36C26120Q0476-008.docx
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PAGE 1 OF
1. REQUISITION NO.
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NO.
5. SOLICITATION NUMBER
6. SOLICITATION ISSUE DATE
a. NAME
b. TELEPHONE NO. (No Collect Calls)
8. OFFER DUE DATE/LOCAL
TIME
9. ISSUED BY
CODE
10. THIS ACQUISITION IS
UNRESTRICTED OR
SET ASIDE:
% FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS:
SIZE STANDARD:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ
IFB
RFP
15. DELIVER TO
CODE
16. ADMINISTERED BY
CODE
17a. CONTRACTOR/OFFEROR
CODE
FACILITY CODE
18a. PAYMENT WILL BE MADE BY
CODE
TELEPHONE NO.
DUNS:
DUNS+4:
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. 2/2012)
PREVIOUS EDITION IS NOT USABLE
Prescribed by GSA - FAR (48 CFR) 53.212
7. FOR SOLICITATION
INFORMATION CALL:
STANDARD FORM 1449
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
36C26120Q0476 04-23-2020
RICO JOHNSON
916-923-4513 05-18-2020
11:00AM PST
612MCP
Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609
X
621910 $16.5 Million
N/A
VA Northern California Healthcare System 5342 Dudley Blvd., Bldg. 209
McClellan CA 95652
612MCP
Department of Veterans Affairs Department of Veterans Affairs VA Northern California HealthCare System 3230 Peacekeeper Way, Bldg. 209 McClellan CA 95652-1012
Department of Veterans Affairs FMS VA-9(101) Financial Services Center
PO Box 149971 Austin TX 78714-9971
See CONTINUATION Page
AIR AMBULANCE SERVICE FOR VA RENO NEVADA
ALL QUESTIONS MUST BE SUBMITTED BY 12 MAY 2020 AT 11AM PST.
See CONTINUATION Page
RICO L. JOHNSON
CONTRACTING OFFICER
Table of Contents
| SECTION A | 1 |
| A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS | 1 |
| SECTION B - CONTINUATION OF SF 1449 BLOCKS | 3 |
| B.1 CONTRACT ADMINISTRATION DATA | 3 |
| SECTION C - CONTRACT CLAUSES | 17 |
| C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) | 17 |
| C.2 52.216-18 ORDERING (OCT 1995) | 23 |
| C.3 52.216-19 ORDER LIMITATIONS (OCT 1995) | 23 |
| C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995) | 23 |
| C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) | 24 |
| C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) | 24 |
| C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) | 24 |
| C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2018) | 25 |
| C.9 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) | 26 |
| C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) | 26 |
| C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020) ALTERNATE II (AUG 2019) | 27 |
| C.12 MANDATORY WRITTEN DISCLOSURES | 34 |
| SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS | 35 |
| SECTION E - SOLICITATION PROVISIONS | 36 |
| E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) | 36 |
| E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2019) | 43 |
| E.3 52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES—REPRESENTATION (DEC 2019) | 44 |
| E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) | 44 |
| E.5 52.216-1 TYPE OF CONTRACT (APR 1984) | 45 |
| E.6 52.233-2 SERVICE OF PROTEST (SEP 2006) | 45 |
| E.7 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (OCT 2018) | 46 |
| E.8 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018) | 46 |
| E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) | 47 |
| E.10 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) | 47 |
| E.11 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (OCT 2018) | 49 |
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:
b. GOVERNMENT: Contracting Officer 36C261 Department of Veterans Affairs VA Sierra Pacific Network (VISN 21) VA Northern California HealthCare System 5342 Dudley Blvd, Bldg 209 McClellan CA 95652-2609
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, or |
| [] |
| 52.232-36, Payment by Third Party |
3. INVOICES: Invoices shall be submitted in arrears:
| a. Quarterly | [] |
| b. Semi-Annually | [] |
| c. Other | [] |
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.
Department of Veterans Affairs FMS VA-9(101) Financial Services Center
PO Box 149971 Austin TX 78714-9971 ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:
| AMENDMENT NO |
| DATE |
Section B Schedule of Supplies/Services Price Delivery Schedule 654-20-3-131-0022
SEE ATTACHMENT 3 (PRICE DELIVERY SCHEDULE). FILL OUT ATTACHMENT 3 AND SUBMIT AS A STAND-ALONE DOCUMENT.
STATEMENT OF WORK (SOW)
1. CONTRACT TITLE: Ambulance - Air and Ground Transportation
2. GENERAL INFORMATION: This Performance Work Statement (PWS) defines services to provide Air Ambulance (emergent fixed wing or rotary wing) transportation services under a fixed price Indefinite Delivery Indefinite Quantity (IDIQ) contract for the VA Sierra Nevada Health Care System (VASNHCS). Transportation originates at a medical facility in the local area and ends at a medical facility outside the local area. The price should include all legs of transportation including ground ambulance to and from respective airports.
3. DEFINITIONS:
AIR AMBLANCE: Fixed wing aircraft with a compartment that is designed and constructed to afford relative safety and comfort and to avoid aggravation of the patient's condition. The aircraft, compartment, and personnel must meet all applicable federal and state standards for medical air transport.
BASE RATE: Base Rate for Air Ambulance Service includes: Ground transportation, which shall include BLS, ALS, CC-ALS to and from the airport. Appropriate basic medical equipment listed under Basic Medical Equipment that meets or exceeds standards CAMTS. Base rate will include air transportation for up to 300 nautical miles.
ALS: Advanced Life Support.
GROUND AMBULANCE: Vehicles for emergency medical care which provide a driver compartment and a patient compartment that will accommodate emergency personnel and patient, equipment and supplies for emergency care at the scene as well as during transport, and two-way radio communication and equipment for light rescue procedures. The ambulance must be designed and constructed to afford relative safety and comfort and to avoid aggravation of the patient's condition.
AOD: Administrative Officer of the Day. This government employee is the administrative officer in charge during other than normal business hours.
BLS: Basic Life Support.
CCT: Critical Care Transport.
CO/Contracting Officer: The person executing this contract on behalf of the Government and the only person authorized to make changes to the contract.
COR/Contracting Officer Representative: Person or persons authorized to act for the Contracting Officer within the limits of his / her authority.
CHIEF, Business Office: Person or persons authorized to act for the Contracting Officer within the limits of his / her authority in the absence of a COR.
FEDERAL HOLIDAYS: New Year's Day, Martin Luther King Jr. Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Christmas Day, also any day determined by the President of the United States to be a Federal Holiday.
NORMAL BUSINESS HOURS: Normal business hours are defined as Monday thru Friday, 8:00 a.m. to 4:30 p.m. local time.
TRIP: A trip is defined as the distance, "ONE WAY ONLY," over which a beneficiary will be transported. For all one-way trips ordered under this contract, the Contractor shall receive the base rate.
POC: Point of contact.
4. SCOPE:
The purpose of this contract is to provide air and ground transportation as deemed medically necessary for VA Sierra Nevada Healthcare System (VASNHS) enrolled and eligible Veterans to outpatient medical appointments or for inpatient admissions. These appointments and/or admissions are within a mileage range up to 300 miles per one-way trip. The following is a list of most flight plans along with estimated miles but are not limited to just these:
RENO TO SAN FRANCISCO VA (SFO) – 190 miles RENO TO PALO ALTO VA (SJC) – 189 miles RENO TO MATHER (SAC) – 113 miles RENO TO LOS ANGELES VA (LAX) – 392 miles RENO TO SALT LAKE CITY VA (SLC) – 421 miles
5. COMPLIANCE:
All work related to this contract must be performed by the Contractor in accordance with all applicable Federal Aviation Administration (FAA), U.S. Department of Transportation, or Occupational Safety and Health Administration (OSHA) regulations, as well as applicable State health and safety regulations, health care accreditation standards (Joint Commission or equivalent accreditation organization) and standard industry practices as defined by the Association of Air Medical Services for air ambulance transportation. Contractor shall be accredited by the Commission on Accreditation of Medical Transport Systems (CAMTS) or National Accreditation Alliance/Medical Transport Applications (NAAMTA) and provide documentation showing current accreditation.
6. SPECIFIC TASKS:
· Response Time:
Contractor shall respond within thirty (30) minutes of notification twenty-four (24) hours a day, three hundred sixty-five (365) days per year, including all Federal Holidays.
For prescheduled pickups, the Contractor shall be required to furnish the ground ambulance within twenty (20) minutes of the prearranged time.
For unscheduled pickups, the Contractor agrees to have patient(s) transported to the departing airport, prepared, and airborne within 4 hours after the receipt of order or as agreed between the contractor and the authorized VASNHCS requestor. If the Contractor identifies they cannot furnish the services within the time required, they shall notify the government at the time of scheduling, or as soon as possible.
Contractor shall commence the flight within four (4) hours of notification of patient pick-up from the Contracting Officer’s Representative (COR). In the event the contractor cannot begin the flight within this time frame, the VA Sierra Nevada Healthcare System (VASNHS) may contact another Air Ambulance Company to provide the services.
· Ground Ambulance:
The contractor shall coordinate all (origin and destination) ground transportation for VASNHS patients. These services shall be a Department of Transportation (DOT) approved ambulance staffed with appropriately trained medical personnel.
When available, the contractor shall utilize VA contracted ambulance providers, In the event that no VA contracted ambulance providers are available, then the contractor shall coordinate ground ambulance service through local providers.
· Authorization:
Personnel authorized to order service shall make requests for service via telephone. Contractor will be provided with patient’s pick-up and delivery points and vehicle requirements. Only such travel is authorized, and any costs incurred for unauthorized travel, stops, waiting time, etc. shall be the responsibility of the Contractor. Under no circumstances shall orders or changes be accepted by any other party.
VA Ordering Officials by position:
Travel Clerk Transfer Coordinator Administrative Officer of the Day (AOD)
A list of authorized ordering personnel shall be made available upon award of the contract. Employees may be added or deleted from the list during the term of the contract at the discretion of the VASNHS. The contractor shall be notified to such changes as they occur.
· Payments:
Payments shall be based upon one-way direct air mileage (Nautical Mile) (one-way trip is defined as one-way pick-up from the VA hospital) and is computed on the appropriate Sectional Aeronautical Chart prepared by the Coast and Geodetic Survey In case a circuitous route shall be employed by reasons of safety (such as unfavorable terrain or weather), a copy of the flight log showing the reason which necessitated the detour from a directed route, shall be provided to the COR.
Invoices shall be submitted (monthly in arrears) no later than fifteen (15) calendar days following the end of the month in which services are rendered. The invoice must contain the following information:
(1) Contract Number
(2) Purchase Order Number
(3) Date of Service
(4) Time of pick-up
(5) Patient’s Full Name
(6) Last Four Digits of Patient’s Social Security Number
(7) Origination and Destination points
(8) Ground Ambulance Costs (if applicable)
(9) Detailed Documentation of all items used and circumstances
(10) Total Dollar Amounts
All invoices must include a Health Insurance Claim Form OMB-form-1500 (HCFA).
All invoices shall include a fixed base-rate line item & a mileage rate line item. Each line item shall include rate, quantity, description, and line total.
Invoices will be reviewed and reconciled with trip tickets and travel logs. Unauthorized charges will be suspended pending investigation. Unauthorized charges are those that are being disputed or have not been pre-approved by authorized VA personnel. A final determination will be made within 30 days after notifying the Contractor of charges being suspended.
All invoices rendered by the Contractor to VASNHCS for contract services furnished in accordance with this contract shall be in full. Neither the beneficiary nor any other party shall be required to bear the burden of additional payments, surcharges, tip or other gratuity.
Authorized invoices shall be submitted through Tungsten Network (formally OB10) for payments. Invoicing information can be found at http://www.tungsten-network.comius/enheterans-affairs-us/.
· Rates:
For all one-way trips ordered under this contract, the Contractor shall receive the base rate as stated in the price/cost schedule. The "BASE RATE" shall constitute full compensation for ONE-WAY trips up to 300 miles. For all one-way trips exceeding 300 miles the contractor shall receive the base rate as stated in the price/cost schedule plus a per mile fee for every mile over 300 miles.
The government will obtain compensation for late pickups according to the following chart:
| Minutes Late* | Deduction | ||
| 15 to 30 | 25% of trip value** | ||
| 31 to 45 | 50% of trip value** | ||
| 46 to 60 | 75% of trip value** | ||
| 61 to more | Trips shall be at no cost to VA |
*Minutes Late refer to when a team is available or estimated time provided when a team is unavailable.
**Trip value is the total of the basic trip for the scheduled trip.
The Government reserves the right to cancel any patient pick-up due to late response time at any time after the specified or latest pick-up time ordered. Government may employ the services of another source, contracted or non-contracted, for same day service. Contractor will be responsible for all additional costs incurred by the Government if another source is utilized.
The Government will not pay for services under this contract for late response time when such delays are not determined to be excusable by VA.
The Government reserves the right to cancel any patient pick-up.
If the delivery order is cancelled by the Requesting Physician, the Contractor will be paid for actual statute miles traveled at the time of the cancellation, plus the necessary statute miles the Contractor's aircraft must travel to return to its starting location. The return mileage is only reimbursable if the contractor does not have another destination on its flight plan.
DRY RUNS: The contractor shall be reimbursed at the full contract amount for “dry runs” (trips made by the contractor when the VA patient is not available at the scheduled pick-up time). This charge shall not be allowed if the trip is cancelled by the COR (authorized VA personnel) within one (1) hour before the scheduled pick-up time.
· Government’s Minimum Quantity:
The VA attempts to be as accurate as possible when providing estimated quantities; however, actual dollar value quantities may vary from the dollar value quantities as listed in the price schedule. The Government's guaranteed minimum amount to be ordered from this contract is $3,000.00 for the base year and during each option year, if exercised.
· Number and Types of Patients The contractor will transport only one (1) VA patient per trip, unless specifically authorized by the COR and in agreement of the contractor. When more than one VA patient is transported on a trip, reimbursement shall be made at the rate not to exceed the cost of transporting a single VA patient; however, the longest over which a VA patient is transported may be claimed. Under no circumstances shall the VA order the contractor to transport more than two (2) VA patients for any one (1) flight.
The contractor shall not refuse to transport VA patients deemed transportable by VA medical staff.
Contractors shall not be expected to accept any VA patient unless the COR authorizes the flight and informs the contractor regarding any special treatment or care required on route (such as administration of oxygen or medications).
Passengers, such as family members may be carried at the discretion of the pilot in command, providing all applicable FAA regulations are met. There shall be no extra cost to the VA.
The contractor shall transport patient belongings and specialized equipment at no additional charge.
The contractor shall provide at the destination any VA patient mobility devices deemed by the contractor to be to large or heavy for air transport, at no additional charge to the VA.
7. QUALIFICATIONS/DUTIES:
· Contractor Qualification:
The contractor must obtain a State of Nevada Emergency Medical System’s Air Ambulance Transportation Permit per required by Nevada State Senate Bill 285 (SB 285) for Air Ambulance performing emergency response services.
· Driver/Pilot List:
Note: The term “driver” will be interpreted also as “pilot” and applicable and comparable vehicle control license requirements, character, qualifications, training, physical abilities, and behavior, shall be equally applied to aircraft transportation.
Contractor shall provide the COR a complete list of all drivers, utilized for this contract by the fifth day of each month. Updates must be submitted prior to drivers beginning to transport patients.
· Driver/Pilot Qualification:
A record of each employee as to character, qualifications and physical capabilities of performing the duties of ambulance care driver or attendant must be maintained and made available for inspection upon request. Air Ambulance Pilot shall have a valid operator's license in accordance with Federal, State and local government requirements for their place of operation and for the services they perform.
All drivers of said contractor MUST possess a valid state driver’s license. The contractor shall ensure all drivers providing services under this contract will have less than five (5) current points on their driver’s license, none of which were assessed for “Reckless Driving.” VASNHS will be provided copies of driver licenses and may independently verify the driving record of drivers at any time. VASNHS reserves the right to order the removal from service under this contract, any driver who violates the provisions of this section.
· Driver Duties:
Contractor shall ensure its drivers will:
(1) Perform their duties with due regard for the safety, comfort and convenience of customers and their property.
(2) Comply with all applicable Federal and State laws, regulations and licensing requirements, including drug testing.
(3) Have and maintain a current driver’s license, valid in the state in which contractor’s facility is located, with less than five current points, none of which were assessed for “Reckless Driving.”
(4) Contact the Contractor’s dispatcher before leaving the designated location without picking up the customer(s) and when encountering problems such as patient(s) not ready, incorrect addresses or addresses which are inaccessible to wheelchairs.
(5) Drivers will also be required to dress in a professional manner at all times when transporting VA patients. Dress will contain and emblem of the transport company.
(6) No passengers other than the patient and/or their attendant will be allowed in the vehicle during transport
(7) Ensure smoking, eating and/or drinking in vehicles are not permitted by the drivers.
(8) Ensure no playing of audio/visual equipment in vehicles will be allowed without the approval of the patient aboard.
(9) Ensure its personnel comply with 49 Code of Federal Regulations (CFR) Parts 40, 653 and 654 on Substance Abuse Prevention, which are respectively incorporated herein by reference and made part of this contract.
· Driver Conduct:
The following acts are not permissible by drivers, which provide services under this contract or while on VA premises. Violations will be reported to the appropriate law enforcement agency:
(1) Use of intoxicating liquor, narcotics or controlled substances of any kind (excluding doctor prescribed medications which do not impair driver’s driving ability) while on duty or reporting for duty while under the influence.
(2) Smoking and other uses of tobacco while on duty
(3) Carrying of pistols, firearms or concealed weapons
(4) Resorting to physical violence to settle a dispute with a fellow employee, patient(s) or the general public while on duty.
(5) Spitting in prohibited places or other unsanitary, offensive or insensitive practices or behavior
(6) Use of loud, indecent or profane language and/or making threatening or obscene gestures toward customers or other employees.
(7) Stopping for personal business, including use of the restroom facilities, while vehicle is occupied by a passenger. The driver shall not leave the vehicle with the key in the ignition at any time. Patient must be attended at all times by at least one contract staff member
(8) Engaging patient or family member in a verbal confrontation in any attempt to settle a disagreement. Should a disagreement arise, the driver is to contact his dispatcher/supervisor via the radio system
(9) Soliciting or accepting tips from customers, companions or others at any time.
(10) Use of loud music
(11) Lack of security/confidentiality of patient health information (HIPAA violations)
8. CERTIFICATIONS AND INSURANCE:
· Aircraft Certification:
All aircraft shall hold a valid Air Carrier Operating Certificate issued by the Federal Aviation Administration (FAA) for an air operator and provide a copy to the COR. The operations authorized under this certificate shall be such that he/she can perform the services required by this contract. The contractor shall abide by all applicable FAA regulations. Each pilot who performs under this contract shall hold a valid commercial airman’s certificate with the appropriate ratings for the conditions of the flight being undertaken and operate under the air taxi rules for that certificate. The contractor shall comply with all applicable Federal, State and Local Regulation governing the operation of an air ambulance service.
(1) A FAA flight plan shall be filed and used for any aircraft used for air ambulance flight under this contract. Whenever practicable and possible, the pilot shall take advantage of all existing ground and air communication facilities. Before each flight, the pilot shall obtain the latest information relative to weather, airport conditions and navigational facilities and, further, shall be satisfied that all conditions are such that they shall not constitute a hazard. In the event a flight is interrupted short of destination, the contractor shall immediately notify the COR by telephone. When appropriated medical personnel accompanying the flight determine that the patient requires medical attention, the contractor shall obtain authorization from the COR and make the necessary arrangements.
(2) Pilots shall use the “LIFEGUARD” call sign only when time critical medical and emergency operations warrant such service.
· Evidence of Insurance Coverage:
After award of a contract, the contractor shall furnish to the Contracting Officer a certificate of insurance which shall contain an endorsement to the effect that cancellation of, or any material change in the policies which adversely affect the interest of the Government in such insurance cancellation, shall not be effective unless a thirty (30) day written notice of cancellation or change is furnished to the Contracting Officer.
Certification of insurance per contract clause VAAR 852-237-71, VAAR 852.237-7, and VAAR 852.237-70, must be provided to the Contracting Officer no later than 10 days after notification of award, but SHALL BE SUBMITTED PRIOR TO THE START OF WORK.
It shall be the responsibility of the Contractor to provide insurance in the amounts required by law.
Contractor shall resolve patient complaints of damage to personal material. Contractor will be responsible for repair replacement of patient personal property damaged while in the custody of the contractor until delivery and turnover of patient.
9. TRAINING:
The contractor will provide documentation of training on transporting/assisting disabled passengers for all personnel who will be assigned to work performing any transportation for VA patients under this contract. Training shall be in place covering Blood borne Pathogens, Age Related Personal interactions and communication, Body Mechanics, and HIPAA (as stated in Clause 852.273-75 Security Requirements for Unclassified Information Technology Resources). Copies of this documentation of training will be submitted to and held by the COR.
10. OPERATING PRACTICES:
All operations under the contract shall be supervised by competent, trained personnel who adhere to safe practices.
VA patients and accompanying guest shall only board and depart the aircraft when engines are not running. Definite precautions shall be taken to keep passengers and spectators away from aircraft when the power is on.
All contractor facilities, including ramps, ramp areas, buildings, passenger areas, etc., shall be maintained in a clean and orderly condition, free from debris and any accumulation which may constitute an accident or fire hazard. Fences and warning signs shall be provided for public protection against hazards.
No aircraft shall be refueled with the VA patient and accompanying guest on board. If completely unavoidable, all precautions shall include but are not limited to an attendant on watch near the cabin door, a dependable fire extinguisher, and adequate grounding of aircraft, fueling nozzle and fuel truck.
· Reporting Responsibilities:
The Contractor shall furnish an in-flight medical attendant report of the patient's status to the receiving facility. The report should include:
(1) Patient's full name and social security number (whenever possible) — if not possible, explain the reasons.
(2) Time picked up.
(3) Originating and terminating points.
(4) Who called (initiator).
(5) Presenting problem.
(6) Immediate First Aid Measures (bandages, oxygen, restraints, etc.)
(7) State of consciousness.
(8) Blood pressure.
(9) Pulse.
(10) Respiration.
(11) Any other noted symptoms or pertinent information, including vital signs not already described, level of consciousness, drugs administered, and details of therapeutic intervention.
(12) Any unusual circumstances encountered during the flight, including but not limited to inordinate altitudes flown, turbulence, and times associated with these conditions.
All personnel transporting veteran patients should be immunized against influenza, or wear face masks during the influenza season.
· Contractor Aircraft:
(1) Shall comply with all FAA criteria.
(2) All aircraft must be owned or leased by vendor awarded the contract.
(3) Shall provide a climate controlled environment to prevent temperature extremes that would adversely affect patient care.
(4) Shall have an entry that allows loading and unloading without excessive maneuvering of the VA patient and does not compromise functioning of monitoring systems, IV lines, manual or mechanical ventilation.
(5) Shall be configured in such a way that the medical transport personnel have access to the patient in order to begin and maintain both basic and advanced life support.
(6) Shall have interior lighting to ensure adequate observation of the patient. Aircraft cockpit should be capable of being shielded from the light in the patient care area.
(7) Shall provide sufficient isolation from the patient care area to minimize in-flight distractions and interference.
(8) Shall provide an inverter or appropriate power source with sufficient output and outlets to meet the requirement of the complete specialized equipment without compromising the operation of any electrical aircraft equipment.
(9) Shall be configured so all equipment, stretchers and seating allow for rapid and safe transport of the veteran.
(10) Shall be configured so that all equipment and supplies are secured in racks, compartments or straps to meet or exceed all FAA Regulations.
(11) Shall be equipped with sufficient quantities of medical supplies and equipment specific to the type of mission being assigned and adhere to all local and state requirements. VA Medical Centers shall not provide supplies replenishment. These supplies shall include, but are not limited to:
(a) Industry standard medications and disposable medical bandages and supplies.
(b) Airway management equipment including oxygen, mechanical suction, intubation equipment and ventilator support equipment.
(c) Cardiac monitor/defibrillator.
(d) ACLS drugs and therapeutic modalities; or equivalent specific to type of mission assigned.
(e) Other electronic devices deemed necessary to deliver specific patient care for the mission assigned.
Medications/intravenous solutions, dressing, catheterizations kits for specific patients’ needs shall be provided by the VA.
(12) Shall be equipped with sharps disposal container for contaminated needles. Disposal of all contaminated materials from aircraft and/or ambulance shall meet Federal OSHA Guidelines.
(13) Shall be equipped with collection container for soiled and disposable items.
· Medical Equipment and Supplies:
Each piece of linen (including blankets, pillows, sheets) that has come into contact with the patient shall be thoroughly cleaned and if necessary disinfected after each flight. Disposable or single use items may be used but shall be disposed after usage.
(1) Each piece of equipment that has come into contact with the patient shall be properly washed and disinfected after each flight.
(2) Each stretcher pad, mattress, and pillow shall be impervious to moisture.
All hazardous material shall be contained and disposed of in accordance with Federal, State, Local laws, regulations and procedures.
Contractor shall maintain all medical equipment in accordance with manufacturer’s recommendations, be functional at all altitudes and shall not interfere with aircraft avionics. Likewise, aircraft avionics shall not interfere with medical equipment. Adequate records showing maintenance and calibrations shall be kept and presented to the Contracting Officer or COR upon written request.
All communication equipment shall be capable of transmitting and receiving clear and understandable voice communications to and from the base station at a reasonable distance.
All communication equipment shall be maintained in full operating condition and in good repair. Radios on aircraft (as range permits) shall be capable of communicating with the following:
(1) Medical advice and direction
(2) Communication center
(3) Air traffic control
(4) EMS and law enforcement agencies
The aircraft shall be equipped with appropriate survival equipment.
Contractor shall use FAA approved air medical stretchers.
· Flight Crew:
The Contractor shall provide the necessary licenses/certificates, competencies, privilege and credentialing in accordance with applicable State(s) and Federal regulation for each employee that will perform services under this contract.
At a minimum, Flight crew shall consist of three (3) personnel:
(1) One (1) Pilot in command
(a) Pilot(s) shall not be considered as part of the medical crew.
(b) Shall meet or exceed the minimum requirements of the FAA for type of aircraft being used in fulfillment of this contract
(c) Shall follow all FAA flight regulations
(d) Shall be responsible for all in-flight security for the patient and crew.
(2) Designated Flight Nurse (a Flight Physician may be substituted for a Critical Care Nurse) with the following minimum qualifications as required for the mission assigned:
(a) Certified in BLS and ACLS. (Certification by Board of Emergency Nursing (CFRN) is desired.)
(b) Be ventilator certified from an accredited program.
(c) Shall be current on certifications and continuing education.
(3) Medical Flight Attendant with minimum qualifications, education, and certifications of an EMT. An additional Flight Nurse meeting the qualifications as Number 2 above shall meet the requirement.
(4) If VA deems necessary, a VA Doctor or VA Nurse may accompany the VA patient at no additional cost to the VA. This person would be in addition to the required minimal three (3) person flight crew.
(5) Flight Crew shall have access to a program Medical Director to act as a technical advisor to assist the Flight Crew and attending physician in identifying precautions and care while inflight.
· Aircraft Maintenance:
All aircrafts used in the performance of this contract shall be maintained in an air worthy condition in accordance with all applicable FAA regulations by means of an established inspection and maintenance plan. Line inspections shall be performed at least once in twenty-four (24) hours preceding a flight. Aircraft shall be handled exclusively by trained personnel.
Contactor shall own and operate adequate maintenance facilities or shall have a contract with an acceptable shop to perform aircraft maintenance; said contract to provide that maintenance shall be performed as and when required by air taxi operator per FAA regulations.
All ambulance aircraft shall be maintained in clean condition, including cabin interior, windows and aircraft exteriors.
· Smoking:
There shall be no smoking:
(1) Within 10 feet where oxygen is stored, dispensed or is in use.
(2) Aboard aircraft in which VA patients shall be transported
(3) In ground ambulances where VA patients shall be transported
(4) Within 50 feet of any Government building.
(5) In an areas where prohibited by Federal, State, Local ordinances.
· ID Badges All Contractor personnel required to wear identification (ID) badges during the entire time they are on the VA grounds. ID badges shall have an identification picture, name of the individual and the represented company depicted on it.
· Parking It is the responsibility of Contractor personnel to park only in designated parking areas. Parking information is available from the VA Police Service. The VA shall not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstances.
11. CONTRACT CHANGES:
Changes determined by the assigned Contracting Officer to be within the general scope and intent of this contract shall be made in accordance with FAR 52.212-4, Contract Terms and Conditions – (c) Changes, and shall not necessitate a new procurement action.
Changes can only be made by the Contracting Office. Any deviation/changes from this contract by the Contractor shall not be paid nor authorized by the VA.
12. INSPECTION, QUALITY AND PERFORMANCE STANDARDS:
The Contractor will provide a list of all drivers, copies of certifications of operations, a certificate of insurance, and if requested by the COR any copies of maintenance schedules. The COR will review each request for transport and once approved, receive a copy of the rate quote. The COR will maintain each rate quote on a spreadsheet to compare and verify when the invoice is received that the charges are accurate before paying the invoice. The COR will track any patient related issues or complaints, meet with the Contractor to coordinate any respond and answer the issue or complaint timely to ensure quality; if the issue is medical in nature, the COR will seek guidance/review with the Chief of Staff’s office.
The Government has the right to inspect the contractor premises, maintenance records of medical equipment and aircraft(s), flight logs, and dispatch records being used for the contracted services. Furthermore, annually the contractor must provide proof of insurance (see paragraph J.4 and Clauses 852.228-71, 852.237-7, and 852.237-70 for further details on insurance requirements) and copies of any licenses for all staff providing services under this contract upon request of the POC (see also paragraph D).
The last month of each contract year the Contracting Officer will review contract compliance reports submitted by the POC. The review will employ various monitoring methods but will specifically include complaints and timeliness.
Maintain full compliance with Quality Assurance Surveillance Plan (QASP)
13. DELIVERY SCHEDULE:
Within three (3) calendar days of contract award, Contractor shall provide copies of certifications, and qualifications of all the personnel and aircraft involved in the performance of this contract to the Contracting Officer. Included shall be names and telephone numbers of dispatchers. Contactor shall keep the assigned Contracting Officer apprised of any changes to personnel and aircraft throughout the life of this contract.
Contractor shall provide monthly, quarterly, and/or annual Usage Reports to the Contracting Officer or COR upon written request at any time throughout the life of this contract. Information may be requested includes:
(1) Patient Last Name, First Initial
(2) Patient Social Security Number, last four digits
(3) Date of Flight
(4) Origin of Flight
(5) Destination of flight
(6) Total Nautical miles
(7) Amount invoiced, per patient for Nautical Miles
(8) Timeframe and Total amount invoiced, per patient Page 1 of Page 1 of
SECTION C - CONTRACT CLAUSES
C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.—
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination.
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