36C25226Q0498_1.docx
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- Solicitation number
- 36C25226Q0498
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This is a Request for Quote (RFQ) and Performance Work Statement for 24/7 wheelchair van and sedan transportation services to support the Edward Hines Jr. VA Hospital and associated Community-Based Outpatient Clinics in Illinois. The Department of Veterans Affairs Veterans Health Administration issued this solicitation under FAR Part 13.5 simplified acquisition procedures, seeking a single IDIQ contract with a firm fixed-price structure for a two-year and nine-month ordering period from July 1, 2026 through April 30, 2029. The contract ceiling is $9,000,000 with a guaranteed minimum of $250,000 in the initial priced period.
The contractor must dedicate at least 20 wheelchair-capable vans, 20 sedans, and 45 corresponding drivers to provide transportation for eligible VA beneficiaries from residences, airports, or Amtrak Union Station to VA facilities and non-VA facilities receiving VA-covered care. Services include one-way trips with flat rates for trips within 30 miles plus mileage charges beyond that radius, waiting time charges beyond the initial 15 minutes, and attendant services when requested. The solicitation requires electronic invoicing through VetRide, compliance with extensive vehicle safety and maintenance standards, comprehensive driver qualifications including background checks and training certifications, and two on-site dispatchers at Hines VAH working Monday-Friday 8:30 AM to 5:00 PM. Quotes were due June 22, 2026 at 10:00 AM CDT, with questions due by June 12, 2026. The solicitation is 100% unrestricted with an estimated $19 million budget authority. Contract line items include wheelchair van flat rates (estimated 9,000-36,000 trips per period), sedan flat rates (estimated 5,745-22,980 trips per period), mileage rates for both vehicle types, attendant services, and wait time compensation beyond the initial quarter hour.
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| File | Type | Posted |
|---|---|---|
| S02 - 36C25226Q0498 0003.docx | DOCX document | |
| S02 - 2015-5741.txt | TXT text file | |
| S02 - 2015-5035.txt | TXT text file | |
| S02 - 2015-4899.txt | TXT text file | |
| BAA SAMPLE.pdf | ||
| Attachment - Historical Data.xlsx | XLSX spreadsheet | |
| 36C25226Q0498 0002.docx | DOCX document | |
| S02 - 2015-5017.txt | TXT text file | |
| S02 - 2015-5025.txt | TXT text file | |
| S02 - 2015-5019.txt | TXT text file | |
| 36C25226Q0498 0001_1.docx | DOCX document | |
| 36C25226Q0498 0001.docx | DOCX document |
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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
None 36C25226Q0498 06-11-2026 Erika Cannaday erika.cannaday@va.gov 06-22-2026 10:00
CDT
Department of Veterans Affairs 36C252 115 South 84th Street, Suite 101 Milwaukee
WI
53214-1476 X X 485991 $19 Million N/A X Edward Hines Jr VA Hospital and area Community-Based Outpatient Clinics, including VA and non-VA facilities in accordance with the PWS
Department of Veterans Affairs 36C252 Great Lakes Acquisition Center - HC 115 South 84th Street, Suite 101 Milwaukee
WI
53214-1476
Department of Veterans Affairs Financial Services Center PO Box 149971 Austin
TX
78714-9971 See CONTINUATION Page Provide 24 hour / 7 days a week wheelchair van and sedan (Special Mode) transportation services to eligible beneficia See Performance Work Statement.
See CONTINUATION Page X X
SECTION B - CONTINUATION OF SF 1449 BLOCKS
B.1 CONTRACT ADMINISTRATION DATA (continuation from Standard Form 1449)
OFFERORS MUST COMPLETE AND RETURN ALL INFORMATION DESIGNATED HEREIN PRIOR TO THE TIME SPECIFIED IN BLOCK 8 OF SF 1449 IN ORDER TO BE CONSIDERED FOR AWARD.
ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO | DATE | |
| ______________________________ | __________________________ | |
| ______________________________ | __________________________ | |
| ______________________________ | __________________________ |
1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:
a. CONTRACTOR:
CONTRACTOR NAME _____________________________________
ADDRESS ________________________________________________
CITY-STATE-ZIP __________________________________________
POINT OF CONTACT/TITLE ________________________________
| PHONE NUMBER | ______________________________________ |
| E-MAIL ADDRESS | ______________________________________ |
SAM UEI NO. ____________________________________________
CAGE CODE _____________________________________________
b. GOVERNMENT:
CONTRACTING OFFICE CODE: 36C252
| DEPARTMENT OF VETERANS AFFAIRS |
| GREAT LAKES ACQUISITION CENTER |
| 115 S. 84TH ST., STE 100 |
MILWAUKEE WI 53214
2. ACQUISITION OF COMMERCIAL ITEMS:
This Request for Quote (RFQ) solicitation is issued under the authority of FAR Part 13.5 Simplified Procedures for Certain Commercial Items (and RFO Part 12) in which simplified acquisition procedures in FAR Part 13 will be used. FAR Part 14 and 15 will not be used. From this RFQ, the Government intends to award a firm fixed price contract where the contractor provides a price that is not subject to any adjustment on the basis of the contractor’s cost experience in performing the contract. (Note: The terms “offeror” and “quoter” are both used in this Solicitation. For the purposes of this Solicitation, these terms are interchangeable; there is no difference in meaning between the two.)
3. SET-ASIDE (If any): See box 10 of STANDARD FORM 1449
4. SOLICITATION TIMELINE SUMMARY:
A. RFQ QUESTIONS:
In order to maintain integrity of this solicitation and subsequent award date, all offerors are advised that any question and answer requests must be submitted in a written form via e-mail to the Contracting Officer erika.cannaday@va.gov no later than Friday, June 12, AT 10:00 AM LOCAL TIME. Contracting will issue a consolidated response via solicitation amendment to https://sam.gov Contract Opportunities within 2 business days to all parties
B. SOLICITATION CLOSES/QUOTES DUE:
See box 8 of STANDARD FORM 1449 or most recent Amendment.
C. SUBMISSION OF QUOTE:
See 52.212-1 Instructions to Offerors—Commercial Products and Commercial Services and addendum for specific instructions to offerors.
5. CONTRACTING OFFICER AUTHORITY:
The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.
6. INVOICES:
a. All payments by the Government to the contractor will be made in accordance with: FAR 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER – SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
b. Invoices shall be submitted weekly in arrears in accordance with: 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018)
c. Payments shall be made in arrears upon receipt of a properly prepared invoice
d. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests.
e. The VA has mandated electronic invoice submission for Veterans Transport contracts and has partnered with VetRide, for submissions of all electronic invoices to VA. VetRide electronic invoicing is free to all VA vendors.
f. Contractor shall submit an electronic invoice by the Friday of the week following the week services were performed. If Friday is a federal holiday, submissions shall be due the following Monday.
g. All invoices shall reference the vendor name and address, customer name, contract number, appropriate obligation/funding order number, description of services provided, quantity, unit price, and total invoice amount (any additional info). Invoices shall also include any payment discount terms.
h. Training and support for the VetRide system shall be provided by facility or VetRide at no cost to the Vendor.
7. NONPERSONAL SERVICES CONTRACT:
This Contract is a nonpersonal services contract, as defined in FAR 37.101. VA personnel will not exercise any supervision or control over Contractor personnel performing work under this Contract. Such personnel shall be accountable solely to the Contractor, which in turn is responsible to the Government for execution of the services under this Contract.
8. CONTRACTING OFFICER AUTHORITY:
The Contracting Officer is the only person authorized to approve changes or modify any of the requirements under this contract. The Contractor shall communicate with the Contracting Officer on all matters pertaining to contract administration. Only the Contracting Officer is authorized to make commitment or issue changes that will affect price, quantity or quality of performance of this contract. In the event the Contractor effects any such change at the direction of any person other than the Contracting Officer, the change shall be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred thereof.
9. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.
a. Contractor is responsible to follow all on site facility policies
b. All VA property is considered Federal property and all Federal laws are applicable.
c. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.
d. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
e. All contractor personnel are required to adhere to all VA rules and regulations.
f. Smoking is prohibited on the entire campus, both inside and outside the VA Facility
g. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
h. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.
10. FACILITY REQUIREMENTS: In addition to any other requirements set forth in this Contract, the Contractor, including its employees, agents, and subcontractors (collectively “the Contractor”), shall comply with the following facility requirements. Failure to comply with these requirements shall be considered a material breach of this Contract and may be a violation of Federal law resulting in charges answerable in the United States District Court.
i. Contractor is responsible to follow all on site facility policies
j. All VA property is considered Federal property and all Federal laws are applicable.
k. It is the responsibility of the Contractor to park in the appropriate designated parking areas. Information on parking is available from the VA Police Section. The VA will not invalidate or make reimbursement for parking violations of the Contractor under any conditions.
l. All VA facilities are drug free. Possession of drugs, to include Marijuana and all Marijuana bi-products are prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
m. All contractor personnel are required to adhere to all VA rules and regulations.
n. Smoking is prohibited on the entire campus, both inside and outside the VA Facility
o. Possession of weapons is prohibited. Enclosed containers, including tool kits, shall be subject to search. Violations of VA regulations may result in citation answerable in the United States (Federal) District Court, not a local district, state, or municipal court.
p. VHA DIRECTIVE 1192: This Veterans Health Administration (VHA) directive establishes policy and provides guidance for the prevention of seasonal influenza in VHA facilities through the vaccination or masking of health care personnel (HCP). AUTHORITY: Title 38 United States Code (U.S.C.) 7301(b), 7318(b). Contractor is responsible in ensuring that all aspects of this directive are implemented, including providing face masks and influenza vaccines for all employees working at a VA facility.
11. SECURITY & PRIVACY CONTROL:
VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE
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.
1. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS
1. A contractor/subcontrator 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.
1. 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.
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.
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.
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.
1. VA INFORMATION CUSTODIAL LANGUAGE
2. 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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 COTR.
1. INFORMATION SYSTEM DESIGN AND DEVELOPMENT – N/A
1. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE – N/A
1. SECURITY INCIDENT INVESTIGATION
5. 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 COTR 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.
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.
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.
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.
1. LIQUIDATED DAMAGES FOR DATA BREACH
6. 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. However, it is the policy of VA to forgo collection of liquidated damages in the event the contractor provides payment of actual damages in an amount determined to be adequate by the agency.
6. 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.
6. Each risk analysis shall address all relevant information concerning the data breach, including the following:
2. Nature of the event (loss, theft, unauthorized access);
2. Description of the event, including:
1. date of occurrence;
1. data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;
2. Number of individuals affected or potentially affected;
2. Names of individuals or groups affected or potentially affected;
2. 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;
2. Amount of time the data has been out of VA control;
2. The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);
2. Known misuses of data containing sensitive personal information, if any;
2. Assessment of the potential harm to the affected individuals;
2. Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and
2. 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.
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;
1. One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;
1. Data breach analysis;
1. Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;
1. One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and
1. Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.
1. TRAINING
7. 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;
1. Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;
1. Successfully complete the appropriate VA privacy training and annually complete required privacy training; and
1. Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access, including Privacy Training.
The contractor shall provide to the contracting officer and/or the COTR 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. 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.
PIV Card:
Applies to unsupervised, full-time, logical and/or physical access for more than 6 months OR more than 180 aggregate days in a one-year period.
Defined in VA Directive 0735 as: “Personal Identity Verification (PIV) Credential: An identification card that complies with FIPS 201 and related guidance that contains a photograph and stored identity information so that the claimed identity of the cardholder can be verified by another person or an automated process. PIV credentials are issued to persons requiring routine access to VA facilities or information systems.”
All contractor employees are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform in accordance with the statement of work is: Special Agreement Check (SAC) & National Agency Check with Inquiries (NACI). This requirement is applicable to all subcontractor personnel requiring the same access.
Contractors agree to abide by VA Handbook and Directive 0735.
12. NARA Records Management Language for Contracts (May 2017):
RECORDS MANAGEMENT OBLIGATIONS
A. Applicability
This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.
B. Definitions “Federal Record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.
The term Federal record:
1. includes VA records.
2. does not include personal materials.
3. applies to records created, received, or maintained by Contractors pursuant to their VA contract.
4. may include deliverables and documentation associated with deliverables.
C. Requirements The following standard Items relate to records generated in executing this contract and should be included in a typical contract where records could possibly be created, maintained or dispositioned:
1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.
2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.
3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.
4. The VA and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of the VA or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.
In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to the VA. The agency must report promptly to NARA in accordance with 36 CFR 1230.
5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described herein. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the VA control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed herein. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).
6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The Contractor (and any sub-contractor) is required to abide by Government and the VA guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.
7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with the VA policy.
8. The Contractor shall not create or maintain any records containing any non-public the VA information that are not specifically tied to or authorized by the contract.
9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.
10. The VA owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which the VA shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.
11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training.
D. Flowdown of requirements to Subcontractors
1. The Contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this agreement, and require written subcontractor acknowledgment of same.
2. Violation by a subcontractor of any provision set forth in this clause will be attributed to the Contractor.
B.2 PERFORMANCE WORK STATEMENT (PWS)
1. PURPOSE: The Contractor shall furnish the necessary personnel and equipment to provide for twenty-four (24) hours 7 days a week wheelchair van and sedan transportation services to the beneficiaries of the Edward Hines Jr. VA Hospital (VAH) in Hines, IL, and associate Community-Based Outpatient Clinics (CBOC). Service will be from Veteran’s residence, Midway or O’Hare airports, or Amtrak Union Station to a designated VA facility or back, between VA facilities and non-VA facilities providing care at VA expense. Vehicles transporting patients shall not carry any person not directed on manifest sent to the contractor by a VA employee of the patient beneficiary office. The VA intends to award a single IDIQ contract for a two-year and nine-month ordering period. Actual trip quantities may vary. Contractor shall dedicate at least 20 wheelchair capable passenger vans and 20 sedans and 45 corresponding drivers for use on this contract.
2. REQUIREMENTS:
2.1 VEHICLE REQUIREMENTS: The contractor must meet all safety and mechanical standards established by Local, State and Federal statutes and regulations. Vehicles used to provide services under this contract shall meet requirements including, but not limited to the following. An inspection checklist shall be completed for each vehicle daily and must address at least the following items. This checklist for the applicable service date shall be kept in the vehicle. After the day is over, the checklist shall be retained by the Contractor to be made available to the Government upon request.
2.1.1 Have passed the Illinois Department of Transportation safety inspection.
2.1.2 Have functioning mechanisms which ensure that all access doors are capable of being opened from the inside and remain closed and secure during travel.
2.1.3 Have a functioning speedometer indicating speed in miles per hour and a functioning odometer correctly indicating distance in tenths of a mile.
2.1.4 Be equipped with operational air conditioning and heating systems. If the air conditioning system becomes inoperable during a day when the high temperature is forecasted to reach 79 degrees or more, the vehicle shall be immediately pulled from service at the termination of the current trip and shall not again be used for service under this contract until the air conditioning system has been repaired.
2.1.5 Have exterior free of grime, oil, or other substances and free from cracks, breaks, dents, and damaged paint that noticeably detract from the overall appearance of the vehicle.
2.1.6 Be equipped with hubcaps or wheel covers.
2.1.7 Have all body molding in place, or if removed, holes shall be filled and painted.
2.1.8 Have passenger compartment that shall be clean of dirt and free from torn upholstery or floor coverings, damaged or broken seats, protruding sharp edges and vermin or insects
2.1.9 Have unobstructed vision on all sides.
2.1.10 Be equipped with an operable two-way radio and/or cellular telephone communication system, which afford contact with the vehicle during all hours of operation. Beepers/pagers are not an acceptable substitute.
2.1.11 Have windows and doors, which can be opened and closed in accordance with manufacturer standards.
2.1.12 Not have leaks of any kind.
2.1.13 Be equipped with a functioning horn.
2.1.14 Have operable seat belts on all seats.
2.1.15 Have fully charged, certified and non-expired fire extinguisher.
2.1.16 Wheelchair vehicles shall be equipped with lifts or ramps, with a minimum lift capacity of 800 pounds, and shall have wheelchair tie down straps and effective securing devices to secure both wheelchair and wheelchair occupants.
2.1.17 Have a backup for all lift capacity. The lift shall incorporate an emergency method of deploying, lowering to ground level with a lift occupant, and raising and stowing the empty/occupied lift if the power to the lift fails.
2.1.18 A fixed seat position or a fixed secured floor or sidewall wheelchair lock shall be approved for each ambulatory or wheelchair restricted passenger being transported, according to the passenger’s needs. Driver shall ensure wheelchair locks are secured and seat belts and shoulder harnesses are in place before the vehicle is driven.
2.1.19 The Contractor shall provide the Contracting Officer’s Representative (COR) and the Alternate COR with a list of all vehicles used to provide Services under this contract, including vehicle license numbers, insurance certificates, and the current odometer reading for all vehicles prior to initiating service. An updated list shall be provided to the COR/Alternate COR monthly.
2.1.20 All vehicles shall be made available for inspection at any reasonable time (in accordance with paragraph 2.3.5) during the performance of this contract when requested by the Contracting Officer (CO) or COR. Any vehicle found not in conformity with the above standards or any vehicle receiving two (2) or more unsatisfactory findings within a five (5) day period shall be removed from service immediately. That vehicle shall not be put back in service until subsequent inspections verify correction of the deficiencies. Hines VAH reserves the right to order the immediate removal from service any vehicle not in compliance with any vehicle standards referenced herein. Failure to comply with this requirement may be cause for disallowance of compensation for services rendered in the violating vehicle.
2.1.21 The Contractor shall assign each vehicle a number that will be displayed on placard(s) within the vehicles. These placard(s) must be easily visible to any passengers transported in the vehicle. The Contractor shall provide a list of all assigned vehicle numbers by Vehicle Identification Number (VIN) to the COR/Alternate COR within 30 days of award of the contract.
2.1.22 All vehicles shall be serviced with sufficient fuel to complete patient transport without stopping to refuel during patient transport. For patient trips in excess of 150 miles refueling the vehicle is permitted as necessary.
2.2 OTHER REQUIREMENTS:
2.2.1 The contractor shall supply a wheelchair for transporting patients in all wheelchair vans. VA owned wheelchairs marked as VA Property may not be removed from the medical center without approval from the Mobility Manager, the Beneficiary Travel Supervisor, or Administrative Officer of the Day (AOD).
2.2.2 Due to weight or size, some patients may be defined as “bariatric” patients and require the use of oversized wheelchairs and/or high-back wheelchairs (supplied by the VA or the patient). Because of specialized care for Spinal Cord Injury patients, their motorized wheelchairs will need to accompany these patients in the vehicle so that the wheelchair may be adjusted to changing pressure points.
2.2.3 If a patient being transported declines to be properly belted or removes the securement devices himself/herself, the driver shall immediately notify the Contracting Officer’s Representative of this fact prior to departure or upon arrival at destination. The Contractor shall not transport any patient who refuses to be properly secured while being transported.
2.2.4 Patients using motorized electric carts (supplied by the patient) shall be secured in accordance with Federal and State regulations for transport or transfer to a manually operated wheelchair before being loaded in the vehicle. The motorized cart will be loaded separately and must be secured to the vehicle during transport.
2.2.5 Some patients may have to transfer to the standard passenger bench seat and wear the safety belt required for riding in that seat. The driver will secure the cart to keep it from moving and becoming a hazard during transit. If the patient refuses to transfer to the passenger bench seat and/or refuses to wear the appropriate safety belt, the contractor shall not transport the patient. This will be treated as a “No Load” situation, per section 4.1(2). A patient may remain in their chair if properly secured in the chair.
2.2.6 If or when patient’s medical records are transported, Contractor shall ensure that Privacy Act of 1974 guidelines are followed.
2.2.7 Contractor shall provide personal protective equipment (gloves) and spill kits to drivers to ensure they are adequately prepared to address biological fluids.
2.2.8 Contractor shall provide no more than three (3) personnel to be located at the Hines facility capable to receive daily transportation manifests and be on hand to coordinate and ensure the timely service of transportation orders to/from all facilities. At a minimum, the contractor shall have two (2) Dispatcher on-site. Contractor personnel will have access to documents printed by VA employees on a VA network printer, but no contractor IT systems will be connected to the VA network.
2.3 VEHICLE INSPECTIONS:
2.3.1 The Contractor shall follow an approved inspection plan that specifies the areas to be inspected on both a scheduled and unscheduled basis, how often inspections shall be accomplished, and the company or title of the individual(s) who shall perform such inspections. Inspection reports shall be made available upon request.
2.3.2 The Hines VAH shall inspect all vehicles that are to be utilized in the performance of this contract. These inspections shall be conducted at the beginning of the contract and before each initial use of a vehicle.
2.3.3 Contractor shall not use any vehicles for this contract that do not pass inspection based on criteria in section 2.1.
2.3.4 Contractor shall contact the COR to coordinate the date, time, and location for inspections.
2.3.5 The Hines VAH shall inspect vehicles periodically to ensure vehicles meet VA standards for patient transportation. If/when periodic inspections occur, they shall be conducted at random by the Contracting Officer’s Representative (COR) and may be conducted at a Government or a Contractor facility. If conducted at a Government facility, the inspection location shall be the VA Medical Center at Hines IL (Hines Hospital), and vehicle(s) designated to be inspected will be those instructed to arrive early for a previously scheduled transportation order. If/when an inspection is to be conducted at VAMC Hines, the contractor shall have no less than two (2) hours’ notice for each vehicle to be inspected. During the two (2) hour period, the contractor shall have one (1) hour to get the respective vehicle to VAMC Hines one (1) hour earlier than the scheduled patient pick up time during which time the inspection shall occur. The contractor shall not be entitled to extra compensation for arriving to the facility early nor for inspection time. If/when an inspection is conducted at the contractor’s facility, the contractor shall have an hour notice and all vehicles performing services against the contract that are not currently transporting VAMC Hines patients, shall be subject to inspection at the discretion of the COR.
2.3.6 The Government reserves the right to conduct spot checks on vehicles without notice.
2.4 DRIVERS' DUTIES
2.4.1 The driver shall provide “through the door service” for patients to and from their designated appointments.
2.4.2 Patients are to be picked up or dropped off on the ward, at their homes, in their clinic, or at other stated areas and taken to their stated destination or appointment.
2.4.3 Assistance in maneuvering stairs and other barriers must be provided by the driver and/or attendant as necessary.
2.4.4 When a patient is delivered to or departing from a destination (i.e., a clinic or other appointment), a responsible party at the destination must be informed of the patient’s arrival by the driver or attendant. “Responsible party” is defined as any driver, professional staff at medical center, nursing home or clinic, or patients concerned other.
2.4.5 When a veteran is picked up at an airport or train station, the VA shall provide the contractor with the flight number or train number and the driver / attendant shall meet the veteran in the terminal and provide assistance for the veteran and their luggage to the vehicle.
2.4.6 Veterans that do not require any assistance will be dropped off at the South end of building 200 by the pharmacy.
2.5 ATTENDANT’S DUTIES
2.5.1 Attendants shall be provided upon request.
2.5.2 Attendants shall assist the driver with the transportation of patients as required. Such assistance may include informing responsible parties at the destination of the…
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