Combined Synopsis Solicitation RFQ 36C25625Q0632 - Flight Services MEDVAMC.pdf

36C25625Q0632

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL SERVICES

General Information:

Document Type:

Solicitation Number:

Posted Date:

Questions Due Date/Time:

Response Due Date/Time:

Product or Service Code:

Set Aside:

NAICS Code:

Size Standard

Point of Contact:

Contracting Office Address

Combined Solicitation/Synopsis

March 17, 2025

March 24, 2025/12:00pm (CST)

April 4, 2025/2:00pm (CST)

V225

Small Business

481211

1,500 Employees

Kolbi Barton –

Email: kolbi.barton@va.gov

Department of Veterans Affairs Network Contracting Office 16 Galleria Financial Center 5075 Westheimer Rd., Ste 750 Houston, TX 77056

Description

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for

Evaluation and Solicitation for Commercial Services,” in conjunction w ith FAR Part 13.5 for

Certain Commercial Services, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

This solicitation is issued as a Request for Quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular:

2025-03, 01-17-2025. This competitive solicitation is being issued as a small business set aside.

The associated North American Industrial Classification System (NAICS) code for this procurement is 481211, with a size standard of 1,500 employees.

The FSC/PSC is V225.

Contractor is required to be actively in the System for Award Management. Contractor quote may be considered non-compliant and rejected if the Contracting Officer is unable to verify active registration status. The Department of Veterans Affairs, Michael E. DeBakey VA Medical Center (MEDVAMC), is requesting chartered flight services to transport organs from outside the Organ Procurement Organization’s (OPO) primary service area back to the MEDVAMC.

mailto:kolbi.barton@va.gov

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR: POC:

Address:

Phone:

Email:

UEI Number:

Tax ID Number:

b. GOVERNMENT: Kolbi Barton Contract Specialist 36C256

Department of Veterans Affairs

Network Contracting Office 16

5075 Westheimer Road, Suite

750 Houston TX 77056-5643

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.

3. INVOICES: Invoices shall be submitted in arrears:

a. Other [X] Monthly in Arrears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT (PWS)

1. Overview: The Michael E. DeBakey VA Medical Center Healthcare System (MEDVAMC) located at 2002 Holcombe Boulevard, Houston, Texas 77030 requires chartered flight services to transport Liver, Heart, and Kidneys from outside the Organ Procurement Organization’s (OPO) primary service area back to the MEDVAMC. The Contractor shall furnish all labor, tools, materials, equipment, permits, reports, fuel, travel, personnel, licenses, certifications, supervision, and safety measures required to safely transport medical crew from Houston, TX to donor sites located outside of the OPO’s service area (Houston, TX). Medical crew and organs are then to be safely transported back to the OPO service area in Houston, TX.

2. Period of Performance:

Ordering Period One: 12 months (From date of award) Ordering Period Two: 12 Months Ordering Period Three: 12 Months Ordering Period Four: 12 Months Ordering Period Five: 12 Months

3. Description of Services: Services shall include 24/7 organ procurement air transportation services to and from locations where organs become available, returning to MEDVAMC. When an organ that matches a patient on the MEDVAMC transplant wait list is identified, a flight for its procurement will be necessary. Donated organs have a limited preservation time to ensure their viability from the moment of procurement until transplantation. The contractor must have access to all airports throughout the United States. The contractor is required to respond and be airborne with the Transplant Surgeon from Houston, TX, within ninety (90) minutes of notification to facilitate the retrieval of the relevant organ. Travel may be necessary outside of standard business hours, including provisions for 24-hour emergency call-out services at no additional cost. The contractor shall designate at least one (1) emergency point of contact for contract support.

All work related to this contract will be performed in accordance with any applicable Federal Aviation Administration (FAA), U.S. Department of Transportation (DOT), Occupational Safety Health Administration (OSHA) regulations, as well as applicable State health and safety regulations.

All aircraft used in the performance of this agreement must be maintained in an airworthy condition in accordance with all applicable FAA Regulations procedures by means of an established inspection and maintenance plan. Line inspections shall be performed at least once in the twenty-four (24) hour period preceding a flight. Aircraft shall be handled exclusively by trained personnel.

Additionally, the Contractor shall also provide preventative maintenance inspections of the aircraft to be used for the provision of these services, as required by the FAA on a monthly basis to the Contracting Officer Representative (COR) or designee.

4. Contingency Plan: Section 3 “Description of Services” is an essential part of the success of MEDVMC’s organ procurement air transportation services. As such, the Contractor must provide with their quote response a contingency plan to be utilized if the Contractor is unable to continue performance in accordance with the terms and conditions of the resulting contract.

5. Contractor Responsibility:

a. The Contractor shall assume fully responsibility for their protection in furnishing services under this contract (i.e., worker’s compensation, professional liability insurance, health examinations, income tax withholding, social security payments, etc.)

b. The Contractor shall be licensed by the Federal Aviation Administration (FAA), Part 135.

In addition, the contractor shall ensure assigned pilot personnel are fully trained/qualified and licensed.

6. General Requirement:

a. Non-Personal Services: The Government shall neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual contractor employees. It shall be the responsibility of the contractor to manage its employees and to guard against any actions that are of the nature of personal services or give the perception of personal services. If the contractor believes that any actions constitute, or are perceived to constitute personal services, it shall be the contractor's responsibility to notify the Contracting Officer (CO) immediately.

b. Business Relations: The contractor shall successfully integrate and coordinate all activities needed to execute the requirement. The contractor shall manage the timeliness, completeness, and response to quality deficiencies identified. The contractor shall provide corrective action plans, quote submittals, effective management of subcontractors, and the timely identification of issues which should be reported no later than 24 hours after they are noticed. The contractor shall seek to ensure customer satisfaction and professional and ethical behavior of all contractor personnel.

7. Contract Administration and Management:

a. Contractor Licenses and Permits: The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees’ fault or negligence and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of Texas. Furthermore, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

b. Contract Management: The contractor shall establish clear organizational lines of authority and responsibility to ensure effective management of the resources assigned to the requirement. The contractor must maintain continuity between MEDVAMC ongoing operations and the contractor's corporate offices.

c. Contract Administration: The contractor shall establish processes and assign appropriate resources to effectively administer the requirement. The contractor shall respond to Government requests for contractual actions in no later than three business days. The contractor shall have a single point of contact between the Government and Contractor personnel assigned to support contracts or task orders. The contractor shall assign work effort and maintaining proper and accurate time keeping records of personnel assigned to work on the requirement.

d. Personnel Administration: The contractor shall maintain the proficiency of their employees by providing initial and refresher training as required to meet the PWS requirements. The contractor shall provide administrative support to employees in a timely fashion (time keeping, leave processing, pay, emergency needs).

e. Contractor Personnel, Disciplines, and Specialties: The contractor shall accomplish the assigned work by employing and utilizing qualified personnel with the necessary combination of education, training, and experience, as required by the FAA. The contractor shall match personnel skills to the work or task with a minimum of under/over employment of resources. The Contractor shall provide the necessary resources and infrastructure to manage, perform, and administer the contract.

f. Contractor Identification: Contractor personnel shall wear the Contractor's ID badge at all times with name clearly visible and it shall be consistent with the Contractor’s personnel roster.

8. MEDVAMC Normal Business Hours: MEDVAMC normal business hours are Monday through Friday, from 07:30 AM to 4:00 PM CST (Central Standard Time), excluding the Federal

Holidays as listed below:

• New Year’s Day

• Martin Luther King Jr. Day

• Washington’s Birthday

• Memorial Day

• Juneteenth National Independence Day

• Independence Day

• Labor Day

• Columbus Day

• Veterans Day

• Thanksgiving Day

• Christmas Day

And any other day specifically declared by the President of the United States to be a National holiday.

9. Additional Requirements:

a. Smoking Regulations and Precautions: In accordance with VA smoking policy and FAA regulations, no smoking will be allowed in the aircraft. Contractor shall comply with Federal Aviation Regulation 135.91b which prohibits smoking within 10 feet of oxygen storage and dispensing equipment carried on aircraft.

b. Ambient Control: The aircraft should have the capacity of maintaining the cabin temperature at about 75⁰ Fahrenheit, or as per FAA regulations during all phases of operation.

c. Communication System: The aircraft must have radio capability to communicate air to ground and air to air which meets/exceeds standards of FAA.

d. Unusual Events: Contractor is required to notify the Contracting Officer or his/her designee of any unusual events, including but not limited to accidents or safety problems that occur involving any VA beneficiary being transported under this agreement. This notification will be made within one (1) hour by telephone and, if requested by the VA, a written report of the event will be delivered to the Contracting Officer or his/her designee by close of business the next working day.

e. Aircraft Equipment: All aircraft shall comply with the regulations of the FAA, Federal Aeronautics Regulations (Parts 135/121) and rules and regulations of the state in which Contractor conducts business. Furthermore, all aircraft used in the performance of this agreement must be equipped with functioning two-way radios. Such aircraft must be equipped with all flight instruments required by the Federal Aviation Agency (FAA) regulations for the type of flight operations to be conducted.

Such aircraft must also have the facilities to maintain proper cabin temperatures under all flight conditions.

f. Deviations from FAA Regulations: Deviations from Federal Aviation Administration Regulations shall be reported in accordance with Federal Aviation Administration Regulations Part 91.3 and

135.19. Deviation decisions related to flight safety can only be made by the pilot who must consider the safety of all persons aboard as well as the needs of the patient.

g. Insurance: The Contractor shall obtain all necessary licenses and/or permits, equipment and supplies required to perform this service. The Contractor shall take all reasonable precautions necessary to protect persons and property from injury, damage, and danger during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees as well as for any damage and/or loss of federal, personal, or public property that occurs during the performance of this contract that is caused by his/her employee's fault or negligence and shall maintain personal liability and property damage.

10. Inspection: Prior to the start of the contract, the Government may thoroughly inspect the proposed awardee’s facilities, aircraft, and equipment, to ensure these will ensure acceptable performance of the services being procured. Additionally, if any aircraft and/or equipment is added after the initial inspection, it may also be inspected by the Contracting Officer/COR before being placed in use under the agreement.

11. Applicable Directives:

a. 14 CFR Part 119: Title 14 of the Code of Federal Regulations Part 119, issued by the Federal Aviation Administration (FAA).

b. 14 CFR Part 121: Title 14 of the Code of Federal Regulations Part 121, issued by the Federal

c. 14 CFR Part 135: Title 14 of the Code of Federal Regulations Part 135, issued by the Federal

12. Changes to Contract or PWS: Changes to this PWS or the impending contract shall only be authorized and approved through written correspondence of the CO. A copy of each change shall be kept in a project folder along with all other documents or items pertaining to this project.

Costs incurred by the Contractor through the actions of parties other than the CO shall be borne by the contractor.

13. Invoices: The Contractor shall properly prepare and submit invoices monthly in arrears.

Invoices shall be billed for and reflect only the actual number of flights taken. All invoices shall be electronically submitted to the Department of Veterans Affairs via the Tungsten Network Website.

The Contractor shall furnish the following information to the receiving facility:

a. Contract Number and Purchase/Task Order Number

b. Date of flight and number of nautical miles flown

c. Originating and termination points.

14. Quality Control Plan (QCP): The Contractor shall develop a QCP to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's QCP is the means by which he assures himself that his work complies with the requirement of the contract.

The finalized QCP will be submitted to the Government at the time of the contract award. The

Contracting Officer/COR may notify the Contractor of any required changes to the plan during the period of performance. The Contractor then shall coordinate suggested changes and obtain acceptance of the plan by the Contracting Officer/COR.

Any further changes to the program during the period of performance shall be provided to the Contracting Officer/COR for review no later than 10 working days prior to proposed date of the change.

The QCP shall be subject to the Government's review and approval. The Government may find the QCP "unacceptable" whenever the Contractor's procedures do not accomplish quality control objective(s). The Contractor shall revise the QCP within 10 working days from receipt of notice that QCP is found "unacceptable."

13. Performance Requirements Summary (PRS):

Performance

Objective (Task)

Performance

Standard

Monitoring

Method

Acceptable

Quality Level

(AQL)

Incentive

(Positive/Negative)

Perform Charter Flight

Services on Time

PWS Section 3

By physical inspection and/or customer engagement

Charter Flight Services shall be on-time 95% of the time

Immediate corrective action taken at no additional cost to the Government

Provide the equipment and assistance necessary for the safe onboarding/offboarding of passengers

PWS Section 3 By physical inspection and/or Customer engagement

100% of all validations

Immediate corrective action taken at no additional cost to the Government

Conduct Services and Operations in accordance with FAA Regulations

By physical inspection and/or customer engagement

100% of all validations

Immediate corrective action taken at no additional cost to the Government

Perform Aircraft Maintenance in accordance with FAA Regulations

By inspection of aircraft maintenance inspections logs

Immediate corrective action taken at no additional cost to the Government

Aircraft compliance with FAA Regulations

PWS Section 9 a thru g

By validation of contractor’s submitted aircraft specifications

Immediate corrective action taken at no

Reporting of Unusual

Events

PWS Section 9d

BY COR

validation

95% of all

Immediate corrective action taken at no

(End of PWS)

B.3 Quality Assurance Surveillance Plan

Medical Chartered Flight Services

1. PURPOSE: This Quality Assurance Surveillance Plan (QASP) provides a systematic method to evaluate performance for the stated contract. This QASP explains the following:

• What will be monitored.

• How monitoring will take place.

• Who will conduct the monitoring.

• How monitoring efforts and results will be documented.

This QASP does not detail how the contractor accomplishes the work. Rather, the QASP is created with the premise that the contractor is responsible for management and quality control actions to meet the terms of the contract. It is the Government’s responsibility to be objective, fair, and consistent in evaluating performance.

This QASP is a “living document” and the Government may review and revise it on a regular basis. However, the Government shall coordinate changes with the contractor through contract modification. Copies of the original QASP and revisions shall be provided to the contractor and Government officials implementing surveillance activities.

2. GOVERNMENT ROLES AND RESPONSIBILITIES:

The following personnel shall oversee and coordinate surveillance activities.

a. Contracting Officer (CO) – The CO shall ensure performance of all necessary actions for effective contracting, ensure compliance with the contract terms, and shall safeguard the interests of the United States in the contractual relationship. The CO shall also assure that the contractor receives impartial, fair, and equitable treatment under this contract. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance.

• Assigned Contracting Officer: Steven A. Berkeley, 713-791-1414

• Organization or Agency: Department of Veterans Affairs, Network Contracting

Office (NCO) 16

b. Contracting Officer’s Representative (COR) – The COR is responsible for technical administration of the contract and shall assure proper Government surveillance of the contractor’s performance. The COR shall keep a quality assurance file. The COR is not empowered to make any contractual commitments or to authorize any contractual changes on the Government’s behalf.

• Assigned COR: Lesley Ramirez 713-791-1414 Ext 223933

• Organization or Agency: Department of Veterans Affairs

3. PERFORMANCE STANDARDS

The contractor is responsible for performance of ALL terms and conditions of the contract. CORs will provide contract progress reports quarterly to the CO reflecting performance on this plan and all other aspects of the resultant contract. The performance standards outlined in this QASP shall be used to determine the level of contractor performance in the elements defined.

Performance standards define desired services. The Government performs surveillance to determine if the contractor exceeds, meets or does not meet these standards.

The Government shall use these standards to determine contractor performance and shall compare contractor performance to the standard and assign a rating. At the end of the performance period, these ratings will be used, in part, to establish the past performance of the contractor on the contract.

Number

Section in

PWS

Indicator/Performance

Standard

Standard for

Quality

Level

Acceptable

Quality

Level

Method of

Surveillance

Incentive

1,7a

Contractor shall be licensed by the Federal Aviation Administration.

In addition, the contractor shall ensure assigned pilot personnel.

are fully trained/qualified and licensed.

100%

Periodic

Inspection

Positive

Past

Contractor shall respond and be in flight with the transplant surgeon from Houston, TX within 90 minutes of notification to provide travel to retrieve.

the applicable organ.

Direct

Observation

The Government has the right to inspect the contractor’s premises, maintenance records of aircraft(s), flight logs, and dispatch records being used for the contracted services.

Furthermore, annually, the contractor will provide proof of insurance and copies of any licenses for all staff providing services under this contract

Periodic

Inspection

The Contractor shall submit invoices in arrears accurately and timely (monthly) for all services billed

Direct

Observation

Positive

4. INCENTIVES/RATING STANDARDS: Incentives shall be based on exceeding, meeting, or not meeting performance standards.

5. METHODS OF QA SURVEILLANCE: Various methods exist to monitor performance. The COR shall use the surveillance methods listed below in the administration of this QASP.

a. DIRECT OBSERVATION. 100% surveillance will be monitored by the transplant team during every transplant that requires the services of a medically chartered flight. While 100% compliance is expected, the formal documentation of this surveillance will be conducted quarterly

b. PERIODIC INSPECTION. Inspections scheduled/reported quarterly per COR delegation, or as needed.

6. RATINGS

Metrics and methods are designed to determine if performance exceeds, meets, or does not meet a given standard and acceptable quality level. A rating scale shall be used to determine a positive, neutral, or negative outcome. The following ratings shall be used:

EXCEPTIONAL: Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

VERY GOOD:

Performance meets contractual requirements and exceeds some to the Government’s benefit. The contractual performance of the element or sub-element being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

SATISFACTORY:

Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

MARGINAL:

Performance does not meet some contractual requirements. The contractual performance of the element or sub-element being assessed reflects a serious problem for which the contractor has not yet identified corrective actions. The contractor’s proposed actions appear only marginally effective or were not fully implemented.

UNSATISFACTORY:

Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the element or sub-element being assessed contains serious problem(s) for which the contractor’s corrective actions appear or were ineffective.

7. DOCUMENTING PERFORMANCE

a. The Government shall document positive and/or negative performance. Any report may become a part of the supporting documentation for any contractual action and preparing annual past performance using CONTRACTOR

PERFORMANCE ASSESSMENT REPORT (CPAR).

b. If contractor performance does not meet the Acceptable Quality level, the CO shall inform the contractor. This will normally be in writing unless circumstances necessitate verbal communication. In any case the CO shall document the discussion and place it in the contract file. When the COR and CO determines formal written communication is required, the COR shall prepare a Contract Discrepancy Report (CDR), and present it to the CO. The CO will in turn review and will present to the contractor's program manager for corrective action.

c. The contractor shall acknowledge receipt of the CDR in writing. The CDR will specify if the contractor is required to prepare a corrective action plan to document how the contractor shall correct the unacceptable performance and avoid a recurrence. The CDR will also state how long after receipt the contractor must present this corrective action plan to the CO. The Government shall review the contractor's corrective action plan to determine acceptability.

The CO shall also ensure that the contractor receives impartial, fair, and equitable treatment. The CO is ultimately responsible for the final determination of the adequacy of the contractor’s performance and the acceptability of the Contractor’s corrective action plan. Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.

8. FREQUENCY OF MEASUREMENT

a. Frequency of Measurement.

The frequency of measurement is defined in the contract or otherwise in this document. The government (COR or CO) will periodically analyze whether the frequency of surveillance is appropriate for the work being performed.

b. Frequency of Performance Reporting.

The COR shall communicate with the Contractor and will provide written reports to the Contracting Officer quarterly (or as outlined in the contract or COR delegation) to review Contractor performance.

9. COR AND CONTRACTOR ACKNOWLEDGEMENT OF QASP

Name/Title/Signature – Contractor Date

Lesley Ramirez/Supervisory Program Specialist /Signature – COR Date

B.4 PRICE/COST SCHEDULE

Estimated quantities listed for each Contract Item numbers are estimates of the total requirement for the described service. The Government may place orders at quantities less than the estimated total quantity as stated in the schedule of items. There is no express or implied guarantee that the quantities will be ordered regularly.

This is a five (5) year firm fixed price IDIQ and list overall 5-year period of performance. The Government anticipates issuing a single order covering each ordering period below. Each order or combination of order “may” exceed the ordering period grand total; however, all orders shall not exceed the stated IDIQ maximum.

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

20,000 MI __________________ __________________

Non-scheduled Chartered Passenger Air Transportation - Light Jet (Fixed Wing)

Contract Period: Ordering Year One (1) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 481211 - Nonscheduled Chartered Passenger Air Transportation

PRODUCT/SERVICE CODE: V225 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment:

Ambulance

For the purpose of this contract, the Unit of Measure (MI) is defined as Nautical Miles

Contract Period: Ordering Year Two (2) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 481211 - Nonscheduled Chartered Passenger Air Transportation

PRODUCT/SERVICE CODE: V225 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment:

Ambulance

20,000 MI ____________ ________________

Contract Period: Ordering Year Three (3) POP Begin: TBD POP End: TBD

PRINCIPAL NAICS CODE: 481211 - Nonscheduled Chartered Passenger Air Transportation

PRODUCT/SERVICE CODE: V225 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment:

Ambulance

For the purpose of this contract, the Unit of Measure (MI) is defined

Contract Period: Ordering Year Four (4) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 481211 - Nonscheduled Chartered Passenger Air Transportation

PRODUCT/SERVICE CODE: V225 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment:

Ambulance

Contract Period: Ordering Year Five (5) POP Begin: TBD POP End: TBD PRINCIPAL NAICS CODE: 481211 - Nonscheduled Chartered Passenger Air Transportation

PRODUCT/SERVICE CODE: V225 -

Transportation/Travel/Relocation - Travel/Lodging/Recruitment:

Ambulance

GRAND TOTAL __________________

The Contractor shall provide a price per Nautical Mile (NM), inclusive of all labor, tools, materials, equipment, permits, reports, fuel, travel, personnel, and supervision, required to successfully transport organs from donor sites located outside of the Organ Procurement Organization’s (OPO) service area and back to Houston, TX. The price per NM submitted is based on an estimated annual mileage amount of 20,000 Nautical Miles.

Current ordering period pricing will apply to any extensions exercised in accordance with FAR Clause 52.217-8, Option to Extend Services.

(End of Section B)

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

ANDCOMMERCIAL SERVICES

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-16 PREVENTING PERSONAL CONFLICTS OF INTREST JUN 2020

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLELOWER RIGTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS---COMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

DEC 2022

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS---

MAR 2023

52.217-8 OPTION TO EXTEND SERVICES NOV 1999

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.237-3 CONTINUITY OF SERVICES JAN 1991

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

MAR 2023

(End of Addendum to 52.212-4)

C.2 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.3 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from TBD through TBD.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the

Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor’s email address.

(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.

(End of Clause)

C.4 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 $10,000.00, 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 $660,000.00.

(2) Any order for a combination of items in excess of $3,300,000.00; or

(3) A series of orders from the same ordering office within 15 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 30 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.

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the

Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after TBD.

(End of Clause)

C.6 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC

2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.7 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-

Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

C.8 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

(a) Indemnification. The Contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this contract. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the

Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the

Contractor, and subject to the approval by the Contracting Officer, insurance coverage may be employed as guaranty of indemnification.

(b) Insurance. Satisfactory insurance coverage is a condition precedent to award of this contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers’ compensation and employer’s liability coverage will conform to applicable

State law requirements for the service defined, whereas general liability and automobile liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder.

(End of Clause)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.10 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY

INSURANCE (OCT 2019)

(a) It is expressly agreed and understood that this is a non-personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered including, by example, the Contractor’s or its health-care providers’ professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its healthcare providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence:

* . However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by

State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.

* Amounts are listed below:

(b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all healthcare providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance.

(c) The Contractor shall, prior to commencement of services under the contract, provide to the

Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government’s interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health-care provider who will perform under this contract.

(d) The Contractor shall notify the Contracting Officer within 5 days of becoming aware of a change in insurance providers during the performance period of this contract for all health-care providers performing under this contract. The notification shall provide evidence that the

Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable.

(e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for healthcare services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lowertier subcontractor with the provisions set forth in paragraph (a) of this clause. At least 5 days before the commencement of work by any subcontractor, the Contractor shall furnish to the Contracting Officer evidence of such insurance.

*$1,000,000.00

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

C.12 SUPPLEMENTAL INSURANCE REQUIREMENTS

In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract:

(a) Workers' compensation and employers liability: Contractors are required to comply with applicable

Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least

$100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General Liability: $500,000.00 per occurrences.

(c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage.

(d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.

(End of Clause/End of Section C)

(Area Left Blank Intentionally)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR

ATTACHMENTS

D.1 ATTACHMENT D.1 – PAST PERFORMANCE QUESTIONNAIRE

Reference attachment D.1 Past Performance Questionnaire

D.2 ATTACHMENT D.2 – WAGE DETERMINATION

Reference attachment D.2 Incorporated by reference – 2015-5233 (REV 29) Dec. 22, 2024.

D.3 ATTACHMENT D.3 – HISTORICAL DATA

Reference attachment D.3 Historical Data

(End of Section D)

(Area Left Blank Intentionally)

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

(End of Provision)

FAR

Number

Title Date

52.204-7 SYSTEM FOR AWARD MANAGEMENT NOV 2024

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

AUG 2020

52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

SEP 2023

52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS—NOTICE

AND REPRESENTATION

JUN 2020

852.239-75 INFORMATION AND COMMUNICATION TECHNOLOGY

ACCESSIBILITY NOTICE

FEB 2023

ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICESOFFERORS MUST COMPLETE AND RETURN ALL

INFORMATION DESIGNATED IN THE ADDENDUM TO 52.212-1 INSTRUCTIONS TO

OFFERORS – COMMERCIAL ITEMS PRIOR TO THE TIME SPECIFIED. FAILURE TO

FOLLOW INSTRUCTIONS PROVIDED IN THIS COMBINED SYNOPSIS/SOLICITATION MAY

PRECLUDE THE OFFEROR FROM FURTHER CONSIDERATION OR ELIGIBILITY FOR

CONTRACT AWARD WITH THE GOVERNMENT.

INSTRUCTIONS TO OFFERORS:

1. System for Award Management (SAM): Prospective awardees are required to be registered in SAM.

Offerors are encouraged to go to the SAM database at www.sam.gov and start the registration process as soon as possible to avoid possible delays should the contractor be selected as a prospective awardee. If already register in SAM, contractor must have an active valid SAM registration.