36C26322Q0478 solicitation.pdf

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 95

Provided on IDIQ Calls

Issued Against IDIQ

36C26322Q0478 04-27-2022

Pamela Phillips 612-467-5799 05-11-2022

2:00 PM

Department of Veterans Affairs

NETWORK 23 CONTRACTING OFFICE

2501 W. 22nd St.

Sioux Falls SD 57105

X 0

621910

$16.5 Million

N/A

X

Minneapolis VA Health Care System

One Veterans Drive

Minneapolis MN 55417

2501 W. 22nd St.

Sioux Falls SD 57105

Financial Services Center

VIA Tungsten Network

Refer to VAAR Clause 852.232-72 below

See CONTINUATION Page

Description of Service:

Provide air ambulance services as per statement of work and price/cost schedule on individual task orders.

This solicitation and resulting Indefinite Delivery, Indefinite Quantity (IDIQ) contract are in accordance with

Federal Acquisition Regulation (FAR) Part 13.

Period of Performance:

06/01/2022 - 05/31/2027

FAR Subpart 22.10, Service Contract Labor Standards, is applicable to the resulting IDIQ contract and subsequent task orders. See Section D for attachment.

Wage determination class categories are suggested and for reference only.

See CONTINUATION Page

To be cited on all task orders issued against awarded IDIQ contract.

X X

X 1

Pamela Phillips

Contracting Officer

36C26320Q0216

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

PRICE/COST/ PERFORMANCE SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018)

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...24

C.7 52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER

EXECUTIVE ORDER 14026 (JAN 2022)

C.8 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)

C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND

COMPLIANCE (JUL 2018)

C.12 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

C.13 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(NOV 2018)

C.14 VAAR 852.237-70 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE

(OCT 2019)

C.15 VAAR 852.237-74 NON-DISCRIMINATION IN SERVICE DELIVERY (OCT 2019)

C.16 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN

2008)

C.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (OCT 2019)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL ITEMS (OCT 2018) 1

• Name/address of organization contract was with

• Contract number/title

• Brief description of contract scope and dollar value

• Point of contact information (name/title/phone number/e-mail address)

References may be from Federal/State/Local Government organizations or from commercial organizations in which the contractor performed as a Prime Contractor. Government references are considered more relevant in priority order of Federal, State, and then Local. 6

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

E.4 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING

(JUL 2016)

E.5 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.6 52.216-1 TYPE OF CONTRACT (APR 1984)

E.7 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.8 VAAR 852.215-72 NOTICE OF INTENT TO RE-SOLICIT (OCT 2019)

E.9 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014) (TAILORED)

E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019)

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 36C263 Pamela Phillips

2501 W. 22nd St.

Sioux Falls SD 57105

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 [X] Upon completion of task order

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.

Financial Services Center

VIA Tungsten Network

Refer to VAAR Clause 852.232-72 below

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

AMENDMENT NO DATE

PRICE/COST/ PERFORMANCE SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

T UNIT PRICE AMOUNT

11,750.0

EA _______________

Air ambulance (including all personnel, equipment, and supplies to provide air ambulance service for Minneapolis VAHCS) per nautical mile Contract Period: Base POP Begin: 06/01/2022 POP End: 05/31/2023

13.00 EA _______________

Additional Attendant per trip

128.00 EA _______________

Ground Ambulance per Ground Miles

119.00 EA _______________

Medical Van Fee per Ground Miles

0.00 EA _______________

Cancellation Fee per event

2.0% Provider Tax (per MN Care Law - 1994)

TOTAL _______________

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

EA _______________

Air ambulance (including all personnel, equipment, and supplies to provide air ambulance service for Minneapolis VAHCS) per nautical mile Contract Period: Option Year One POP Begin: 06/01/2023 POP End: 05/31/2024

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

EA _______________

Air ambulance (including all personnel, equipment, and supplies to provide air ambulance service for Minneapolis VAHCS) per nautical mile Contract Period: Option Year Two POP Begin: 06/01/2024 POP End: 05/31/2025

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

EA _______________

Air ambulance (including all personnel, equipment, and supplies to provide air ambulance service for Minneapolis VAHCS) per nautical mile Contract Period: Option Year Three POP Begin: 06/01/2025 POP End: 05/31/2026

R

DESCRIPTION OF

SUPPLIES/SERVI

CES

QUANTI

TY

UNI

EA _______________

Air ambulance (including all personnel, equipment, and supplies to provide air ambulance service for Minneapolis VAHCS) per nautical mile Contract Period: Option Year Four POP Begin: 06/01/2026 POP End: 05/31/2027

GRAND TOTAL ITEMS 0001 – 4006_________________________________

Air Ambulance Services Performance Work Statement

Scope:

Provide fixed wing Air Ambulance transportation services under an indefinite delivery/indefinite quality firm fixed price contract for the Minneapolis VA Health Care System (VA HCS) beneficiaries.

Requirements:

1. Transport will usually originate at the Minneapolis-St. Paul International Airport, Holmen Field St.

Paul, or Flying Cloud-Eden Prairie transporting beneficiaries to locations outside Minnesota.

However, this does not preclude the transport of beneficiaries from and to other locations within the VISN 23 coverage area, including: Iowa, Minnesota, North and South Dakota.

a) Start and destination points will be computed from those airfields. Payment per statute mile will be based upon direct air mileage as compute on the appropriate sectional Aeronautical Chart prepared by the National Ocean Survey and will be based on round trip mileage from airport where patient is picked up to destination airport where patient is landing.

2. Minneapolis VA HCS will authorize payment only for layovers necessitated by the patient, authorized by the Government, or Federal Air Regulations pilot duty requirement.

3. The service quantities are estimated based on past need. Orders from the above pick up and destination areas or from other pickup and destination locations will be honored by the Contractor at contract prices.

4. The Air Ambulance Contractor will not release the patient until the appropriate ground transportation is available. In order to provide continuity of transportation, the air ambulance contractor will coordinate aircraft departures and arrivals with the Minneapolis VA HCS and require surface transportation contractor to avoid any delays at the points of origin and destination. If VA has awarded a ground ambulance contract for that area, the air ambulance contractor must use that contract and cannot diver to other transport unless approved by the VA.

VA will not pay for non-approved diverted ambulances. When proper estimated time of arrival notification has been made to the ground ambulance contractor, the VA reserves the right to bill the Air ambulance Contractor the established ground ambulance wait time per quarter hour, in excess of the initial one quarter hour allowed as a result of contractor delays. If delay is unavoidable, the patient must be protected from inclement weather, including temperatures that could adversely affect their condition.

5. In addition, the requirement set forth in this solicitation, the Air Ambulance contractor must be in full compliance with the requirements of the Minnesota Department of Health, Life Support Transportation Services as contained in Chapter 4690.0100 through 4690.8300 or equal.

Contractor must have a current Minnesota Emergency Medical Services Regulatory Board (EMSRB) ambulance license or current license from another site that supports the intention of the Minnesota Life Support Transportation Services and requirements of this solicitation.

Information regarding the above may be found by contacting:

Minnesota Emergency Medical Services Regulatory Board 2829 University Ave SE, Suite 310 Minneapolis MN, 55414

(612) 627-5424 http://www.emsrb.state.mn.us/ http://www.emsrb.state.mn.us/

6. The Air Ambulance Contract operator shall possess a current Federal Aviation Administration (FAA) Part 135 Air Taxi Certificate, (a copy of which must be submitted with proposal) and shall comply with the regulations of the FAA and the rules of the Minnesota Department of Transportation, Aeronautics Division.

a) The Contractor shall abide by all applicable FAA regulations, Each Pilot who performs under this contract shall hold a commercial airman’s certificate with appropriate ratings for the conditions of the flight being undertaken, and operate under the air taxi rules for the certificate.

b) FAA flight plan shall be filed and used or any aircraft used for the air ambulance under this contract. Where ever practical 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 communications, and navigational facilities, and further, shall be satisfied that all conditions are such that they do not constitute a hazard.

c) In the event a flight is interrupted short of destination, contractor shall immediately notify the Travel Department at the Minneapolis VA medical center.

d) No more than three (3) aircraft need be available at any one time. If more than three

(3) simultaneous trips are required, the Minneapolis VA may acquire the services elsewhere, however, the Contractor will not be liable for any additional costs in these instances, The specified number of trips/miles in the Schedule of Items are based on the Minneapolis VA’s best estimate of its historical and projected 12 month history to various locations at any one time and are not to be construed as (1) either a commitment to order such a number or (2) as limiting the number of aircraft which may be required or (3) limiting the geographical areas that may be requested for patient trips.

7. Government-Furnished Materials. The Minneapolis VA will provide the necessary medial materials to include but not limited to medications/intravenous solutions, dressings and catheterization kits for the specific patient needs. For patients transported with arterial lines, the Minneapolis VA will provide the necessary transducer monitoring cables for patients transported with arterial lines. The contractor will be required to sign for all necessary equipment and maintain control throughout the contract period. The contractor will be required to return all monitoring cables at the end of the term of the contract.

8. Personnel:

a) The prices quoted in the schedule of items and include the services of qualified pilots and medical personnel as dictated by standard industry practices. FAA and EMSRB to provide medical/nursing care that is required. If the condition of the patient necessitates more than one qualified medical attendant, the contractor shall be notified at the time the service is requested. The contractor will be reimbursed for the services of any additional attendant which are authorized by the VA in advance. The contractor will notify the travel section of the Minneapolis VA medical center if any attendant or second attended request has come from the medical personnel during the receiving of the patient’s medical status report.

b) The contractor will have a medical director qualified for ambulance services, the Minnesota EMS to be Multi state certified will be a physician who accepts responsibility for the quality of care provided during transport by pilots and attendance; provide standards of upgrading and purchasing equipment; describes any standing orders for the provision of life-support care; provides triage, treatments and transporting protocols to assure that the patients requiring care transported appropriately; assist with the development and operation of an internal quality assurance mechanisms that include a review of services provided; provides written procedure for the storage and administration of drugs; and provides written standards for medical equipment and supplies to provide air ambulance service.

c) Medical Flight Attendants personnel serving the capacity of this contract are any licensed physician nurse physician assistants or emergency medical technician who has had additional training in various aspects of Aaron nautical transportation as specified in paragraph (D) below. A medical flight attendant may not serve simultaneously as required pilot or crewmember of the flight. Medical flight attendant personnel will have sufficient training when Karen necessitates administration of medication and intravenous solutions tracheostomy care cardiac monitoring ventilator dependent patients procedures requiring sterile technique evaluating medical conditions predisposing to in-flight hypoxic conditions and to interpret basic and complex EKG rhythms administers monitors and titrates IV fluids and vasoactive intropic, antiarrhythmic and narcotic agents under the direction of physicians recognizes indications for defibrillation and performs procedures maintains patency of arterial lines and interprets arterial waveforms maintains patency of CVP’s and pulmonary artery and catheters and interprets we’ve the forms obtained from them. Assumes responsibility for the care of the patient with pacemaker (transvenous and/or cutaneous) insuring proper function, recognizes any malfunction and intervening appropriately, assumes responsibility for the care of integrated patients requiring mechanical ventilation, including appropriate utilization of P.E.E.P., adjusting ventilatory settings according to physician orders, assessing/ troubleshooting that ventilator/patient problems and making adjustments as indicated and can appropriately ventilate by hand (Ambu-bag) when needed.

d) Medical flight attendants will have training in accordance with standard industry practices, FAA and EMSRB, with emphasis placed on the airborne environment, I.E.

Responsibilities during preflight, in flight, impose flight phases of an air ambulance mission; legal considerations of air ambulance service, record keeping for air ambulance service, lifting and moving of patients; General adjustments that are required when changes in the time zone are made, medical equipment used a board aircraft, changes in barometric pressure, decompression sickness and air embolism; changes in partial pressure of oxygen; other environmental factors affecting patient care such as humidity, temperature, ventilation, noise, etc., Aircraft systems, electrical, pressurization, lighting, ventilation; Aircraft emergencies such as electrical failure, rapid decompression, and emergency landing; and principles of survival.

e) That air ambulance contractor will have access to an aeronautical consultant to act as technical adviser to assist the contractor and attending physician and identifying precautions and care required in-flight.

f) A record of qualifications in training of each medical flight attendant and other employees performing under this contract must be maintained and made available for inspection by the VA upon request that anytime during the term of this contract.

9. The VA serves the right to have an escort, such as a relative or care provider of the beneficiary, accompanying the beneficiary when the VA determines that such an escort is in the best interest of the beneficiary. The VA will also be the sole judge in determining when an escort is required.

There shall be no additional charges to the VA when escorts are authorized to travel with the beneficiary. Contractor shall only be required to transport ask work with the patient and shall not be required to return the escort back to point of origin.

10. Incident\accident reporting procedures: in all cases where an incident or an accident occurs while a VA patient is in the contractor’s care, Minneapolis VA Will be contacted immediately. In cases where an immediate emergency medical treatment is deemed necessary, Notification will be required upon arrival at the nearest facility. In all cases, patients must be cleared by the Minneapolis VA’s emergency room physician. Clearance must be documented. Contact can be made with the travel office during normal business hours and with the administrator on duty during off hours. Written reports are required by 10 AM the first working day following the incident/accident.

11. Aircraft equipment and design:

a) Aircraft: all ambulance aircraft used in the performance of this contract must be pressurized turbine, fixed wing craft suitable for all weather operations. Air ambulance shall comply with the regulations of the FAA and the rules of the Minnesota Department of Transportation aeronautical division. Particular’s include:

b) Electrical: Aircraft must have an electrical inverter system for simultaneously requiring electrical supply for emergency medical equipment, the voltage of which is compatible to the medical equipment required.

c) Heating system: the heating system should have the capability of maintaining the cabin temperature at around 75°F during all phases of operation.

d) Communication systems: the aircraft must have radio capabilities to communicate air to ground and air to air.

e) Lighting systems: interior Lighting should be adequate for patient observation and care under all circumstances. During my operations a curtain should be used if necessary, to protect the cockpit from lights and the patient section.

f) Loading stretchers and litters: Aircraft doors should be large enough to allow a stretcher or litter to be loaded without rotating it more than 30° about the longitudinal (roll) axis or 45° about the lateral (pitch) axis.

g) Positioning the structure or litter: the stretcher later should be positioned so as to allow the medical attendant a clear view of access to any part of the patient’s body that may require attention. The attendant should always have access to the patient’s head and upper body. The upper surface of the litter should not be less than 30 inches from the ceiling of aircraft or under the surface another litter. To conduct a CPR, as much as 40 inches may be desired. A conventional structure or litter will be at least 19 inches wide and 73 inches long. Between 12 and 18 inches of clear aisle at the head and on the side of the litter is minimally excepted tolerance. When possible, litters should be installed laterally in the aircraft to provide better restraint against forces which may be encountered in a crash.

h) Isolating the pilot from the patient section: the patient should be sufficiently isolated from the cockpit to minimize in-flight distractions and interference that would affect flight safety.

i) All medical equipment and the aircraft must be secured and approved racks, bins, or compartments during flight. It is critical that oxygen containers be properly restrained.

12. In accordance with standard industry practice, provide medical equipment meeting the requirements as indicated in chapter 4690. 1300 entitled “Air Ambulance Equipment”

13. Maintenance of medical equipment and supplies shall include the following:

a) Each piece of linen (blankets, sheets, stretcher pads, mattress and pillow covers) used for a patient should be cleaned after each use and disinfected as necessary.

b) Each piece of equipment coming in contact with the patient should be properly washed and disinfected after each use.

c) A medical equipment and emergency medication used in the air ambulance operations must be maintained according to the manufacturer’s recommendations, and adequate record should be available to indicate that the required maintenance has been performed.

14. Operating procedures:

Inspection:

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

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

Cancellation:

If the delivery order is canceled by the travel coordinator, the contractor will be paid for actual nautical miles traveled at the time of the cancellation, plus the necessary nautical 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 any destination on its flight plan.

Quality:

Contractor will ensure that each beneficiary is treated in a professional manner, keeping in mind diversity of our beneficiaries. Each beneficiary will be treated with the highest quality of care and standards established in the industry. Some other areas to be assessed are:

a) Patient safety

b) Medical services

c) Equipment and aircraft maintenance program

Timeliness:

Upon receipt of the request for service for an authorized travel coordinator, specifying the government performance requirements, the contractor to dispatch we’ll respond within a reasonable amount of time not to exceed thirty (30) minutes and will coordinate the transportation of the beneficiary. In response to a request for services under a delivery order, the contractor will have no more than two (2) hours to arrive fully staffed at the pick-up location on must prior approval for additional time is granted by the travel coordinator.

Invoicing:

The contractor shall furnish the following to the receiving facility:

1) Contract number/ delivery order number

2) Date of flight and number of nautical miles flown

3) Name and phone number of the authorize ordering patient travel coordinator and facility

4) Originating and terminating points

5) Name of each patient

6) An in-flight medical attendance report of the patient’s status, including vital signs, the level of consciousness, drugs administered, details of therapeutic intervention, and the names and qualifications of all attendance working on that flight

7) Any unusual circumstances encountered during the flight, including, but not limited to, in ordinate altitudes flown, turbulence, and time is associated with these abnormal conditions

After all work has been completed, the contractor will furnish the information listed above, along with the invoice, directly to the beneficiary travel coordinator who placed the request for services under the delivery order. The beneficiary travel coordinator we’ll process the invoice for payment.

The invoice and the required information shall be submitted no later than 15 working days after completion of trip.

Business relations: the working relationship will be assessed based on beneficiary and/or travel coordinator satisfaction to include, Direct professional interaction between the contractor and the contracting officer. A few of the contract to be monitored, which is not directly related to cost, schedule, or performance are:

a) Integration and coordination of all activities needed to execute the contract, change proposal submissions, in the contractor’s history a professional behavior with all parties.

b) Actively work to eliminate obstacles to ensure excellent performance.

Factor No.

Performance Indicator

Performance Standard

AQL Maximum Allowable Degree of Deviation

Method-Type of Surveillance Reduction when AQL Exceeded

Deduction Amount on Payment, or possible termination

1 Patient Safety Consistent with Standards & Safety Guidelines

Two (2) occurrences per year

Patient condition monitored at conclusion of each flight

2% per occurrence

2 Medical Services Qualified staff to provide appropriate services

Two (2) occurrences per year

Patient condition monitored at conclusion of each flight

2% per occurrence

3 Equipment & Aircraft Maintenance Program

In accordance with established Local, State and Federal Regulations.

Two (2) occurrences per year

Equipment & Aircraft maintenance logs reviewed semi-annually

15%

4 Dispatch Response

Within thirty (30) minutes

Four (4) occurrences per year

Monitor through travel coordinator logs

15%

5 Air Ambulance Response

Within two (2) hours Four (4) occurrences per year

Monitor through travel coordinator logs

2% per occurrence

6 Submit Patient Data

Within fifteen (15) working days

Two (2) occurrences per quarter

Monitor through travel coordinator

2% per occurrence

7 Submit Invoice Within fifteen (15) working days

Two (2) occurrences per quarter

Monitor through travel coordinator

2% per occurrence

8 Patient Satisfaction

Per occurrence 1 occurrence per quarter

Monitor through travel coordinator

2% per occurrence

9 Professional Interaction

Per occurrence 1 occurrence per quarter

Monitor through contracting officer & travel coordinator

2% per occurrence

10 Integration & Coordination

Per occurrence 2 occurrences per quarter

Monitor through contracting officer & travel coordinator

2% per occurrence

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. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The

Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the

Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and

41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service

(TOS), or similar legal instrument or agreement, that includes any clause requiring the

Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

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

ITEMS

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

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

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 06/01/2022 through 05/31/2027.

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

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,100.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $2,100,000.00;

(2) Any order for a combination of items in excess of $2,100,000.00; or

(3) A series of orders from the same ordering office within 356 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection

52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the

Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

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

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

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

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

provided, that the Contractor shall not be required to make any deliveries under this contract after 05/31/2027.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before the contract expires.

(End of Clause)

52.217-8 ADDENDUM:

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services, provided under FAR 52.217-8, as follows: The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but for no more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price for the basic requirement and the total price for the priced options has the same effect on the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a)…