36C25025Q0002.docx

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V226--TRANSPORTATION SERVICE Wheelchair/Common Carrier
Solicitation number
36C25025Q0002
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This document is a Solicitation for a Department of Veterans Affairs (VA) indefinite-delivery indefinite-quantity (IDIQ) contract to provide wheelchair van and car for hire (taxi) transportation services for eligible beneficiaries of the Battle Creek VA Medical Center in Michigan. The contractor shall furnish all personnel, equipment, supplies, facilities, transportation, and other items necessary to provide these services. The period of performance is a base period from November 1, 2024 to October 31, 2025, with one optional period from November 1, 2025 to October 31, 2026. The solicitation will be conducted using simplified acquisition procedures under FAR Part 13.5. Pricing shall be all-inclusive of overhead, indirect, and other direct costs, with a base rate and mileage rate over 30 miles. The acquisition is set aside for certified service-disabled veteran-owned small businesses. Quotes are due by October 8, 2024 at 1:00 PM EDT.

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36C25025Q0002

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

515-25-1-051-0001 36C25025Q0002 -2024 Granger, Tracy L.

(734) 222-4294 10-08-2024 13:00

EDT

Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105 X X 485991 $19 Million N/A X Department of Veterans Affairs Battle Creek VA Medical Center Attn: Director Office 5500 Armstrong Road Battle Creek MI 49037 Y Department of Veterans Affairs Network Contracting Office 10 24 Frank Lloyd Wright Drive Lobby M, Suite M2200 Ann Arbor MI 48105 https://tungsten-network.com/Customer/ campaigns/veteransaffairs/

See CONTINUATION Page Contractor shall provide assisted patient wheelchair van/taxi transportation services for eligible beneficiaries in accordance to the performance work statement (PWS) for the period 11/1/2024 through 10/31/2025; with one (1) ordering period.

This acquisition will be conducted using the procedures in accordance with FAR Part 12 & 13, as authorized by FAR 13.5.

All questions will be answered via solicitation amendment.

All questions must be submitted in writing to the Contract Specialist at the following e-mail: Tracy.Granger@va.gov no later than 10/02/2024, by 1 PM EDT.

The contractor shall sign the 852.219-75 certification for sub-contracting in order to be considered for award. Quotes that do not contain this certification will not be considered for award or evaluated.

See CONTINUATION Page 515-3650160-051-829800-2120 010041089 X X X One( 1) Kristina L. Peart Contracting Officer Table of Contents

SECTION A1
A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES1
SECTION B - CONTINUATION OF SF 1449 BLOCKS4
B.1 CONTRACT ADMINISTRATION DATA4
B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING5
B.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)6
B.4 IT CONTRACT SECURITY7
B.5 PRICE/COST SCHEDULE INFORMATION12
B.6 PRICE/COST SCHEDULE13
B.7 PERFORMANCE WORK STATEMENT (PWS)17
SECTION C - CONTRACT CLAUSES44
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)44
C.2 52.216-18 ORDERING (AUG 2020)49
C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)50
C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)51
C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)51
C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)51
C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)52
C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS52
C.9 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)53
C.10 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)53
C.11 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)53
C.12 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023) (DEVIATION)54
C.13 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023) (DEVIATION)57
C.14 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)59
C.15 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)59
C.16 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)60
C.17 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)61
C.18 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)61
C.19 MANDATORY WRITTEN DISCLOSURES70
SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS70
D.1 ATTACHMENT 1: USDOL SERVICE CONTRACT LABOR STANDARDS WAGE DETERMINATION INFORMATION70
D.2 52.212-2 STATEMENT OF DEPARTMENT OF LABOR WAGE DETERMINATION COMPLIANCE71
SECTION E - SOLICITATION PROVISIONS72
E.1 52.201-1 ACQUISITION 360: VOLUNTARY SURVEY (SEP 2023)72
E.2 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (SEP 2023)72
E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)76
E.4 52.216-1 TYPE OF CONTRACT (APR 1984)77
E.5 52.233-2 SERVICE OF PROTEST (SEP 2006)77
E.6 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018)78
E.7 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)78
E.8 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)79
E.9 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)79
E.10 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)80

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:Name: ___________________________
Address: ___________________________
City, State, Zip: ______________________
Telephone Number: ___________________
POC: _______________________________
E-mail address: _______________________
Contractor’s Unique Entity ID: ________________
b. GOVERNMENT:Department of Veterans Affairs
Network Contracting Office (NCO 10)
Attn: Tracy Granger, Contract Specialist
PO Box 492
Ann Arbor, MI 48106
Phone: (734) 222-4294
E-Mail: Tracy.Granger@va.gov
Kristina L. Peart, Contracting Officer
Email: Kristina.Peart@va.gov

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.
[]52.232-34, Payment by Electronic Funds Transfer -

Other Than 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 invoicing in arrears to: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

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. Tungsten Network: https://www.tungsten-network.com/customer-campaigns/veteransaffairs

5. SECURE FAX: All faxes in regard to this order shall contain the following on the coversheet:

This fax is intended only for the use of the person or office to which it is addressed and may contain information that is privileged, confidential, or protected by law. All others are hereby notified that the receipt of this fax does not waive any applicable privilege or exemption for disclosure and that any dissemination, distribution, or copying of this communication is prohibited. If you have received this fax in error, please notify this office immediately at the telephone number listed above.

6. Late Quote Submission: Late submissions shall not be considered.

7. SUBMISSION OF OFFER:

a. Offerors shall complete and return all information designated in:
1.) Blocks 17 (a) and 30 (a-c) of SF 1449
2.) Contract Administration Data

3.) The Price/Cost Schedule, Section B 4.) 52.209-7, Information Regarding Responsibility Matters 5.) 52.212-3, Representations and Certifications, or valid completion of SAM is acceptable 6.) 852.219-75, VA Notice of Limitations on Sub-Contracting – Certificate of Compliance for Services and Construction (Nov 2022).

7.) Information shall be received by the date and time specified in Block 8 of SF 1449 in order to be considered for award.

b. By submission of an offer, the offeror acknowledges the requirement that the prospective awardee shall be registered in the System for Award Management (SAM) database prior to award. Offerors who are not registered in SAM should consider applying for registration immediately. Registration in SAM is a requirement to conduct business with the Federal Government. If the prospective awardee is not registered in SAM within the timeframe specified by the Contracting Officer, the successful offeror will be removed from further consideration for award. Offerors can register in SAM at https://www.sam.gov.

c. Simplified Acquisition Procedures of FAR Part 12 and 13 are being used to conduct this procurement.

d. Offeror must be certified in the SAM representations and certifications in FAR 52.212-3 that the firm meets the small business size standard for the NAICS Code assigned to the procurement.

8. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

___________________________________________
___________________________________________
___________________________________________

B.2 ELECTRONIC INVOICE SUBMISSION AND INVOICING

VENDOR ELECTRONIC INVOICE SUBMISSION REQUIREMENTS AND METHODS

Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

1. VA’s Electronic Invoice Presentment and Payment System – the FSC uses a third-party contractor, Tungsten Network (referred to OB10), to transition vendors from paper to electronic invoice submission. Please go to website: https://www.tungsten-network.com/customer-campaigns/veteransaffairs to enroll in the program and begin submitting the electronic invoices, free of charge.

1. A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI website is: http://www.x12.org

1. Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have questions about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

2. Tungsten e-Invoice Setup Information: 1-877-489-6135

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

2. FSC e-Invoice Contact Information: 1-877-353-9791

2. FSC e-Invoice email: vafsccshd@va.gov

BILLING AND INVOICING

1. In accordance with this contract, all services shall be billed in arrears monthly.

2. Contractor shall only bill for services and for line-items delivered.

3. A proper invoice that is submitted for payment; shall be accepted and certified for payment if:

i. Monthly invoice is submitted in arrears, no later than the 20th business day of the following month that services were rendered.

ii. Invoice contains in addition to the information required for submission of a ‘proper’ invoice in accordance with FAR 52.212-4(g) the following information:

a. Name and Address of the Contractor

b. Invoice Date and Invoice Number

c. Contract Number

d. Contract Order Number

e. Purchase Order Number

f. Date Range of Services Provided

g. Description of Services Provided

h. Line/Sub-Line Item number(s) of services provided

i. Quantity of each Line/Sub-Line Item

j. Unit Rate for each Line/Sub-Line Item

k. Total Cost for each Line/Sub-Line Item

l. Total Invoice Cost

4. The Certifying Official will confirm the information in the submitted invoice to the contract and invoice to ensure it is correct and valid.

i. If the invoice submitted is not a proper invoice, the certifying official shall refuse the invoice with a detailed statement as to why the invoice was refused.

ii. Contractor shall make corrections and resubmit using a separate invoice number, notating the invoice number it is replacing.

B.3 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

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

2. Each contractor whose contract award is estimated to exceed $250,000.00 requires a CPARs evaluation. A government Focal Point will register your contract within 30 days after award and, at that time, you will receive and email message with a User ID (to be used when reviewing evaluations). Additional information regarding the evaluation process can be found at www.cpars.gov or if you have any questions, you may contact the Customer Support Desk at DSN: 684-1690 or COMM: 207-438-1690.

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

4. Failure for the contractor’s representative to respond to the evaluation within those 60 days will result in the governments evaluation being placed on file in the database with a statement that the contractor failed to respond. The Contractor’s representative will be locked out of the evaluation and may no longer send comments.

B.4 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 – N/A

5. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE – N/A

6. SECURITY INCIDENT INVESTIGATION

a. The term "security incident" means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/ subcontractor shall immediately notify the COR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/ subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/ subcontractor's notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

7. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. 5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a "security incident" as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

(b) data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

8. SECURITY CONTROLS COMPLIANCE TESTING – N/A

9. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document - e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

(End of Clause)

B.5 PRICE/COST SCHEDULE INFORMATION

The contractor shall furnish assisted patient wheelchair-accessible van transportation services for eligible beneficiaries of the Battle Creek Veterans Affair Medical Center in accordance with the Performance Work Statement.

FAR Clause 52.217-8 Option to Extend Services: If FAR 52.217-8 is utilized at the end of the contract, prices for the extension or extensions will be the awarded pricing for the most currently awarded period pricing. FAR 52.217-8 can be exercised at any time and can be exercised increments of one (1) to six (6) months, but not for more than a total of six (6) months during the life of the contract. The Government is not obligated to utilize FAR 52.217-8.

Estimated Quantities: The Government has provided their best estimate as to the number of items/units that will be required. The need for services may change due to needs of the medical center. There is no guarantee that the exact number items/units listed in the price schedule will be always needed.

Minimum Guarantee: The minimum guarantee for this contract is $10,000.00 over the life of the contract.

Maximum Contract Value: The maximum value of this contract shall be no more than $600,000.00 over the life of the contract.

B.6 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM NUMBER
DESCRIPTION OF SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
9,100.00
TRP
___________
______________

Wheelchair Base Rate. ESTIMATE Contract Period: Base POP Begin: 11-01-2024 POP End: 10-31-2025 PRINCIPAL NAICS CODE: 485991 - Special Needs Transportation PRODUCT/SERVICE CODE: V226 - Transportation/Travel/Relocation - Travel/Lodging/Recruitment: Taxicab

4,500.00
MI
___________
_____________

Wheelchair Mileage Rate Over 30 Mile Base. ESTIMATE

POP Begin: 11-01-2024 POP End: 10-31-2025

450.00
TRP
___________
______________

Wheelchair Cancel Fee after arrival for pick-up at the residents or the VA facility. ESTIMATE

POP Begin: 11-01-2024 POP End: 10-31-2025

115.00
HR
___________
______________

Wheelchair Wait Time Billed In .25 hours. ESTIMATE

POP Begin: 11-01-2024 POP End: 10-31-2025

3,650.00
TRP
___________
______________

Common Carrier (base Rate, to include first 30 miles), One-way trip is equivalent to one each for the unit of issue. ESTIMATE

POP Begin: 11-01-2024 POP End: 10-31-2025

18,200.00
MI
___________
______________

Common Carrier Mileage Rate Over 30 Mile Base. ESTIMATE

POP Begin: 11-01-2024 POP End: 10-31-2025

275.00
TRP
___________
______________

Common Carrier Cancel Fee after arrival for pick-up at the residents or the VA facility. ESTIMATE

POP Begin: 11-01-2024 POP End: 10-31-2025

70.00
HR
___________
______________

Common Carrier Wait Time Billed In .25 hours. ESTIMATE

POP Begin: 11-01-2024 POP End: 10-31-2025

10,000.00
TRP
___________
______________

Wheelchair Base Rate. ESTIMATE Contract Period: Option 1 POP Begin: 11-01-2025 POP End: 10-31-2026

50,000.00
MI
___________
______________

Wheelchair Mileage Rate Over 30 Mile Base. ESTIMATE

POP Begin: 11-01-2025 POP End: 10-31-2026

500.00
TRP
___________
_____________

Wheelchair Cancel Fee after arrival for pick-up at the residents or the VA facility. ESTIMATE

POP Begin: 11-01-2025 POP End: 10-31-2026

125.00
HR
___________
______________

Wheelchair Wait Time Billed In .25 hours. ESTIMATE

POP Begin: 11-01-2025 POP End: 10-31-2026

4,000.00
TRP
___________
______________

Common Carrier (base rate, to include first 30 miles), One-way trip is equivalent to one each for the unit of issue. ESTIMATE

POP Begin: 11-01-2025 POP End: 10-31-2026

20,000.00
MI
___________
______________

Common Carrier Mileage Rate Over 30 Mile Base. ESTIMATE

POP Begin: 11-01-2025 POP End: 10-31-2026

300.00
TRP
___________
______________

Common Carrier Cancel Fee after arrival for pick-up at the residents or the VA facility. ESTIMATE

POP Begin: 11-01-2025 POP End: 10-31-2026

75.00
HR
___________
______________

Common Carrier Wait Time Billed In .25 hours. ESTIMATE

POP Begin: 11-01-2025 POP End: 10-31-2026

GRAND TOTAL
______________

Base Year

Option Year One (1)

Aggregate Total (Base + Option, if exercised)

B.7 PERFORMANCE WORK STATEMENT (PWS)

1. GENERAL. This is a non-personnel services contract in which the contractor shall provide wheelchair and common carrier transportation service for Battle Creek VA Medical Center (VAMC) in Michigan.

1.1 SCOPE SUMMARY. The contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items necessary to provide wheelchair van and car for hire (taxi) transportation services for eligible beneficiaries, SMT Veterans, Veterans with Visual Impairments, and their attendants, escorts, and caregivers for Battle Creek VAMC as established in this Performance Work Statement (PWS). The contractor shall adhere to all applicable Federal, State and Local laws, rules, regulations and procedures as required to perform services under this contract. The contractor shall furnish the vehicles necessary to provide full and complete coverage for pick-up and delivery of all Veteran patients requiring transport in accordance with the terms and conditions of this contract for the locations specified herein.

The contractor shall provide or subcontract at contract rates all requests for transport received from the Battle Creek VA Medical Center, and its Community Based Outpatient Clinics to transportation requirements both locally and from outlying areas. The contractor shall be responsible for providing patient pick-up and delivery as necessary from community hospitals and VA facilities within and outside the service area which may include personal residence of the patient and other locations as requested by the authorized government representative(s) designated in writing by the COR and/or CO in accordance with the procedures specified within this PWS in support of the following primary operating location: Department of Veterans Affairs, Battle Creek VA Medical Center, 5500 Armstrong Rd, Battle Creek, MI 49037. Veterans served within this facility live within the following counties.

Counties

Allegan
Cass
Kalamazoo
Montcalm
St. Joseph
Barry
Clinton
Kent
Muskegon
Van Buren
Berrien
Eaton
Lake
Newaygo
Branch
Ingham
Mason
Oceana
Calhoun
Ionia
Mecosta
Ottawa

1.2 PERIOD OF PEFORMANCE. The performance period is summarized as follows:

· Base Period: 01 November 2024 to 31 October 2025

· Option Year 1: 01 November 2025 to 31 October 2026

1.3 GENERAL REQUIREMENTS

1.3.1 Quality Control: The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The contractor shall identify and define the management concept for ensuring compliance with all contract requirements. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor will have an ongoing quality assurance and /or quality improvement program designed to measure objectively and systematically, assess, and improve performance to enhance patient care and all patient care services. The contractor’s quality control program is the means by which the contractor assures that all work complies with the requirement of the contract. The contractor shall provide a copy of the QCP with their offeror as specified by the Contracting Officer and upon request thereafter. After acceptance of the quality control plan, the contractor shall immediately notify the contracting officer of any proposed changes to their quality control program and submit a change request in writing to the contracting officer. The contractor shall furnish copies of these records if requested by the Contracting Officer, COR or individual(s) designated by the COR and/or CO in writing. The contractor’s quality control program shall include the following:

1.3.1.1 An inspection plan outlining all services defined in this contract. The inspection plan shall specify the areas to be inspected on both a scheduled and unscheduled basis, how often inspections shall be accomplished, and the title of the individual(s) who shall perform inspections.

1.3.1.2 The methods for identifying and preventing deficiencies in the quality of services being performed before the level of performance becomes unacceptable.

1.3.1.3 The on-site records of all inspections conducted by the contractor and corrective action taken.

1.3.1.4 The on-site records of all vehicle maintenance and repairs performed on vehicles used in the performance of this contract.

1.3.1.5 The on-site records of all vehicle maintenance and repairs performed on vehicles used in the performance of this contract. The methods of identifying and preventing vehicle breakdowns to include a detailed procedure for alternative transportation of patients in the event of mechanical breakdown of any vehicle(s).

1.3.1.6 The on-site records identifying the character, security and background checks, current driving records, physical capabilities, certifications and ongoing training of each employee performing services under this contract. This will include training in the safe and proper transport of beneficiaries and the necessary healthcare training, i.e., Health Insurance Portability and Accountability Act (HIPPA), Privacy Training for each employee performing services under this contract.

1.3.1.7 The methods of identifying and preventing radio communication breakdowns. A detailed procedure for alternative communications in the event of electronic and mechanical breakdown of vehicle two-way radios.

1.3.1.8 A log to account for all requests for service. The log shall indicate the date and time of service call, name of beneficiary requiring services, any required Medicare/Medicaid forms with Doctor’s signatures, type of transportation requested, designated pick-up and delivery points, actual time of arrival at pick-up and delivery points and actual waiting time at pick-up and delivery points, if waiting charges are claimed.

1.3.1.9 The on-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

1.3.2 Quality Assurance. The government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.3.3 Federally Recognized Holidays. The contractor is not anticipated but may be required to provide service on Federally recognized holidays in accordance with the terms and conditions established in this PWS to include but not limited to the following: New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day.

1.3.4 Hours of Operation. The contractor shall be available to provide service 24-hours per days, 7 days a week, 365 days per year. The majority of services under this contract are anticipated to be performed Monday through Saturday from 0500-EST to 2100-EST but limited service may be required at any time (to include weekends and holidays). Limited services may be required at any time, to include weekends and Federal holidays, which shall be performed at the rates established in the SCHEDULE OF SERVICES – PRICE SCHEDULE. The contractor shall provide services in accordance with the terms and conditions of this contract. The contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.3.5 Place of Performance. The contractor shall furnish the vehicles necessary to provide full and complete coverage for pick-up and delivery of all Veteran patients requiring transport in accordance with the terms and conditions of this contract for the locations specified herein. The contractor shall be responsible for providing patient pick-up and delivery as necessary from community hospitals and VA facilities within and outside the service area which may include personal residence of the patient and other locations and transportation across state lines as requested by the authorized government representative(s) designated in writing by the COR and/or CO in accordance with the procedures specified within this PWS.

Battle Creek VAMCJohn Dingell VAMC (Detroit)Ann Arbor VAMC
5500 Armstrong Rd4646 John R2215 Fuller Rd
Battle Creek, MI 49037Detroit, MI 48201Ann Arbor, MI 48105
Aleda E Lutz VAMCWyoming VA CBOCBenton Harbor VA CBOC
1500 Weiss St5838 Metro Way SW1275 Mall Dr
Saginaw, MI 48602Wyoming, MI 49519Benton Harbor, MI 49022
Lansing VA CBOCMuskegon VA CBOCBronson Battle Creek
5656 S Cedar St5000 Hakes Dr300 North Ave
Lansing, MI 48911Muskegon, MI 49441Battle Creek, MI 49017
Bronson Methodist HospitalBorgess Hospital
601 Johns St1521 Gull Rd
Kalamazoo, MI 49007Kalamazoo, MI 49048

1.3.6 Type of Contract and Task Orders. The government intends to award a single-award indefinite-delivery indefinite quantity (IDIQ) type contract for the effort specified herein. The base and option periods (if any) specified in the SCHEDULE OF SERVICES - PRICE SCHEDULE shall be exercised at the discretion of the government through the issuance of a task order for the entire period of performance. The authority that will be utilized to award this effort is FAR Part 13.5 (Simplified Procedures for Certain Commercial Items).

1.3.7 Security Requirements and Background Checks. All contractor employees shall comply with the security and background check requirements required by Federal, State, Local and the Department of Veterans Affairs to perform services in support of this VA medical facility in the state of Michigan.

1.4.12.1 PHYSICAL Security: The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.4.12.2 Key Control: Not Applicable.

1.4.12.3 Lock Combinations: Not Applicable.

1.3.8 Special Qualifications. See requirements below.

1.3.9 Post Award Conference/Periodic Progress Meetings. The contractor agrees to attend any post award conferences convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the contracting officer will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced.

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.3.10 Contracting Officer’s Representative (COR). The (COR) if designated will be identified by separate letter issued by the cognizant government Contracting Officer. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and contractor of any deficiencies; coordinate availability of government furnished property and provide site entry of contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price and estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.3.11 Key Personnel. The following personnel are considered key personnel by the government: Project Manager/Alternate Project Manager and Officer in Charge. The contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available 7 days a week, 24 hours per day, 365 days per year.

1.3.11.1 Personnel Roster. Within one (1) day of contract award, the contractor shall provide a list of all personnel that will perform services under this contract to the Contracting Officer (CO) that the CO shall forwarded to the requiring activity for review/action as appropriate.

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