36C26219R0102-001.docx

36C26219R0102

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

664-19-3-1262-0028 36C26219R0102 06-2 -2019 Imelda Martinez 562-766-2250 07-31-2019

10:00 AM PDT

36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815 X X 485991 $15 Million X N/A X 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach, CA 90815 36C262 Department of Veterans Affairs Network Contracting Office 22 4811 Airport Plaza Drive Suite 600 Long Beach CA 90815

Contractor shal bill in arrears bi-weekly to:

tungsten Network http://www.tungsten-network.com/us/

877-489-6135 See CONTINUATION Page Gurney Van Transportation Services for VA San Diego Healthcare System.

Set-aside for Service Disabled Veteran Owned Small Business See Subsequent pages for details.

See CONTINUATION Page X X X Imelda Martinez Contracting Officer Table of Contents

SECTION B - CONTRACT ADMINISTRATION DATA

B.1 CONTRACT ADMINISTRATION DATA

1. CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

b. GOVERNMENT: Department of Veterans Affairs – 36C262

4811 Airport Plaza Drive, Suite 600 Long Beach, CA 90815

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

[X] 52.232-34, Payment by Electronic Funds Transfer - Other than System for Award Management System, or

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

4. GOVERNMENT INVOICE INFORMATION: All invoices from the contractor shall be submitted electronically through the Tungsten Network System to:

Department of Veterans Affairs Financial Services Center www.tungsten-network.com

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

6. DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER:

In accordance with FAR Provision 52.212-1 paragraph (j), please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:

DUNS# ____ ____ - ____ ____ ____ - ____ ____ ____ ____

B.2 SCHEDULE OF SERVICES AND PRICES

This is an indefinite delivery, indefinite quantity (IDIQ) fixed-price contract. Prices in this schedule represent an all-inclusive rate including labor, incidental costs, overhead and insurance premium payments for applicable insurance coverage. Costs not incorporated into the contractor’s price will not be reimbursed by the Government.

The Contractor shall provide Gurney Van Transportation Service for Veteran beneficiaries (patients) for the VA San Diego Healthcare System (VASDHS) located at 3350 La Jolla Village Drive, San Diego, CA 92161 and participating VASDHS clinics.

The period of performance shall be for one base year with the Government having the option to exercise four (4) one-year option periods.

NOTE: The guaranteed minimum amount for this contract is $100.00. The maximum aggregate value of the orders that can be placed under this contract is $1,600,000.00. The Government does not guarantee that it will place any orders under this contract in excess of the guaranteed minimum amount.

The previous option year pricing will apply to any extension pursuant to FAR 52.217-8.

BASE YEAR: OCTOBER 1, 2019 THROUGH SEPTEMBER 30, 2020

Base rate within twenty (20) mile radius Trips

VA Approved Waiting Time (Billable in 15 minute increments after the first 15 minutes) 15 Mins

OPTION YEAR ONE: OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2021

ITEM NO.

DESCRIPTION

UNIT

UNIT

PRICE

Trips

15 Mins

OPTION YEAR TWO: OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2022

ITEM NO.

UNIT

Trips

15 Mins

OPTION YEAR THREE: OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023

ITEM NO.

UNIT

Trips

15 Mins

OPTION YEAR FOUR: OCTOBER 1, 2023 THROUGH SEPTEMBER 30, 2024

ITEM NO.

UNIT

Trips

15 Mins

B.3 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT AND REQUIREMENTS

1. GENERAL PROCEDURE:

The Contractor shall be required to provide Gurney Van Transportation Services to Veteran beneficiaries (Patients) for the VASDHS on a twenty-four (24) hour a day, seven (7) days on a weekly basis including holidays as requested by the Government.

The Contractor shall be required to have a dispatch center(s) and vehicle management site located within a twenty-five (25) mile radius of VASDHS at the time the contract proposal is submitted.

Contractor shall be required to have a license to operate in the counties of San Diego, Los Angeles, San Bernardino, Riverside, and Ventura including the surrounding incorporated cites. Since there are occasions when the transportation services may be required in Kern, Santa Barbara, San Luis Obispo and other counties of California, Arizona and Nevada, the Contractor must have the capability to acquire license and/or permits to perform the required services in these counties.

All services shall be performed FOB Destination from the designated pick-up point to drop-off location which may include the main VA San Diego Medical Center and any VA Clinic or Center of VASDHS or other designated locations (i.e. nursing homes, airport, other medical facilities, etc.) including delivery to specific rooms within a building if so specified.

The Government shall have the option to designate other locations for pick-up and/or drop-off as deemed necessary including Veteran’s home, nursing homes and/or other medical facilities.

2. ORDERS:

Requests for services shall be made by the VA Beneficiary Travel Office and a schedule of the next day transports shall be provided to the Contractor no later than 4:00 PM local time one business day prior. Additional patients may be added on or cancelled within a 4-hour notice to the on-site Dispatcher or the Contractor’s Dispatch Center. Cancellations within a 4-hour notice shall not be charged to the Government. For patients added on to the schedule, the VA Beneficiary Travel Office shall be required to provide the following information:

3. PARTICIPATING COMMUNITY BASED OUTPATIENT CLINICS (CBOCs):

The following are the addresses of the participating clinics where patient transport services shall be needed in addition to VASDHS:

Mission Valley Outpatient Clinic 8810 Rio San Diego Drive San Diego, CA 92108

Sorrento Valley CBOC 14055 Sorrento Valley Road San Diego, CA 92121

Escondido CBOC 815 Pennsylvania Avenue Escondido, CA 92026

Chula Vista (Southbay) CBOC 865 3rd Avenue Chula Vista, CA 91910

VA Clinic - Imperial Valley 1115 South Fourth Street El Centro, CA 92243

VA Clinic - Oceanside 1300 Rancho Del Oro Road Oceanside, CA 92056

NOTE: Within the performance period of the resulting contract, the Government shall have the option to add or drop facilities as deemed necessary by VASDHS.

4. TYPES OF PATIENTS TO TRANSPORT:

VA beneficiaries requiring transport may have multiple medical conditions and who require lie down transport to or from the designated pick-up point to drop-off location. In addition, some patients may have oxygen bottles or in portable carriers that required to be transported with the patient but require no administration of oxygen or IV’s by Contractor personnel.

5. CONSTANT WATCH PATIENTS:

Constant watch patients are from community facilities that are designated to require continuous observation by an attendant. Some constant watch patients are transported via gurney vans. These patients have been determined to be an elopement risk, a wanderer, hostile (verbal or physical) or confused. Patients may require an additional attendant observing and shall be identified at the time services are ordered. In the event constant watch patient transportation requires a higher level of transport than initially ordered, VA Beneficiary Travel Office shall be contacted immediately, and authorization obtained to provide the level required. Contractor personnel must be proficient in the handling, in a safe and courteous manner, a constant watch patient. Constant watch patient shall be left at delivery point only with a responsible party designated at time of order. Patients shall not be left unattended and shall be turned over to designated party at drop-off location. The designated or responsible party shall be identified by VASDHS at time of placing the order if deemed necessary.

In cases of patients with dementia or other cognitive impairment and the need for mandatory escort has been identified by the VA, the Veteran’s family, caregiver, or caregiving facility shall be required to provide an escort consisting of a legal adult mentally and physically capable of serving as escort. The escort shall be required to be in the van with the Veteran and remain with the Veteran at all times. The escort shall not follow behind the van in a separate vehicle and shall not meet the Veteran at the destination. In any instances in which these specific requirements cannot be fully met, the driver will immediately notify the VA Beneficiary Travel Office or the Administrator Officer of the Day (AOD) by phone before proceeding further.

6. AUXILLIARY SERVICE:

Contractor shall be required to transport including, but not limited to, patient’s luggage, medical records, medication, comfort items, adaptive devices and/or medical equipment from pick-up point to destination at no additional cost to the Government. Luggage to be transported shall be restricted to suitcase and valise type.

7. NORMAL HOURS OF SERVICE:

The Contractor shall be required to provide services as listed in the Schedule on a twenty-four (24) hour, seven (7) day a week schedule inclusive of holidays

Contractor shall provide a dispatcher on site at the VASDHS Monday through Saturday from 7:30 am – 4:30 pm daily, excluding holidays. Working hours for the dispatcher may be adjusted by the VASDHS with one week’s notice to the Contractor.

8. NATIONAL HOLIDAYS:

In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following national holidays are observed and for the purpose of this contract are defined as “Legal Federal official holidays”:

When a holiday falls on a Sunday, the following Monday will be observed as a National Holiday. When a holiday falls on a Saturday, the preceding Friday is observed as a National Holiday by U.S. Government Agencies. Also included would be any day specifically declared by the President of the United States of America as a National holiday.

9. FAILURE TO PROVIDE SERVICES:

In the event the Contractor is unable or fails to perform any required patient transport, the Government reserves the right to obtain services from another source and charge the Contractor with any excess costs. The VA shall be the sole judge in determining when to order service from another source when the Contractor fails to perform. The Contractor shall be required to have adequate equipment and personnel to perform the estimated volumes as indicated in the Schedule. NOTE: The trip tickets shall assist in resolving discrepancies in transports prior to billing.

Subcontracting is prohibited without the express agreement of the Contracting Officer.

10. AUTHORIZED SERVICES:

Only those services specified herein are authorized. Before performing any service of a non-contractual nature, the Contractor shall advise the Contracting Officer of the reason(s) for the additional work and/or service. Changes to the resulting contract shall not be authorized and reimbursement shall not be made for any work or services performed outside the scope of this contract, unless prior authorization is obtained in writing from the Contracting Officer. Changes determined by the Contracting Officer to be within the general scope of the contract shall be made in accordance with the appropriate FAR regulation and shall not necessitate new procurement actions.

11. LATE DROP-OFFS:

The Contractor shall be charged appropriately for each instance that a patient beneficiary is late or rescheduled for an appointment if it is determined by the VA that the patient was late for an appointment due to the fault of the Contractor. This cost shall be the same as the Government charge for an incomplete pick-up plus mileage if the trip is beyond a 20 mile radius from the pick-up point to drop-off location. Appropriate deductions from Contractor’s invoices shall be made for such charges. Patients shall not be picked-up prior to two (2) hours of their scheduled pick-up time or medical appointments unless it is arranged and coordinated for services being ordered by VASDHS. All transportation services shall be scheduled to prevent patients from having to wait longer than forty-five (45) minutes at the pick-up or drop-off location. In the event a patient is to be delayed for an appointment due to circumstances beyond the control of the Contractor, the dispatch center must be notified immediately by the designated driver that a delay is anticipated in order to report the delay of the patient to the appropriate VA personnel.

12. CONTRACTOR WAITING TIME:

For time lost in waiting for a patient at either or both ends of a trip due to causes beyond the Contractor’s control, the Contractor shall be reimbursed at the rate quoted in the Schedule in 15 minute or one-quarter hour increments after the first 15 minutes from the time they report and get authorization to wait from the VA Beneficiary Travel Department or AOD. The first 15 minutes shall NOT be charged to the Government. The Contractor shall be required to call the VA Beneficiary Travel Office or AOD after hours for authorization to wait for a patient beyond the 15 minutes threshold. Telephone number shall be provided by the VA Beneficiary Travel Office. The driver cannot be released without the verbal authorization of VA Beneficiary Travel staff or the AOD.

13. MILEAGE:

All trips shall be charged as a one-way trip from the designated pick-up point to drop-off location. Trip mileage traveled beyond the 20-mile radius of the VASDHS or the participating CBOC’s shall be one-way and trip mileage shall be determined by the latest edition of the Rand McNally Standard Mileage Guide, Map Quest or one of the mutually acceptable computer-based map programs. Mileage begins at point of pick-up. In the case of an incomplete pick-up beyond the 20-mile radius of the VA or CBOC, the mileage of the destination identified by VA Beneficiary Travel Office may be charged as indicated in the Schedule of Services and Prices.

Contractor must insure that the pick-ups and drop-offs shall be scheduled so that the total distance traveled shall result in the most economical charge to the Government.

14. INCOMPLETE PICK-UP:

In the event a scheduled patient cannot or will not come in for a scheduled appointment, Contractor may charge a Trip Charge as indicated on the Schedule of Services and Prices for the trip. This charge shall be for one-way trip charge only either as an incomplete pick-up or incomplete pick-up plus mileage if the trip is beyond a 20 mile radius from the pick-up point to drop-off location. Patients that cancel trips at the door may be billed as incomplete pick-up only if the VA Beneficiary Travel Office is notified immediately that the patient cancelled or refused to be transported. In the same manner, the amount charged in the schedule shall be used to charge the Contractor for failure to pick-up a beneficiary timely for his/her appointment when the appointment must be rescheduled. The driver cannot be released without the verbal authorization of VA Beneficiary Travel staff or the AOD.

15. ROAD EMERGENCIES AND ACCIDENTS:

In the event of an accident involving the Contractor’s equipment and/or personnel with a patient beneficiary on board, the Contractor shall be responsible to return immediately, if situation permits, to the emergency room of VASDHS for evaluation by VA Medical Staff. Should patient refuse to be returned to the VA, driver shall notify his supervisor so that appropriate VA personnel may be notified of such refusal. The incident report detailing date, time beneficiary and driver involved and description of incident with result shall be on the Contracting Officer and designated Contracting Officer’s Representative’s (COR) desk no later than three (3) business days of the occurrence of the incident.

If a medical emergency is present, either from a motor vehicle accident, medical emergency experienced by any passengers during transit, or for any other medical emergency not otherwise stated, the driver shall immediately call 911 and await arrival of paramedics. The driver shall keep the VA Beneficiary Travel staff or AOD informed as the situation develops and shall report the ambulance’s destination hospital so that further tracking of the patient can be done.

16. INSPECTION AND MAINTENANCE:

VASDHS reserves the right to inspect the establishment, facilities, equipment, vehicles, business reputation and qualifications of the successful offeror, prior to award and in accordance with the Pre-Award Survey Checklist. Contracting Officer (CO) shall coordinate the meeting with the Contractor and VA Staff that will be attending the site-visit to conduct the Pre-Award Survey, to determine if the Contractor is lacking any of the items and/or equipment listed on the Pre-Award Survey Checklist, this is to ensure acceptable standards and requirements of the contract. If any gurney vans are added after inspection and after award, the CO reserves the right to inspect and approve the vehicles before being placed under the contract. Complete maintenance records must be maintained by the Contractor and available to the COR during contract performance.

17. VEHICLES:

Each vehicle and its equipment and supplies must be of the quality, model and condition which ensures each patient high quality transportation service. Each vehicle shall be in excellent mechanical condition; the interior and exterior of each vehicle must be well maintained and present a respectable appearance. Each vehicle shall be of a model and make to ensure safe and comfortable transportation for the patient and must be inspected and maintained daily to ensure that the vehicle is in operational conditional at all times, during the performance period of the contract. Each vehicle shall be equipped with such safety items as required by Federal, State and local authorities in the area in which they are operated and any other items required by the aforementioned authorities in the future. In addition, the vehicles must have the following:

· Heater and air conditioning in good operating condition capable of maintaining a comfortable temperature throughout the vehicle interior

· Safety restraining straps to insure Gurney Vans do not move during transport

· Adequate first aid supplies

· Fire extinguisher

· Appropriate road emergency warning equipment

· Two communication devices, including at a minimum driver cell phone with hands free device.

· Written emergency procedures that are immediately accessible, concise and comprehensible to the person operating the vehicle

All transportation vehicles and/or services shall be provided in accordance with Federal, state and local laws. Vehicles shall be equipped with safely devices to load/unload passengers under all physical circumstances to enable easy and safe loading of patients who will be lie-down transported in gurneys. Vehicles shall have the capabilities of transporting patients on specialized gurneys with a maximum weight capacity of 650 lbs.

Vehicles shall be able to accommodate and transport all patients in lie-down position regardless of their weight or size, have seats available for patient’s attendant and shall be able to accommodate patients with more than two pieces of luggage. All vehicles shall have enough room in the vehicle to allow lie-down patient transport and accommodate medical equipment, devices and luggage. Vehicles shall have sufficient room, so patients are not required to bow their heads to avoid hitting the ceiling during loading/unloading and transport regardless of height of patient beneficiary.

18. CONTRACTOR QUALIFICATIONS:

Contractor shall have a minimum of two (2) years in the transportation business with a dispatch center(s) and vehicle management site preferably located within twenty-five (25) mile radius of VASDHS at the time contract proposal is submitted. The existing dispatch center shall be equipped with tracking devices and equipment to maintain two-way communications between the dispatcher and each transportation vehicle dispatched in support of this contract. Contractor shall also have metering devices or established method used in determining mileage. Contractor shall be required to have the appropriate and sufficient vehicles to perform the service required under the contract. All vehicles shall be in good operating condition.

19. PERSONNEL QUALIFICATIONS:

A record of each employee as to character and physical capabilities of performing the duties of a gurney van driver must be maintained and shall be available for inspection upon requests. All background checks must be performed in accordance with all Federal, state and local laws governing these types of transports. Gurney van drivers and attendants must have successfully completed the Standard First Aid courses of the American Red Cross or equivalent. Proof in the form of a current certificate that such first aid training has been successfully completed must be available upon request. Drivers must be fully trained and licensed in the State of California to operate gurney vans who will be involved in transporting patients and must have knowledge of transporting safely with courtesy and respect at all times. Verbal and/or physical abuse of VA patients shall not be tolerated and shall be immediately reported to the COR or VASDHS Beneficiary Travel Office.

For all Gurney Van Transports, Contractor shall be required to provide one driver and one attendant or assistant at no additional cost to the Government.

20. ON-SITE DISPATCHER:

The On-site Dispatcher who is at the VASDHS shall report to the Administrative Officer of the Day Office each afternoon (Monday through Saturday) at 4:15 p.m. to check out with the AOD before leaving the VASDHS to go home for the day. The purpose for this requirement shall be so that the on-site dispatcher passes down information about any Veteran(s) that are waiting for a ride home out at the SCI entrance, or that are expected to be coming down soon from late appointments and needing a ride home from the Contractor.

The On-site Dispatcher shall be responsible for making and already have made arrangements for Gurney Van Transportation Services for the Veteran(s) to return home, this is for Veterans currently sitting out at the SCI entrance when the on-site dispatcher comes down to the AOD office to pass down and rely the information to the AOD. The on-site dispatcher shall provide the AOD with the name and the expected time the Contractor shall be on the road heading home. The purpose for this requirement shall be so that the AOD is informed as to who is waiting out at the SCI entrance and for how long they have been out there waiting to be taken back home.

21. SOLICITING:

Soliciting to Veteran patients in any form or for any reason by Contractor personnel is STRICTLY PROHIBITED.

22. TRAINING:

The Contractor shall provide training for drivers on proper handling of VA patients and instruction in the following:

a. Proper loading and unloading procedures inclusive of tie down of patient in gurney including bariatric gurneys.

b. The handling of accidents in the event of an accident involving the Contractor's equipment and/or personnel with a patient on board. .

c. The handling of road emergencies including medical emergencies. In the event of a medical emergency in transit, the operator or assistant shall follow the proper protocol established by law on gurney van transports.

23. COMPLAINTS:

The Contractor shall respond to complaints within 7 working days. The Contractor shall maintain a written record of all complaints, both written and orally showing the identity of the individual, the nature of the complaint, and the Contractor’s response. The Contractor shall permit the Government to inspect such records.

24. QUALITY ASSURANCE:

The Contractor shall be responsible for complying with all applicable regulations and guidelines of the Joint Commission (JC), Occupational Safety and Health Administration (OSHA), Department of Transportation, California Public Utility Commission and/or any other pertinent federal, state, and local policies relating to the herein mentioned ground transportation services. All tasks accomplished by the Contractor personnel shall be performed to preclude damage or defacement to patient or Government-owned property, equipment and facilities. The Contractor shall report any damage caused by the Contractor personnel to the COR. The Contractor shall be responsible for the replacement of items or to repair property, equipment or facilities to previous condition, if the Contractor is determined to be at fault for the damage.

25. MONITORING PROCEDURES:

The COR shall be responsible for monitoring the Contractor's performance. Performance deficiencies or poor performance identified during the term of the contract shall be reported to the Contractor. Upon notification of deficiencies or poor performance, the Contractor shall be given a reasonable time to take corrective action. If determined appropriate, the Contracting Officer, COR and/or other VA staff members shall meet with representatives of the Contractor to review performance and resolve issues.

All deficiencies or poor performance shall be documented and MUST be corrected within the timeframe specified in the cure notice. The Contractor shall notify the Contracting Officer and the COR when correction(s) have been made. If the appropriate correction is not made within the timeframe specified in the cure notice, the Government shall have the right to terminate the contract in it is entirety.

26. DENIAL/TERMINATION OF SERVICES:

Action to limit, suspend or revoke service contract shall be in accordance with the procedures outlined in VA guidelines, the Federal Acquisition Regulations (FAR) and Veterans Affairs Acquisition Regulation (VAAR). The Contractor shall be notified by the CO, when the necessity becomes apparent to exercise such authority. The CO shall provide the Contractor with copies of documentation initiating the revocation (termination) process if such action becomes apparent. The Government reserves the right to refuse acceptance of service provided by the Contractor due to poor performance or failure to comply with the requirements specified herein. The Contractor and COR shall deal with complaints concerning unacceptable performance. However, the CO has the final authority on validating complaints. In the event that Contractor is involved and named in a validated complaint, the Government reserves the right to refuse acceptance of the services of such Contractor. The CO shall be the final authority on questions of acceptability.

27. VA DOCUMENTATION:

After use, the contractor shall destroy all documents received from the Department of Veterans Affairs containing sensitive patient information including, but not limited to: patient’s name, social security number either whole or in part, date of birth, address, phone number, and appointment information. Destruction shall be accomplished by document being mechanically shredded into pieces not greater than .5mm. Documentation shall be destroyed the next business day following the gurney pick-up.

28. CONTRACTING OFFICER REPRESENTATIVE (COR):

Delegation of Authority letter(s) shall be forwarded to the using service and Contractor after agreement has been signed, identifying the individual(s) as the COR(s) or Alternate COR(s). All authorized representatives of VASDHS to order services and to accept or reject services performed shall be delegated as COR(s) or Alternate COR(s). This designation shall be furnished in writing to the Contractor prior to commencement of the contract. No service shall be provided without the approval of the COR(s) or his/her designee of this contract.

29. CONTRACTOR POINTS OF CONTACT:

The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC.

The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

Point of Contact, Name: _________________________________

Telephone Number: ____________________________________

E-mail Address: _______________________________________

Alternate Point of Contact, Name: _________________________

Telephone Number: _____________________________________

E-mail Address: _________________________________________ The POC shall be available by telephone Monday through Friday, between 7:00 a.m. and 5:00 p.m. excluding National Holidays.

* The parties agree that the Contractor’s personnel including POC performing under this contract shall not be considered VA employees for any purpose. They all shall be considered employees of the Contractor.

30. DISPATCH CENTER:

The Contractor shall provide a phone number for the 24 hour dispatcher center where the designated staff from the VA could call and/or request assistance regarding the gurney van transportation services under this contract.

Telephone Number: ____________________________________

Alternate Telephone Number: ____________________________

31. PERSONNEL POLICY:

The Contractor shall has full responsibility for the protection of its personnel furnishing services under this contract, such as providing Workers’ Compensation, professional liability insurance, health examination and social security payments. Payment for any leave, including sick leave or vacation time is the responsibility of the Contractor. The Contractor shall follow all existing local, state, federal employment laws and/or union regulations relevant to fringe benefits and premium pay for their employees.

32. OVERTIME AND HOLIDAYS:

Any overtime and/or holiday pay that may be entitled to the Contractor personnel performing under this contract shall be the sole responsibility of the Contractor and shall not be billed to nor reimbursed by the Government.

33. SERVICE CONTRACT ACT:

This contract is subject to the Service Contract Act of 1965 (as amended). Service employees performing under this contract shall be paid NO less than the wages as indicated in the applicable Department of Labor Wage Determination.

34. CONTRACTOR SUBMITTALS/INSURANCE REQUIREMENTS:

Contractor shall be required to provide copies of the following:

1. The Contractor shall be required to comply with Federal and State Workers Compensation and liability insurance. Reference FAR clause 52.228-5-Insurance and Subpart 28.307-2-Liability.

1. 15 days after contract award, the Contractor shall furnish to the Contracting Officer an Official Certification from the insurance company indicating that the coverage has been obtained and that it may not be changed or cancelled without guaranteed thirty (30) day notice to the Contracting Officer. New certifications shall be furnished at least thirty (30) days prior to the expiration date of the current insurance policy. The phrase “will endeavor” is not acceptable terms to the Government and such coverage carrying that phrase will be rejected and services may not be rendered until proper certificate is issued.

1. In accordance with "FAR 28.307-2(c) the Contractor shall maintain automobile liability insurance for bodily injury and property damage on all vehicles used in the performance of this contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $1,000,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

35. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT:

Contractor shall take reasonable measures to ensure patient privacy and confidentiality. The Contract Service Providers herein agree to take all reasonable precautions to safeguard patient information from unauthorized access or modification, in both electronic and hard-copy formats. This includes not only electronic security measures such as “strong” user passwords on computer systems, but also physical barriers to prevent unauthorized use of computer work stations; that hard copy patient files are in secured lockable areas, that files are in lockable cabinets, that the cabinets can in fact be locked, i.e. keys are available and the locking mechanisms work properly. This precaution also includes the proper transfer of patient information via electronic means, such as faxing or system to system transmission.

Contractor shall insure that no patient information of any type shall be given to outside parties, agencies or organizations of any type without the expressed written consent of the patient and the VASDHS.

That the Contractor understands that all parties are bound by the conditions of the “Health Insurance Portability and Accountability Act of 1996” which provides guidance on the protection of patient privacy and confidentiality. This act mandates that all government agencies and those bodies with whom they contract shall be in compliance with the directive of the Act. Details or the Act are still under development by the Congress of the United States. Shall additional requirements be set by Congress a duly executed modification will be executed by the Contracting Officer.

36. CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

The Office of Security and Law Enforcement provides Department-wide policy on the assignment of appropriate position sensitivity designations associated with Department of Veterans Affairs (VA) positions involving national security and public trust responsibilities, and on the level of background investigations required for applicants for, and incumbents of, those positions.

IAW VA 0710 Handbook, appointees and contract personnel appointed to Low/Moderate/High Risk positions must be subjects of a background investigation conducted by OPM and receive a favorable adjudication from the VA Office of Security and Law Enforcement to ensure compliance with such policy. If such investigation has not been completed prior to contract commencement, the Contractor shall be responsible for the actions of those individuals performing under the contract.

Should the contract require Contractor’s personnel to maintain U.S. citizenship, the Contractor shall be responsible for compliance. Regardless of U.S. citizenship requirements, Contractor’s personnel are required to read, write, speak, and understand the English language, unless otherwise specified in this contract or agreed to by the Government.

The cost for such investigations shall be borne by the Contractor, either in advance or as reimbursement to the Government. The level of sensitivity shall be determined by the Government on the basis of the type of access required. The level of sensitivity will determine the depth of the investigation and the cost thereof. At this time, the current estimated costs for such investigations are as follows:

The Contractor shall be required to furnish all applicable employee information required to conduct the investigation, such as, but not limited to, the name, address, and social security number of the Contractor’s personnel. The VA will provide all the necessary instructions and guidance for submission of the documents required to conduct the background investigation. Background investigations shall not be required for contract personnel assigned to Low Risk/Nonsensitive positions for 180 days or less under a single contract or series of contracts. However, a Security Access Clearance (SAC) background screening will be required for appropriate preliminary checks IAW VA Directive 0710.

37. BACKGROUND SCREENING:

In accordance with VHA Directive 0710 all Contractor personnel providing services under this contract shall be the subject to a background screening and must receive favorable adjudication from the VA prior to contract performance. The level of screening for this contract is: Special Agency Check (SAC) only unless a National Agency Check is determined to be required by the VA ISO and/or Privacy Officer for contract personnel assigned to a low risk/non-sensitive position is expected to work more than 180 days. Any employee whose background investigation yields unfavorable results shall be removed immediately from performance under this contract. In the event the screening is not completed prior to contract performance, the Contractor shall be responsible for the actions of those individuals performing under the contract.

38. DRUG/ALCOHOL POLICY:

Contractor shall ensure that all drivers and staff performing under this contract complied with the participating VAGLAHS alcohol and drug free workplace policy. The Contractor shall be expected to conduct random alcohol and drug tests on all drivers. Random alcohol and drug tests shall be conducted at least once a year on each employee performing under the resulting contract. Drivers shall also be subject to drug and alcohol testing when reasons exist to suspect the use of illegal drugs and/or alcohol while on duty that impaired judgment, performance, operation of vehicles and the safety of Veteran patients. Upon request, the Contractor shall be expected to provide evidence or copy of the results of employee drug and alcohol testing.

39. SMOKING POLICY:

Smoking is not permitted within or around the VA facility grounds, except in designated areas. At no time shall smoking be permitted within vehicles with or without patients on board.

40. BADGES:

All Contractor personnel shall be required to wear VA provided identification (I.D.) badges above the waist at all times while on the VA grounds. The Contractors shall be required to coordinate with COR in order to obtain the VA provided I.D. badges for all drivers. All VA provided I.D. badges shall be returned at the end of the contract or upon completion of service. Failure to wear ID badges may result in removal from Federal Property.

41. INVOICE REQUIREMENTS:

Billings rendered by the Contractor to the VA for services rendered to VA Beneficiaries under the terms of this contract shall be billings in full. Neither the beneficiary, his/her insurer nor any other third party shall be billed for service covered under this contract. Only those services covered under this contract shall be billed to VASDHS.

Invoices shall be submitted twice a month in arrears to VASDHS within five working days past the last day of ending each billing period unless otherwise requested by VASDHS. Invoices shall reference the appropriate contract and obligation number (to be assigned upon contract award) and shall have the following minimum information on them:

(1) Patient's full name

(2) Date of service

(3) Address from pick-up point and final destination

(4) Line item from Schedule of Service associated with each charge

(5) Total mileage from pick-up point to final destination if miles are charged in addition to based rate

(6) Transportation cost

(7) Authorizing VA Official

Invoices not showing a VA authorized representative shall not be paid. Delegation of Authority personnel shall be issued upon contract award. Invoices not containing the above-required information may be delayed in payment. Invoices shall be submitted electronically through the Tungsten Network System at www.tungsten-network.com

For the Government invoice/billing information, reference Contract Administration Data section on page 3. Incomplete and incorrect invoices shall be returned for correction.

42. MONTHLY REPORTS:

The Contractor shall be required to provide a cost saving report on the number of trips and miles for each month during the entire term of the contract at NO additional cost to the Government. All monthly reports shall be submitted five (5) working days after the ending of each month. The report shall reflect the monthly savings to the Government for the cost paid under the long-term contract, the cost the VA would have paid under the current Contract listed price without any discounts.

43. POST-AWARD MEETING:

The Contracting Officer shall schedule a post-award meeting with the Contractor, after contract award, for contract orientation purposes.

36C26219R0102

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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.