36C26024R0088.docx

36C26024R0088

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

10-10-2024 Krystal Weeks 253-209-3726 11-22-2024

2:00 PM

PST

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

X

481211 1500 Employees

N/A

Department of Veterans Affairs To be determined at the Task Order level

36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

Department of Veterans Affairs

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page The Department of Veterans Affairs seeks to establish five (5) Indefinite Delivery Indefinite Quantity (IDIQ) contracts to provide Air Ambulance Broker services.

See Performance Work Statement (PWS) for description of the requirement. See Section E for specific instructions regarding proposal submittals.

This solicitation is 100% set-aside for small business concerns.

The minimum guarantee of the contract(s) is $17,500.00

See CONTINUATION Page

Table of Contents

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: TBD

b. GOVERNMENT: Contracting Officer 36C260 NCO 20 Network Contracting Office

ATTN: V4CONT

1601 E. Fourth Plain Blvd Bldg.17, Suite B428 Vancouver WA 98661

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted 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.

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

Page 1 of Page 1 of

B.2 PERFORMANCE WORK STATEMENT (PWS)

1.0 Objective: The purpose of this Indefinite Delivery/Indefinite Quantity (IDIQ) contract is to furnish Air Ambulance Broker Services for VHA beneficiaries in the United States. The Contractor will arrange air ambulance service twenty-four (24) hours per day, seven (7) days per week, including all holidays for beneficiaries of the VA.

1.1 This solicitation only covers scheduled air ambulance transports and does not include air ambulance services ordered by other than VA sources.

1.2 For this IDIQ, patients shall be transported by Air Transport only if the patient requires Advanced Life Support (ALS) or the physician designates a patient as a critical care transport. The contractor shall require that a minimum of two medical personnel, licensed according to state or national requirements, provide direct patient care during transport in accordance with the standards of the Commission on Accreditation of Medical Transport System (CAMTS) and Medical Transport and Medical Escort Accreditation (NAAMTA Global). 1.3 The Government’s intent is to establish a multiple-award contracts with air transportation brokers (or prime contractors with large operator networks) who can leverage multiple air ambulance assets nationwide. The brokers, or prime contractors, should be well positioned to deliver assets to move patients in the quickest time possible. The IDIQs will establish a price schedule, which allow participating Veterans Affairs Healthcare System transportation centers to easily order services when needed.

2.0 Performance Requirements: Contractor shall arrange Air Ambulance Services for the beneficiaries of VHA. Services are required for the entire Contiguous United States (CONUS), Alaska, Puerto Rico, Hawaii, American Samoa, Guam, Saipan, the Philippines, and US Virgin Islands. Air ambulance flights are expected to be one-way trips to an authorized facility, though may be roundtrip (subject to subsequent medical considerations and VA authorization) for an authorized beneficiary.

2.1 Number and Type of Patient: The Contractor shall ensure that only one patient will be transported per trip unless specifically pre-approved by the Government. The Government may, in the interest of the patient, request the Contractor’s arrangements include a relative to accompany the patient at no additional charge to the Government.

2.2. The VA defines air ambulance as either On Demand or Standard. On Demand requirements are for requirements designated as a higher priority than those otherwise designated as Standard.

2.2.1 On Demand Response: The broker/contractor shall be required to establish and provide air ambulance arrangements within sixty (60) minutes of order by the VA.

2.2.1 Standard Response Time: The broker/contractor shall be required to establish and provide air ambulance arrangements within ninety (90) minutes of order by the VA.

2.3. Waiting Time: For time spent waiting at either end or both ends of a trip due to causes beyond the operator’s control that exceed thirty (30) minutes of the scheduled transport time, the Contractor will be reimbursed at the hourly rate established in the price schedule in thirty (30) minute increments. If the pickup is other than at the VA Medical Center, the Contractor will call the Patient Transportation Coordinator or Medical Administrative Assistant on duty as soon as possible if they anticipate a delay may develop for which they expect to claim reimbursement. This call is only for the purpose of verifying arrival time at the pickup point and is not necessary if the Contractor anticipates no delay for which they will claim reimbursement.

2.4. Patient Medical Records:

The contractor shall maintain for a period of five (5) years, a record of each air ambulance operation, including but not limited to the following:

(1) Patient’s name.

(2) Date of flight.

(3) Diagnosis.

(4) Originating and termination points and patient’s condition upon departure and arrival.

(5) An in-flight medical attendant’s report of the patient’s status, including vital signs, level of consciousness, drugs administered, and details of therapeutic intervention. (These notes can be vitally important to those who must provide subsequent care.)

(6) Unusual circumstances encountered during the flight, including inordinate altitudes flown, turbulence, times associated with these abnormal conditions, or other abnormal conditions, etc.

2.5. Operational Requirements:

2.5.1. Within three (3) business days after notification of award, the successful offeror shall supply certifications, competencies, and qualifications with a list of all the personnel and their titles that will be involved in the performance of the resulting contract. Also included must be the names and telephone number to dispatcher/fax.

2.5.2 The Contractor shall require air ambulance operators adhere to all applicable federal safety regulations.

2.5.3. The contractor shall require operators to staff each air ambulance with an aircrew consisting of at least the minimum standard personnel required by the Commission on Accreditation of Medical Transport System (CAMPS) criteria.

2.6. Communications:

2.6.1. As a minimum, the Contractor shall keep the Government up to date with changes to the ETA (Estimated Time of Arrival) and flight plan. If deviations to the flight plan are required due to unexpected conditions, the Contractor shall inform the Government as soon as practicable.

2.7 All work related to this contract shall 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.

2.8 The solicitation and subsequent contact include FAR 52.222-41, Service Contract Labor Standards (SCLS). The Offeror and resultant contract awardee, by signing the offer and contract, is acknowledging they have reviewed the clause and will fully comply throughout the contract period. It is the responsibility of the Contractor to determine and pay the appropriate prevailing wage rate and fringe benefits for the location. The Government will not be held responsible for any mistakes in applying the SCLS.

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

Employee coverage does not depend on form of employment contract. The Act, in section 8(b), makes it plain that the coverage of service employees depends on whether their work for the contractor or subcontractor on a covered contract is that of a service employee as defined in section 8(b) and not on any contractual relationship that may be alleged to exist between the contractor or subcontractor and such persons. In other words, any person, except those discussed in §4.156 below, who performs work called for by a contract or that portion of a contract subject to the Act is, per se, a service employee. Thus, for example, a person's status as an “owner-operator” or an “independent contractor” is immaterial in determining coverage under the Act and all such persons performing the work of service employees must be compensated in accordance with the Act's requirements.

3.0 Term of Agreement: This will be a firm fixed price IDIQ. This agreement shall be effective for the term of the Contract including additional extensions.

3.1 Non-Personal Services: The Government will neither supervise contractor employees nor control the method by which the contractor performs the required tasks. Under no circumstances will 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.

3.2 Contract Administration and Management:

3.2.1 The CO is responsible for the administration of this IDIQ. The CO is the only individual authorized to take actions on behalf of the Government, which may result in changes in the contract terms. Communications pertaining to contractual matters shall be addressed to the CO. No changes in or deviation from the scope of work shall be affected without a written modification to the contract executed by the CO. No statements made by any individual other than the CO will constitute a change to the terms and conditions of the contract.

3.2.2 Designation of Contracting Officer Representative (COR) - The CO will appoint a Contracting Officer Representative (COR) to perform tasks related to the execution and surveillance of this contract. The COR will be designated to represent the CO in furnishing technical guidance and advice under this contract. The foregoing is not to be construed as authorization to interpret or furnish advice and information to Contractor relative to the financial or legal aspect of the contract. Those matters are the responsibility of the CO and will not be delegated.

3.2.3 The Contractor will receive a copy of the Delegation Letter which will identify the COR appointed by the CO. The Contracting Officer Representative (COR) will be included on all communications between the contractor and the Contracting Officer, and the COR shall be responsible for the validation/reconciliation of claims and authorization for payment.

3.3. Task Order Procedures:

3.3.1 Ordering officers (OOs) will be authorized to place orders under this contract. Fulfilling orders from persons other than the CO or OO may result in loss or delay in payment for supplies/services provided under such orders. Orders will be placed via VetRide Vendor Portal or other VA approved ordering method. All requests for services made during normal business hours will be made via the VetRide Vendor Portal or VA-Initiated software. If necessary due to exigent circumstances, requests may be made by telephone. If the request is made by telephone, written documentation of the request and response and response time will be provided to the Mobility Manager or the VA Transportation Coordinator within the first three (3) hours of the next business day.

3.3.2 An authorization number will be provided to the Contractor at the time the order is placed or within 48 hours of transport. A unique authorization number will be used for each trip. The Contractor will commence the flight at the scheduled times unless prevented from doing so by conditions outside of the contractor’s control (weather, national emergency, etc.) in which case the contractor must immediately notify the OO or designee.

3.3.3 Medical orders and a travel authority will be issued to the contractor upon patient pick-up. The Contractor shall deliver the transfer paperwork to the receiving facility.

3.3.4 Orders, requests, or changes to transportation requests will only be made by authorized VA officials as specified by the VA. Under no circumstances is there to be any deviation on request of any other party. In addition, no deviation will be made by the Contractor.

3.3.5 The contractor will be provided with a list of individuals authorized to request transportation services. Individuals not on this list are not authorized to order services. The Government will not be responsible for persons requesting services who are not on the list. When COs appoint OOs after award, the CO will furnish the contractor with an updated list of individual OOs authorized to place orders against the contract or agreement. OOs may not negotiate contract terms and conditions, determine price reasonableness, or determine best value. OOs are responsible for issuing and administering orders placed under the contract or agreement identified in the appointment letter. OOs do not have authority to modify any of the terms and conditions in the contract or agreement.

3.3.6 The contractor shall accept orders against the contract or agreement only from the CO or authorized OOs. The Government is not obligated to pay invoices resulting from orders placed by persons other than the CO or OO.

3.3.7 Payment will be based upon a base rate plus mileage. The Contractor shall arrange for the most direct route given weather and other factors. If a flight plan must change due to conditions outside the control of the Contractor, a new flight log shall be provided with an explanation of the change.

4.0 Required Insurance and Liability Coverage: The Government is not liable for any bodily injury, property damage, or hull damage expense during the performance of this contract.

5.0 Additional Requirements:

5.1 VetRide or VA-Initiated Transportation Software Utilization and Invoicing:

The Contractor agrees to utilize the VetRide Vendor Portal and Vendor Pass or VA-Initiated Transportation Software with every patient transported under this contract.

Department of Veteran Affairs will provide access to the VetRide Vendor Portal or VA-Initiated Transportation Software for the vendor/contractor in this contract.

The Contractor will utilize the VetRide Vendor Portal or VA-Initiated Transportation Software fully as instructed:

a) Receive and respond to electronic trip requests.

b) Receive, use, and ensure the use of the Vendor pass by the dispatcher and aircrew.

c) Submit claims via the electronic HCFA 1500 in the VetRide Vendor Portal or VA-Initiated Transportation Software system.

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

i. The contractor’s invoice must be on the HCFA 1500 to include:

ii. Contract Number

iii. Date of Service (to include Box 24 A-J)

iv. Authorization number(s)

v. Pick-up and drop-off location of the patient

vi. Base Rate

vii. Name (Last, First and Middle Initial (if any)) and Full Social Security number (Box 1a) of patient transported

viii. Date of Birth and Sex

ix. Diagnosis Codes or Nature of Illness or Injury

x. Documentation of circumstances when billing for waiting time

xi. Any miscellaneous charges for which the contractor is expecting reimbursement i.e., Tool charges, waiting time, etc.

xii. VA authorizing official’s name

xiii. Healthcare Procedure Coding System/National Level II (HCPCS)

e) An invoice with unauthorized charges will be rejected by the Contracting Officer Representative (COR). Unauthorized charges are those that have not been pre-approved by authorized VA personnel. Supporting documentation may be provided and submitted for payment consideration.

f) Unauthorized charges will be reviewed by the Contracting Officer Representative (COR) as to the validity of the charges and as to whether the payment will be made. A final determination will be made within 30 days after notifying the Contractor of the charges, which are being suspended.

Payment by VA under this contract to the Contractor for services ordered under this contract extinguishes any and all liability on the part of the VA and the patients for the transportation or the medical care received during transport.

The Contractor shall ensure that neither VA patients, their families, third party insurers, Medicare, nor Medicaid are billed for the services performed under this contract.

Upon Notification of the contracting officer, the vendor must receive training and begin implementation of invoices via VetRide Vendor Portal within 30 days.

VetRide Invoice Deliverables: The contractor’s invoice must be on the HCFA 1500 to include:

(A) Contract Number and Purchase Order Number

(B) Date of flight and number of statute miles flown

(C) Authorization number(s)per order

(D) Pick-up and drop-off location of the patient

(E) Flight Rate per contract

(F) Name and phone number of the authorized ordering officer and facility.

(G) Originating and termination points.

(H) Name and social security number of each patient.

(I) Name(s) of ambulance companies providing ground transportation.

(J) An in-flight medical attendant’s report of the patient’s status, including vital signs, level of consciousness, drugs administered, details of therapeutic intervention, and the names and qualifications of all attendants working under the delivery order.

(K) Any unusual circumstances encountered during the flight, including, but not limited to, inordinate altitudes flown, turbulence, and times associated with these abnormal conditions.

(L) Documentation of circumstances when billing for waiting time

(M) Healthcare Procedure Coding System/National Level II (HCPCS)

5.2 A transportation request is defined as one incidence of a request for one-way Air-Ambulance service. No more than one patient will be transported per order unless approved by an authorized VA staff. Transportation requests will be made through VetRide or VA-Initiated Transportation Software Utilization. Contractors must have the capability to receive orders, update ride status, and input trip costs and other required data through this portal. Contractors must have dedicated staff available to monitor this portal 24/7. Travel Program Staff/authorized VA employees will be available to assist with account setup and training for the Contractor’s Staff. In the event VetRide or other VA-Initiated Transportation Software Utilization is down, other methods of communication (i.e., telephone, facsimile) will be used to place Transportation requests.

5.3 Travel Program Staff/or authorized VA employees will work with the Contractor the following business day to reconcile any transportation requests that were placed outside of VetRide or VA-Initiated Transportation Software Utilization.

5.4 The Contractor must update VetRide or VA-Initiated Transportation Software Utilization with any data and/or notes in real time that deviate from the original order such as invoicing for additional mileage due to a road closure, wait time, reason for no load, etc. Travel Program Staff/or authorized VA employees may place a “hold” on payment of this order until it has been reconciled.

5.5 Only the following VA staff are authorized to place, cancel, or make changes to transportation requests:

Contracting Officer’s Representative (COR)

The Contracting Officer will furnish the Contractor with the names of individuals above, who are authorized as Ordering Officers, by separate memorandum upon issuance of the contract. The Contracting Officer will update this list throughout the life of the contract as Ordering Officers change.

Ordering Officers are responsible for issuing and administering orders placed under this contract. Ordering Officers have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the Contracting Officer responsible for this contract. The Contractor shall accept orders against this contract only from the Contracting Officer and/or authorized ordering officers. Fulfilling orders from persons other than the Contracting Officer or ordering officer may result in loss or delay in payment for supplies/services provided under such orders.

Non-authorized VA employees and private agencies (e.g., nursing homes) are not considered authorized to place transportation requests.

6.0 Infection Control Requirements

6.1 Health tests. Health tests apply to any contractor or subcontractor personnel who will be performing the contract and have contact with patients. Contractor attests that any personnel with contact with patients have fulfilled all testing and screening requirements as described below prior to first duty shift. Evaluations and tests shall be current within the past year, except as noted. At the VA’s request, Contractor shall provide proof that all requirements are current and fully met as described within 2 business days of request.

6.2 Tuberculosis Screening and Testing.

6.2.1 If indicated for an operational area according to Centers for Disease Control and Prevention’s (CDC) updated Tuberculosis Screening, Testing, and Treatment of U.S. Health Care Personnel: Recommendations from the National Tuberculosis Controllers Association and CDC, 2019, with previous documented positive Purified Protein Derivative (PPD) test results: All Contractor personnel shall provide a note from their physician, dated within the past three months stating they are free of any signs and symptoms of tuberculosis. This evaluation will be renewed annually.

6.2.2 For those with previously negative PPD skin test results: All Contractor personnel shall provide proof of a negative reaction to PPD testing, performed in accordance with the latest CDC standards and CDHC/California Tuberculosis Controllers Association guidelines, within the past 6 months. This test shall be renewed annually.

6.2.3 For PPD skin converters (a change from a previously negative skin test to positive; defined as an increase in duration of 10mm or more with 2 years): An evaluation from their physician within 30 days of the positive test stating they are free from signs/symptoms of TB and indicating whether prophylactic treatment is indicated. If treatment is indicated, a note from the physician stating it was satisfactorily completed.

6.2.4 Rubella Testing. All Contractor personnel shall provide proof of immunization for measles, mumps, rubella, or a rubella titer of 1.8 or greater. If the titer is less than 1.8, a rubella immunization shall be administered with a follow-up documentation provided to the COR.

6.2.4.1 Varicella (Chicken Pox) Testing. Provide a history of Varicella or vaccination or if unknown, titer results.

7.0 Security Requirements:

7.1. 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. Service contractor is expected to perform functions that may require access to VA sensitive information. In the course of providing services, it will be necessary for the service contractor to, view and receive protected health information (PHI), and personnel identifiable information (PII).

7.2. 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.

7.2.1 A prohibition on unauthorized disclosure: “Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor 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’ See VA Handbook 65006, Appendix C, paragraph 3.a.

7.2.2 A requirement for data breach notification: Upon discovery 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, the contractor/subcontractor shall immediately and simultaneously notify the COTR, the designated Information System Security Officer (ISSO), and Privacy Officer (PO) for the contract. 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. See VA Handbook 6500.6, Appendix C, paragraph G.

7.2.3 A requirement for annual security/privacy awareness training: ‘Before being granted access to VA information, all contractor employees and subcontractor employees requiring such access shall complete on an annual basis either:

(i) the VA security/privacy awareness training (contains VA’s security/privacy requirements) within 1 week of the initiation of the contract, or

(ii) security awareness training provided or arranged by the contractor that conforms to VA’s security) privacy requirements as delineated in the hard copy of the VA security awareness training provided to the contractor. If the contractor provides their own training that conforms to VA’s requirements, they will provide the COTR or CC, a yearly report (due annually on the date of the contract initiation) stating that all applicable employees involved in VA’s contract have received their annual security/privacy training that meets VA’S requirements and the total number of employees trained. See VA Handbook 6500.6, Appendix C, paragraph 9.

7.2.4 A requirement to sign VA’s Rules of Behavior: “Before being granted access to VA information, all contractor employees and subcontractor employees requiring such access shall sign on an annual basis an acknowledgment that they have read, understand, and agree to abide by VA’s Contractor Rules of Behavior which is attached to this contract.” See VA Handbook 6500.6, Appendix C, paragraph 9, Appendix D, note: If the vendor anticipates that the services under the contract will be performed by 10 or more individuals, the Contractor Rules of Behavior may be signed by the vendor’s designated representative. The contract must reflect by signing the Rules of Behavior on behalf of the vendor that the designated representative agrees to ensure that all such individuals review and understand the Contractor Rules of Behavior when accessing VA’s information. 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.

8.0 VA Information Custodial Language:

8.1. 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).

8.2. 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 onsite 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.

8.3. 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.

8.4. 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.

8.5. 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.

8.6. 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.

8.7. 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.

8.8. 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.

8.9. 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.

9.0 Security Incident Investigation:

9.1 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 ISSO 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.

9.2 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.

9.3 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.

9.4 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.

10. Liquidated Damages for Data Breach:

10.1. 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.

10.2. 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.

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

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

(3) Number of individuals affected or potentially affected.

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

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

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

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

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

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

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

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

10.4 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 the affected individuals consisting of the following:

(1) Notification.

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

(3) Data breach analysis.

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

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

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

11. Security Controls Compliance Testing:

On a periodic basis, the VA, including the Office of Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With 10 working days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location wherein VA information is processed or stored, or information systems are developed, operated, maintained, or used on behalf of VA, including those initiated by the Office of Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA in the event of a security incident or at any other time.

12. Training:

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

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

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

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

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

12.3. 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.

13.0 Contractor Performance Assessment Rating System (CPARS)

Required Registration with Contractor Performance Assessment Rating System (CPARS)

13.1 As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $1,000,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database. The CPARS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal Agencies.

13.2 Each contractor whose contract award is estimated to exceed $1,000,000 is required to register with the Contractor Performance Assessment Rating System (CPARS) database at the following https://www.cpars.gov/ or by calling (207) 438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

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

13.4 Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

DEFINITIONS: As used in this subpart, the following definitions apply to both land and water (hereafter collectively referred to as “ground”) ambulance services and to air ambulance services unless otherwise specified:

Air Ambulance means any rotor or fixed wing aircraft specially constructed, modified or equipped, and used for the primary purposes of responding to emergency calls and transporting critically ill or injured patients whose medical flight crew has a minimum of two (2) attendants certified in advance life support.

Contracting Officer (CO) The person executing this contract on behalf of the Government and the only person authorized to make changes to the contract.

Contracting Officer Representative (COR) Person or persons authorized to act for the Contracting Officer within the limits of his / her authority.

Ordering Officer - VA official authorized to order supplies and services against a FAR-based contract or agreement in accordance with the ordering limits identified in the contract or agreement or the specific ordering guide in accordance with 801.601(b).

B.3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP):

QASP is a systematic method used by the Government to evaluate Contractor’s actions and performance based on Performance Work Statement (PWS) requirements. The QASP is designed to provide an effective method of monitoring contractor performance for each listed objective on the PWS. A QASP is based on the premise the Government desires to maintain a quality standard in providing air ambulance services.

For the tasks listed in the Quality Assurance Surveillance Plan (QASP) below, the COR will follow the methods of surveillance in this contract.

When a required service in the QASP indicates…