36C25219Q0419-0001000.docx

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE OF PAGES

10A. MODIFICATION

OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

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

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

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR

ACKNOWLEDGMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO:

Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADM

INISTRATIVE CHANGES

SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

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

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

D. OTHER

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

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

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 3

PREVIOUS EDITION NOT USABLE

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

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

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO

MODIFICATIONS OF CONTRACTS/ORDERS,

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

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 36C252 Department of Veterans Affairs Great Lakes Acquisition Center (GLAC) 115 S 84th Street, Suite 101 Milwaukee WI 53214-1476 To all Offerors/Bidders

36C25219Q0419

X X X

The purpose of this amendment is to address vendor questions, update the Price/Cost Schedule, update the PWS (changes in underlined red text), update FAR Clause 52.216-19, and replace VAAR 852.216-71 with VAAR 852.216-72

The proposal due date remains August 26, 2019 at 12:00pm CST

VENDOR QUESTIONS

1) Both Orders 3.4.1.5 on page 15 of the solicitation and clause 52.216-19 on page 23 of the solicitation refer to 4 trips per calendar day. Historically, it has read 2 trips per calendar day. 4 trips per calendar day would double both the current and historical staffing requirements, and place an undue hardship on the winning bidder in terms of personnel and vehicle allotment. The average daily trip count is +/- 1.35 per calendar day during the previous 12 months, and +/- 1.5 – 1.75 per calendar day the 24 months prior.

The PWS (Section 3.4.1.5) and FAR 52.216-19(b)(2) have been updated to two orders per day.

2) Page 17, Section 3.8.1. defines what shall be invoiced; specifically loaded services and mileage. Page 18, Section 4.2 defines specific locations for Place of Performance.

Question: In cases where the patient pick-up location versus destination adds more empty miles than loaded, will the VA continue to authorize wait-time for the extra empty time and mileage? It seems unreasonable to incur 50, 75, sometimes over 100 additional empty miles with no means of covering the added payroll and fuel costs.

When unloaded miles exceed 75 miles for patient pickup only, the offeror can invoice for a flat fee. CLINs ending in 015 have been added to the Price Schedule and the PWS (Section 3.8.1) have been updated.

REVISED PRICE/COST SCHEDULE (Added CLINs ending in 015)

BLS Ambulance Services BLS Base Rate: Includes 30 min. wait time.

Ordering Period 1 POP Begin: 10-01-2019 POP End: 09-30-2020

BLS Ambulance Services:

Mileage Rate Ordering Period 1

BLS Ambulance Services:

Oxygen Ordering Period 1

BLS Ambulance Services:

Waiting Time per 30 min (beyond initial 30 min) Ordering Period 1

BLS Ambulance Services:

Orders requiring attendant Ordering Period 1

ALS Ambulance Services:

ALS Base Rate: Includes 30 min. wait time Ordering Period 1

ALS Ambulance Services:

Ordering Period 1

ALS Ambulance Services:

Ordering Period 1

ALS Ambulance Services:

Continuous Infusion Pump (including supplies) Ordering Period 1

ALS Ambulance Services:

Double Sealed Chest Drainage Unit Ordering Period 1

ALS Ambulance Services:

Ventilator Ordering Period 1

ALS Ambulance Services:

Suction Ordering Period 1

ALS Ambulance Services:

Ordering Period 1

ALS Ambulance Services:

Orders requiring attendant.

Ordering Period 1

Flat Fee: When unloaded miles for patient pickup only exceed 75 miles. Inclusive of all associated costs.

Ordering Period 1

BLS Ambulance Services BLS Base Rate: Includes 30 min. wait time.

Ordering Period 2 POP Begin: 10-01-2020 POP End: 09-30-2021

BLS Ambulance Services:

Ordering Period 2

BLS Ambulance Services:

Ordering Period 2

BLS Ambulance Services:

Ordering Period 2

BLS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

ALS Ambulance Services:

Ordering Period 2

Flat Fee: When unloaded miles for patient pickup only

Ordering Period 2

BLS Ambulance Services:

Ordering Period 3 POP Begin: 10-01-2021 POP End: 09-30-2022

BLS Ambulance Services:

Ordering Period 3

BLS Ambulance Services:

Ordering Period 3

BLS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

ALS Ambulance Services:

Ordering Period 3

Flat Fee: When unloaded miles for patient pickup only

Ordering Period 3

BLS Ambulance Services:

Ordering Period 4 POP Begin: 10-01-2022 POP End: 09-30-2023

BLS Ambulance Services:

Ordering Period 4

BLS Ambulance Services:

Ordering Period 4

BLS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

ALS Ambulance Services:

Ordering Period 4

Flat Fee: When unloaded miles for patient pickup only

Ordering Period 4

BLS Ambulance Services:

Ordering Period 5 POP Begin: 10-01-2023 POP End: 09-30-2024

BLS Ambulance Services:

Ordering Period 5

BLS Ambulance Services:

Ordering Period 5

BLS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

ALS Ambulance Services:

Ordering Period 5

Flat Fee: When unloaded miles for patient pickup only

Ordering Period 5

GRAND TOTAL

Performance Work Statement Changes

3.4 Orders

3.4.1.5 The contractor shall have sufficient vehicles and personnel to provide services for up to two (2) four (4) orders within a calendar day for any mix of BLS and ALS services. Orders may be simultaneous. If the VA requires ambulance services which exceed two (2) four (4) orders per calendar day, the contractor may decline these additional order requests if sufficient vehicles and personnel are unavailable.

3.8 Invoicing

3.8.1 With the exception of “no shows” defined in 3.4.2.2, the contractor shall invoice for loaded (patient onboard) services, mileage, and unloaded flat fee (if applicable). The contractor shall submit an electronic invoice by the tenth day (10th) of each month for services which occurred during the preceding month. Electronic invoices shall be submitted to the Department of Veterans Affairs Financial Service Center; these invoices shall not include patient information. Additionally, a copy of the invoice along with secondary documentation shall be sent to the Beneficiary Travel Department. The secondary documentation must include the following information:

· Contract Number

· Purchase Order Number

· Dates of Service

· Name of the Patient

· Pick-up/drop-off points

· Total amount invoiced

· An itemized list of charges or services rendered

UNDER NO CIRCUMSTANCES ARE VA BENEFICIARIES, THIRD PARTY INSURANCES, MEDICARE OR MEDICAID TO BE BILLED FOR THE SERVICES PERFORMED UNDER THIS CONTRACT.

52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than one order, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $5,000;

(2) Any order for a combination of items in excess of 2 orders per calendar day; or

(3) A series of orders from the same ordering office within one days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within one days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause) VAAR 852.216-72 PROPORTIONAL ECONOMIC PRICE ADJUSTMENT OF CONTRACT PRICE(S) BASED ON A PRICE INDEX (MAR 2018)

**PLEASE NOTE: This VAAR clause references a contract with a base period/year and option periods/years. This contract will be an IDIQ contract with a 5 year ordering period. Therefore the dates of contract adjustment under this contract shall be annually prior to the beginning of each ordering period rather than annually prior to an option period/year.**

(a) To the extent that contract cost increases are provided for by this economic price adjustment clause, the Contractor warrants that the prices in this contract for any option periods do not include any amount to protect against such contingent cost increases.

(b) The cost index, for the purpose of price adjustment under this clause, shall be the Energy Information Administration’s Retail Gasoline Prices, Regular Grade Conventional Areas, for the Midwest (PADD2) as contained in http://www.eia.gov/petroleum/gasdiesel/, as published by the U.S. Department of Energy. All adjustments authorized under this clause shall be made by using the Base Index and Adjusting Indexes, which are published weekly each Monday at 5:00 PM (Eastern Time), or Tuesday if Monday is a holiday.

(1) The Base Index, for the purposes of price adjustment under this clause, shall be the most recent Index published prior to the closing date for receipt of offers, or the due date for receipt of best and final offers if discussions are held. This Base Index shall remain constant throughout the life of the contract, including all options.

(2) The Adjusting Index shall be the most recent Index published prior to the date of contract adjustment, as specified in paragraph (f).

(c) For purposes of this clause, it will be conclusively presumed that % of the price of CLINs ending in 002 (BLS) and 2.82% of the price of CLINs ending in 007 (ALS) represent the Base Cost of Midwest Regular Conventional Area for ambulances, and the resulting Base Cost will be the basis upon which adjustment will be made under this clause. This Base Cost will be used in calculating all adjustments to the following line items: CLINs ending in 002 and 007. A new Base Cost will be calculated for each option year period based on the new option year prices.

(d) The percentage of the price of the indexed commodity (see paragraph (c)) remains fixed throughout the life of the contract and is not subject to modification under this clause. Any pricing actions pursuant to the ‘‘Changes’’ clause or other clause or provision of the contract, except for this clause, will be priced as though there were no provisions for economic price adjustment.

(e) All price adjustments shall be applicable only to the specific contract adjustment period to which the calculations are made. For every contract adjustment period, new calculations shall be made and new prices determined. Every adjustment during the Base Year shall be based on the original contract prices for that contract year and every adjustment during an option year shall be based on the original contract prices for that option year. The Contracting Officer must make new calculations for each and every contract adjustment period specified in paragraph (f) and at the beginning of each new option year, if different.

(f) The dates of contract adjustment shall be annually and the starting dates of each option year, if not already included in these dates. The Contracting Officer shall retain a copy of the Base Index in the contract file and, on each date of adjustment specified herein, obtain a copy of the Adjusting Index. The Contracting Officer shall calculate the adjustment due and shall, within 5 business days, issue a modification to the contract adjusting the contract or unit price(s). The adjusted contract or unit price(s) shall be effective for all orders placed or services provided after the date of contract adjustment, as specified in this paragraph (f), until the date of the next contract adjustment. If the Contracting Officer fails to act, the Contractor shall request a contract adjustment in writing and any subsequent adjustment shall be retroactive to the applicable date of contract adjustment. The Contractor’s entitlement to price increases for a prior contract period (base year or option year) shall be waived unless the Contractor’s written request for an adjustment under this clause is received by the Contracting Officer no later than 30 days following the end of the base year for changes applicable to the base year, or 30 days following the end of each option year for changes applicable to that option year. The Government’s right to contract decreases for prior contract periods (base year or option year) shall be waived unless the Contracting Officer processes a contract modification no later than 30 days following the end of the base year for changes applicable to the base year, or 30 days following the end of each option year for changes applicable to that option year.

(g) An example of an adjustment calculation is provided herein for informational purposes only.

(1) For purposes of this example, assume that a contract is for ambulance services, that the contract price is $2.10 per mile one way, that price adjustments will be made on the basis of the cost of gasoline, that the cost of gasoline represents 10% of the total cost per mile (the Base Cost is 10% of $2.10 (the per mile one way price in Line Item X), or $0.21), and that contract adjustments will be made quarterly. If the Base Index (the price of gasoline the week prior to receipt of bids) is $1.559 per gallon and the price of gasoline at the first date of contract adjustment is $2.129 per gallon, the calculations for contract price adjustment would be as follows:

* This figure shall be rounded to the fourth decimal place. When the fifth decimal is 1 to 4, the figure shall be rounded down, 5 to 9, rounded up.

** The unit price adjustment shall be rounded up or down, as above, to match the number of decimal places in the original bid.

(2) For the second contract adjustment period, all calculations would be based on the original contract bid price for that contract year, $2.10 per mile in this example. If the price of gasoline goes down during the second adjustment period to the original Base Index price of $1.559 per gallon, the adjusted contract price for that second period would return to $2.10 per mile (there would be a zero percent increase or decrease to the Base Cost and thus no change to the original bid price for that contract adjustment period). The Contracting Officer would then issue a contract modification returning the contract price from $2.18 to $2.10 per mile for that contract adjustment period. If, on the other hand, the price of gasoline actually went below the Base Index price, say to $1.449 per gallon, the calculations for the second economic price adjustment period would be as follows:

Base Cost of $0.21 (10% of $2.10) multiplied by (.0706) = ($0.0148) unit price decrease

New Unit price following the second economic price adjustment is $2.10 minus $0.0148 = $2.0852 per mile (rounded to $2.09)

(3) At the start of the first option year, the Contracting Officer shall recalculate the price per mile based on any changes in the price of gasoline from the original contract award date and based on the Contractor’s new first option year price per mile. Assuming the Contractor’s bid price per mile for the first option year was $2.25 per mile, the new Base Cost for gasoline would be 10% of $2.25, or $0.225 (note that the original percent figure from paragraph (c) (10% in this sample) stays constant throughout the life of the contract), but the Base Cost would change if the option year contract price changes. If the Adjusting Index for gasoline at the start of the first option year was now up to $1.899 per gallon, the new first option year price for the first contract adjustment period would be calculated as follows:

Base Cost of $0.225 (10%* of $2.25) multiplied by .2181 = $0.0491 unit price increase. New Unit price for the first contract adjustment period in the first option year is $2.25 plus $0.0491 = $2.2991 per mile (rounded to $2.30 per mile).

* Note that the percentage remains constant (10%) but that the Base Cost has been increased for the first contract adjustment period in the first option year, since the Base Cost is a percentage of the first option year unit cost per mile (in this sample), and the unit cost per mile has increased in this sample for the first option year from $2.10 to $2.25. Although the new unit price for the first contract adjustment period of the first option year following application of the economic price adjustment in this sample would be $2.30 per mile, all economic price adjustment calculations made during that first option year would be based on the original first option year bid price ($2.25 in this sample). If in the second contract adjustment period of the first option year, the calculations resulted in a unit price increase for gasoline of $0.0332, the adjusted price for that period would be $2.25 + $0.0332 = $2.2832, rounded to $2.28 per mile.

(h) Price adjustments pursuant to this clause, which shall be made by contract modification issued by the Contracting Officer, shall show the Base Index (see paragraph (b)(1)), the Adjusting Index, the Base Cost (see paragraph (c), the mathematical calculations used to arrive at the adjusted contract unit price, and the effective date of the adjustment.

(i) In the event that Department of Energy discontinues, or alters substantially, its method of calculating the Index cited herein, the parties shall mutually agree upon an appropriate substitute for determining the price adjustment described herein. If the Contracting Officer determines that the Index consistently and substantially fails to reflect market conditions, the Contracting Officer may modify the contract to specify use of an appropriate substitute index, effective on the date the Index specified herein begins to consistently and substantially fail to reflect market conditions.

(j) Any dispute arising under this clause shall subject to the ‘‘Disputes’’ clause of the contract.

(End of Clause)