transportation Office and supported by Notification to the Travel Clerk or AOD.

G. All patient transportation requests shall be placed against schedule and shall be verified against invoices and trip ticket. When ordering services, the VA medical facility will provide the following information:

A. Mode of transportation required;

B. Required date and time of arrival;

C. Name of beneficiary;

D. Pick-up and delivery point;

E. Type of equipment required;

F. Last four of the patient's Social Security Number;

G. And any other special instructions;

6. SERVICE DISRUPTION:

The Contractor shall immediately report any and all vehicle breakdowns or other problems, which may cause service disruptions to the COR. When a breakdown occurs, the contractor shall provide a back-up vehicle to minimize any delay or inconvenience to the customer(s). 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. Contractor shall immediately report all incidents and accidents, including those where there is no apparent injury to the patient, 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 or minor damage, serious/minor 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. If for any reason the Contractor is unable to perform services as outlined in this contract, the vendor will be responsible to coordinate alternative services with full responsibility to ensure the alternative vendor meets the requirements of this contract and at no additional cost to the government.

7. NUMBER OF PATIENTS:

Generally, only one patient shall be transported on a trip unless authorized by the Charleston VA Medical Center Transportation Office. The Contractor shall not transport more than the number of patients for which can be safely transported. If Contractor transports more than one patient without approval, payment for extra patient shall not be made. Where more than one (1) patient is transported, the contractor shall only be reimbursed for transporting a single patient.

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

8. RATES:

A. For all one-way trips within 40-mile radius of the Charleston VA Medical Center the Contractor shall receive the flat rate awarded for that trip. The Contractor shall also receive the mileage charge awarded for any one-way trips in excess of the flat rate outside the 40-mile radius. In no event shall the Contractor receive reimbursement for the mileage charge for any mileage inside the 40-mile radius. Payment for mileage travel beyond the 40-mile radius shall be limited to the distance, according to Bing Maps, over which the patient is transported. The contractor will utilize Bing Maps to calculate mileage.

B.

Pickup Location Response Time

VA Medical Center 2 hours VA Clinic Trident 2 hours VA Clinic Goose Creek 2 hours VA Clinic Myrtle Beach 2 hours VA Clinical Annex Myrtle Beach 2 hours VA Clinic Savannah 2 hours VA Clinic Hinesville 2 hours

9. PAYMENTS:

Payment shall be made bi-weekly, in arrears upon receipt of the proper invoice. Invoices must be submitted the first workday of each month for trips provided during the prior month. The invoice must contain the following information:

A. Contract Number B. Date of trip C. Number of miles, if billing for miles D. Documentation of circumstances when billing for attempted pick-up and/or waiting time.

E. Invoices shall be in numerical order any unauthorized charges shall be suspended until supporting documentation can be provided and submitted for payment.

10. INSURANCE:

Before performance of the contract, the Contractor shall furnish to the Contracting Officer a Certificate of Insurance (see FAR Clause 52.228-10) containing an endorsement to the effect that cancellation or any material change in the policy which adversely affect the interest of the government, shall not be effective unless a thirty (30) day written notice of cancellation or change is furnished to the Contracting Officer. The term "will endeavor" is not acceptable as issued by Insurance Carrier. The Contractor is fully responsible for all associated risks for the duration of services provided to include but not limited to; loss or harm to persons or property, medical and professional liability, and any other risk or behavior associated with the Contractors personal, equipment, and or operations.

11. CONTRACTING OFFICER'S REPRESENTATIVE (COR):

A. The COR will be appointed on writing and forward to the contractor upon contract award. The

COR shall be responsible for monitoring the performance of this contract. A copy of the designation shall be furnished to the contractor. COR shall be the primary contact for the

Contractor at the VA. Upon award, Contractor shall provide a primary point of contact to the COR and Contracting Officer for the COR to coordinate the daily operational issues.

B. Contractor and the COR shall periodically make site visits to each other's area of operation in order to gain and maintain a familiarity with each other's internal operation.

12. SERVICE LABOR STANDARDS:

The solicitation and subsequent contract include FAR 52.222-41, Service Contract Labor Standards

(SCLS). The Offeror and resultant contract awardee, by signing the offer and contract, is acknowledging they have reviewed the clause and will fully comply throughout the contract period. It is the responsibility of the Contractor to determine and pay the appropriate prevailing wage rate and fringe benefits for the location. The Government will not be held responsible for any mistakes in applying the

SCLS.

VA reminds contractors of the Department of Labor Regulations which implement the SCLS and which read at 29 CFR § 4.155:

Employee coverage does not depend on form of employment contract. The Act, in section 8(b), makes it plain that the coverage of service employees depends on whether their work for the contractor or subcontractor on a covered contract is that of a service employee as defined in section 8(b) and not on any contractual relationship that may be alleged to exist between the contractor or subcontractor and such persons. In other words, any person, except those discussed in §4.156 below, who performs work called for by a contract or that portion of a contract subject to the Act is, per se, a service employee.

Thus, for example, a person's status as an “owner-operator” or an “independent contractor” is immaterial in determining coverage under the Act and all such persons performing the work of service employees must be compensated in accordance with the Act's requirements.

B.5 IT CONTRACT SECURITY

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY

1. GENERAL

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

VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and

Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive

Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a

Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security

Clearance must be processed through the Special Security Officer located in the Planning and

National Security Service within the Office of Operations, Security, and Preparedness.

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

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

3. VA INFORMATION CUSTODIAL LANGUAGE

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

General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor's information systems or media storage systems in order to ensure

VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that

VA's information is returned to the VA or destroyed in accordance with VA's sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

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

Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable

Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

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

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

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate

Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

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

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

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

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus.

If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COR.

4. INFORMATION SYSTEM DESIGN AND DEVELOPMENT

a. Information systems that are designed or developed for or on behalf of VA at non-VA facilities shall comply with all VA directives developed in accordance with FISMA, HIPAA, NIST, and related VA security and privacy control requirements for Federal information systems. This includes standards for the protection of electronic PHI, outlined in 45 C.F.R. Part 164, Subpart

C, information and system security categorization level designations in accordance with FIPS

199 and FIPS 200 with implementation of all baseline security controls commensurate with the

FIPS 199 system security categorization (reference Appendix D of VA Handbook 6500, VA

Information Security Program). During the development cycle a Privacy Impact Assessment

(PIA) must be completed, provided to the COR, and approved by the VA Privacy Service in accordance with Directive 6507, VA Privacy Impact Assessment.

b. The contractor/subcontractor shall certify to the COR that applications are fully functional and operate correctly as intended on systems using the VA Federal Desktop Core Configuration

(FDCC), and the common security configuration guidelines provided by NIST or the VA. This includes Internet Explorer 7 configured to operate on Windows XP and Vista (in Protected Mode on Vista) and future versions, as required.

c. The standard installation, operation, maintenance, updating, and patching of software shall not alter the configuration settings from the VA approved and FDCC configuration. Information technology staff must also use the Windows Installer Service for installation to the default

"program files" directory and silently install and uninstall.

d. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges.

e. The security controls must be designed, developed, approved by VA, and implemented in accordance with the provisions of VA security system development life cycle as outlined in NIST

Special Publication 800-37, Guide for Applying the Risk Management Framework to Federal

Information Systems, VA Handbook 6500, Information Security Program and VA Handbook

6500.5, Incorporating Security and Privacy in System Development Lifecycle.

f. The contractor/subcontractor is required to design, develop, or operate a System of Records

Notice (SOR) on individuals to accomplish an agency function subject to the Privacy Act of

1974, (as amended), Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Privacy Act may involve the imposition of criminal and civil penalties.

g. The contractor/subcontractor agrees to:

(1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(a) The Systems of Records (SOR); and

(b) The design, development, or operation work that the contractor/ subcontractor is to perform;

(1) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a

SOR on individuals that is subject to the Privacy Act; and

(2) Include this Privacy Act clause, including this subparagraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a

SOR.

h. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a SOR on individuals…