Attachment A - PWS - VAPHS Transportation Services.pdf

VA Pittsburgh Healthcare System Transportation Services

Performance Work Statement

1. SCOPE OF WORK

The VA Pittsburgh Healthcare System (VAPHS) is seeking a five-year Indefinite Delivery- Indefinite Quantity (IDIQ) contract for Transportation Services to transport beneficiaries throughout the Pennsylvania, Ohio, and West Virginia tri-state area. The Contractor shall provide ground transportation services, 24-hours per day, seven days per week, (to include all federal holidays) for all eligible beneficiaries of the following VAPHS locations:

University Drive (Main campus) University Dr. C Pittsburgh, PA 15240

H.J. Heinz Campus (Community Living Center) 1010 Delafield Road Aspinwall, PA 15215

Beaver County VA Clinic 300 Brighton Rd.

Rochester, PA 15074

Belmont County VA Clinic 67800 Mall Ring Road, Ohio Valley Mall, Suite 215 St. Clairsville, OH 43950

Fayette County VA Clinic 627 Pittsburgh Rd., Suite 2 Uniontown, PA 15401

Monroeville Mall CBOC 421 Mall Circle Drive Monroeville, PA 15146

Washington County VA Clinic 95 West Beau Street, Crossroads Center, Suite 200 Washington, PA 15301

Westmoreland County VA Clinic 5274 Route 30, Suite 10 Greensburg, PA 15601

Transportation services shall be required between designated VAPHS locations and beneficiary’s residences, the Greater Pittsburgh International Airport, bus stations, hotels, and other locations as authorized. Approximately 50% of trips involve transportation to and from the Greater Pittsburgh International Airport.

The period of performance requested for this acquisition is five-year Indefinite Delivery / Indefinite Quantity (IDIQ) Contract). This need for this acquisition is determined to be routine and can be awarded within designated contracting timeframes

To meet the needs of this requirement, the following needs must be met:

a. Contractor must have a Business Associate Agreement (BAA) - (National or Local) Click on link for additional information. Business Associate Agreements (va.gov)

b. See Section 7.1 for additional information

2. CONTRACT DEFINITIONS

Administrative Officer of the Day (AOD) - VA Pittsburgh Healthcare System (VAPHS) official that works in the admissions area during evenings and nights, and monitors hospital activities during other than normal working hours. This person is located at the site of the VAPHS and acts as hospital administrator during off-hours.

Beneficiary - Veterans and other members determined to be eligible for benefits by the VAPHS.

Business Hours/Days - Business hours/days are defined as the time of 8:00AM to 4:30PM, Monday through Friday, except Federal holidays. Federal holidays include New Year’s Day, Martin Luther King Day, President’s Day, Memorial Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day, and other specifically designated days by the President of the United States to be a federal holiday. Off business hours/days are defined as the time of 4:31PM to 7:59AM, Monday through Friday, all day Saturday and Sunday and Federal holidays.

Contract – The Contract awarded as a result of this solicitation.

Contracting Officer (CO) - VA official with the authority to enter into, administer, and/or terminate contracts and make related determinations and findings.

Contractor - The term “Contractor” as used herein refers to both the prime Contractor and their employees, and any subcontractors and their employees. The Contractor shall be responsible for assuring that his subcontractors comply with the provisions of this Contract. The Government has a contracting relationship with the Prime Contractor only.

Dry Run - A dry run is defined as a request for service by VAPHS, whereby the Contractor arrives at the designated pick-up point and no beneficiary is transported due to a change in the VAPHS needs. The Contractor shall be entitled to the applicable base rate only when dry runs are encountered due to no fault or negligence of the Contractor.

Escort - Such as a relative of the beneficiary or a VAPHS employee accompanying the Beneficiary when the VAPHS has determined such an escort is in the best interest of the beneficiary.

Financial Services Center VA - (FSC) – Payment is made through electronic funds transfer - Department of Veterans Affairs, Financial Services Center, PO Box #149971, Austin, TX 78714-9971;

FAX: 512-460-5540 (services).

Pick-up Fee – The flat rate the Contractor charges for each authorized trip.

Program Point of Contact (POC) - VAPHS official responsible for providing Contract oversight and technical guidance to the CO. Responsibilities include certifying invoices, placing orders for service, providing technical guidance, and overseeing technical aspects of the Contract. All contacting authority remains with the CO. Program POC information shall be provided at time of award.

Protected Health Information (PHI) - individually identifiable health information, held or maintained by a covered entity or its business associates acting for the covered entity, that is transmitted or maintained in any form or medium (including the individually identifiable health information of non-U.S. citizens).

http://vaww.vhadataportal.med.va.gov/PolicyAdmin/BusinessAssociateAgreements.aspx

Quality Assurance - Those actions taken by the Government to assure services meet the requirements of this Contract.

Quality Assurance Surveillance Plan - An organized written document used for quality assurance surveillance. The document contains specific methods for performing surveillance of the Contractor’s continuous performance.

Quality Control - Those actions taken by the Contractor to control the production of goods or services, so they will meet the requirements of a contract.

Scheduled Trip(s) - The term “Scheduled Trip” as used in this Contract refers to those trips in which the Contractor has been given advance notice (advance notice is defined as notice given by 4:30PM the prior business day) of required services and a specific pick-up time.

Travel Assistance Team - Individuals employed in VAPHS Travel Section who are authorized to request services from the Contractor.

Trip Sheet – A document that specifies the date, Beneficiary name and last four digits of Social Security number, time of pickup, destination, time of drop off, mileage if outside the Contract Mileage Threshold, and any notes regarding issues particular to the specific transport or condition, including recording oxygen, cardiac monitoring, and any other items provided.

Unscheduled Trip(s) - The term “Unscheduled Trip” as used in this Contract refers to those trips required on an as needed basis and advance notice is not given. Same day request.

3. Beneficiary Transportation Requirements

The Contractor shall provide transportation services seven (7) days per week (including holidays), twenty-four (24) hours per day, three hundred sixty-five (365) days per year, for the term of this contract, including Federal Holidays. The following ten holidays are observed by the Federal Government: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, Christmas Day, and any other day specifically declared to be a national holiday by the President of the United States. The majority of trips will be between 6:00 a.m. and 6:00 p.m. Monday through Friday.

The Contractor shall provide the VAPHS with the communication method of contacting the Contractor on a twenty-four (24) hour per day basis. The Program POC shall notify the Contractor if the proposed method of communication is not acceptable.

Historically, VAPHS average four trips per weekday during normal business hours. Needs will vary based on demand and the number of trips can exceed 10 per day. Additionally, averages four trips outside of normal business hours, including nights, weekends, and holidays. Most trips average 20 – 25 miles, with an average of two trips per week between 25 and 75 miles when transporting beneficiaries between VAPHS main campuses and the Community Based Outpatient Clinics (CBOC).

The Contractor shall ensure that beneficiary pick-ups and drop-offs are scheduled so that the total distance traveled will result in the most economical charge to VAPHS. While the required transportation may include trips to parts of Ohio, West Virginia, Maryland, and Virginia, the majority of the trips will be confined to Southwestern Pennsylvania, and most beneficiaries will be VAPHS beneficiaries

The Contractor shall provide beneficiary hand-off service for all beneficiaries to and from their designated appointments. The Contractor shall transfer or “hand-off” the beneficiary to the next person responsible for their care. Beneficiaries shall be picked up on the ward, in their homes, in the clinics, or at other areas designated by VAPHS and taken to the authorized destination or appointment.

Minor assistance in maneuvering stairs and other barriers shall be provided by the driver, when necessary, outside of the residence.

The Contractor’s driver shall observe beneficiaries during transport. Any indication of a significant change in a beneficiary’s condition (i.e., sudden onset of rapid or labored respiration, complaints of chest pains, etc.) In the event of an emergency, the driver shall call 911. The Contractor will notify VAPHS at the as soon as possible to provide details of the incident.

Should the Contractor’s driver encounter any problems when transporting beneficiaries, the driver shall contact the Contractor, from 5:00 AM to 7:00 PM. During irregular tour of duty (7:00 PM to 5:00 AM), weekends or holidays, the driver shall contact the AOD at the Admissions Desk. VAPHS will provide a list of individuals (other than the Program POC) authorized to contact the Contractor. This notification is merely for information purposes. It does not replace internal Contractor communications needed to solve the problem.

The Contractor shall notify the Program POC, of any unusual events, including but not limited to accidents, safety problems, beneficiary complaints and other such incidents that may occur during transport. The Program POC shall be notified within one (1) hour of the occurrence of the incident(s) by telephone and, if requested by the Program POC, a written report of the incident(s) will be provided by close of business the next business day. This notification is merely for information purposes and does not replace normal Contractor communications needed to solve issues.

4. Ordering Period

The estimated ordering period will be June 1, 2023 – May 31, 2028

5. PLACE OF PERFORMANCE

This transportation service shall transport beneficiaries throughout the Pennsylvania, Ohio, and West Virginia tri-state area. The Contractor shall provide ground transportation services, 24-hours per day, seven days per week, (to include all federal holidays) for all eligible beneficiaries.

6. TRAVEL / TRANSPORTATION ORDERS

Requests for services shall be recorded on the daily travel manifest and furnished to the Contractor via e-mail or telephone, by VAPHS Travel Assistance Team no later than 4:00 PM prior to the day the transportation is needed. The Contractor shall respond by 4:30 PM the same day and provide the VAPHS

Travel Assistance Team with a confirmation number for each trip on the manifest. In the event that the Contractor does not anticipate being able to meet VAPHS needs the Contractor shall immediately notify the Travel Assistance Team during normal business hours, and the AOD outside of normal business hours. If the Contractor accepts the manifest and fails to furnish services the VAPHS reserves the right to re-procure services which cannot be performed by the Contractor, in accordance with the terms, conditions, and schedule of this Contract. The following information shall be provided by VAPHS to the Contractor:

Beneficiary name (first and last) Pick up point (include address, telephone #, city, state, bldg. and/or room number if applicable) Destination Time of pick up Any specific instructions

The Contractor shall provide email confirmation to VAPHS Travel Assistance Team or AOD within 10 minutes after the end of each trip. Confirmation notification shall list the trip confirmation number in the subject line and will be recorded by VAPHS Travel Assistance Team or AOD to determine if the Contractor is meeting the scheduled pick-up and delivery requirements. No other method of delivery confirmation shall be accepted.

In the event that a beneficiary misses their scheduled appointment due to a pickup delay, VAPHS shall reschedule the trip at no cost to VAPHS. If additional charges are incurred by VAPHS for the rescheduled trip, the additional charges shall be the responsibility of the Contractor. VAPHS shall notify the Contractor when these types of incidents are identified.

6.1 For transports originating at VAPHS:

The VAPHS Travel Assistance Team are authorized to request beneficiary transport and shall provide the Contractor with the destination and the beneficiary’s first and last name. During off-peak hours, VAPHS Administrative Officer of the Day (AOD) has authorization to request beneficiary transport.

For trips originating at either VAPHS campus, the Contractor shall dispatch the trip to a driver who can respond within 45 minutes.

6.2 For transports not originating at VAPHS:

VAPHS Travel Assistance Team, or the AOD outside of regular business hours, shall contact the Contractor’s dispatch office to request transports.

The driver shall transport the beneficiary to a VAPHS destination.

Requests for unscheduled trips (orders placed for same day service) not initially recorded on the manifest shall be made by the VAPHS. If the Contractor fails to furnish services within a reasonable time (established as 45 minutes) after receiving an unscheduled request for an order, the VAPHS reserves the right to obtain the services from another source and to charge the Contractor with an excess cost which may result. In instances where unscheduled trips are over 100 miles, VAPHS shall allow a reasonable amount of additional response time. VAPHS will consider weather, distance and other factors when granting additional response time. The decision to use an alternate source for transport is at VAPHS’ discretion.

In case of inclement weather, the decision as to whether or not a beneficiary shall be transported shall be made mutually by VAPHS and the Contractor.

The Contractor shall notify the Program POC /VAPHS Travel Assistance Team, upon the Program POC /VAPHS Travel Assistance Team or (AOD’s) request, of the estimated time of arrival for any vehicle in- route to pick-up a beneficiary or any VAPHS loaded vehicle enroute to a specific destination. The Contractor shall also notify the Program POC, by telephone, at least one-hour in advance in the event that the Contractor is unable to provide the scheduled or unscheduled trips within the time frame necessary for the beneficiary to make their scheduled appointment time.

If the Program POC or AOD, authorizes the Contractor to transport more than one beneficiary on a trip to the same destination or separate destinations, reimbursement will be made at the rate not exceeding the cost of transporting a single beneficiary. However, the longest distance over which a beneficiary is transported may be claimed when more than one beneficiary is transported concurrently. The Contractor shall ensure that the pick-ups and drop-offs are scheduled so that the total distance traveled will result in the most economical cost to VAPHS.

7. TASK STATEMENT

Tasks performed shall be of a non-personal nature. VA organizations will not provide supervision of contractor personnel. Contractor personnel shall at no time allow an employer-employee relationship to develop with VA organizations or their staff. VA organizations will refrain from any activities that create the appearance of such a relationship.

Contractors shall not perform inherently governmental functions including decision-making, supervision of Government employees, supervision of other contractors on other contracts, and activities that create the appearance of performing such functions.

7.1 Transportation Scheduling Services:

The contractor shall provide transportation scheduling services with rideshare companies such as Uber and Lyft.

7.1.1 The contractor shall establish (1) account for VA Pittsburgh Healthcare System, Pittsburgh, PA.

7.1.2 The Government will send a list to the contractor via encrypted e-mail to include the rider names (first name, last initial), phone number, pick-up locations, pick-up times, drop-off locations, and drop-off times.

7.1.3 The Contractor shall perform a comparative analysis of available standard transportation and rideshare companies and select the lowest-priced offer per ride, provided request has been submitted at least a day prior to requested travel.

7.1.4 The Contractor shall schedule all rides in accordance with 7.1.3 and provide the confirmation of scheduled rides to the VAPHS travel assistance team within 24 hours.

7.1.5 The Contractor shall have the ability to request travel immediately upon emergency request.

Comparative analysis is not required on a same day travel request.

It is expected that the Contractor shall maintain communication with VAPHS accordingly so that any arising issues are transparent to both parties to prevent escalation of outstanding issues.

7.2 Invoicing Instructions:

Trip Sheet - The Contractor shall provide a detailed trips report, in Excel format, no later than the 5th day of each month for the previous month’s trips. This report shall be in Excel format and shall emailed to the Program POC. Trip logs must include the following:

• Report header to include Ordering Period, contract number, task order number and purchase order number

• Trip date

• Beneficiary’s name

• Trip number

• Scheduled or Unscheduled trip

• Beneficiary’s DOB

• Beneficiary’s last 4

• Origin address

• Destination address

• Time call received

• Appointment time

• Pick up – arrival time

• Pick up – departure time

• Drop off – arrival time

• Trip mileage

• Individual trip cost

• Total trips cost

Failure to provide the required billing documents on time and in the required format may result in late payment to the Contractor.

Payment to the Contractor shall be made monthly, in arrears, upon receipt of a properly prepared invoice.

Payment for services will be at the rates specified in the Price/Cost Schedule. All monthly invoices from the contractor will be electronically submitted through the Tungsten Network within 15 days following the end of the month of services rendered.

Vendor Electronic Invoice Submission Methods: Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below.

The information page for the Financial Service Center (FSC) of the Department of Veterans Affairs that includes information regarding electronic invoice submission can be referenced at:

http://www.fsc.va.gov/einvoice.asp Department of Veterans Affairs Financial Services Center PO Box 149971 Austin TX 78714-8971 Customer Support Help Desk (877-353-9791) http://www.fsc.va.gov/einvoice.asp

Invoices must be approved by the Program POC prior to payment release. Invoices without the required information will be rejected.

If the Program POC refuses an invoice due to incorrect billing, subsequent changes or corrections to the monthly invoice shall be resubmitted by the vendor with a corrected invoice. In addition to information required for submission of a “proper” invoice in accordance with FAR 52.212-4 (g), all invoices must include:

● Name and Address of Contractor

● Invoice Date and Invoice Number

● Contract Number and Obligation Number

● Name of Veteran

● Total Price

Failure to comply with all terms and conditions of this contract shall result in invoices/claims submitted for reimbursement during that period to be considered incomplete. Interest penalties imposed under the Prompt Payment Act shall not apply to incomplete invoices or invoices received after the established invoice due date.

Contractor Remittance Address: All payments by the Government to the Contractor will be made by Electronic Funds Transfer (EFT).

The contractor shall be responsible for scheduling rides and settling the accounts with the rideshare services. The Government will reimburse only for the actual costs incurred for ridesharing services and will not reimburse profit or General and Administrative (G&A) fees. Contractor shall submit screenshots/evidence demonstrating a comparative analysis was performed in accordance with task 7.1.3, and costs incurred will be reimbursed by the Government.

8.0 HIPAA Compliance:

8.1 BUSINESS ASSOCIATE AGREEMENT:

A Business Associate Agreement (BAA) is required as defined in Health Insurance Portability and Accountability Act (HIPAA), Public Law 104-191. (See Section D of the RFQ solicitation for completion)

8.2 Contractor Personnel Security Requirements:

VA Information and Information System Security/Privacy (Inserts from VA Handbook

6500.6 – Appendix C, Paragraph numbers: 3a, e, f, h, j, k, #6 (all), #7(all).

8.3 VA Information Custodial Language

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

c. If VA determines that the Contractor has violated any of the information confidentiality, privacy, and security provisions of the Contract, it shall be sufficient grounds for VA to withhold payment to the Contractor or third party or terminate the Contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated. i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/ subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705and/or Title 38 U.S.C. 7332. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/ subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

8.4 Security Incident Investigation

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

8.5 Liquidated Damages for Data Breach

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

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

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) date of occurrence;

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

(3) Number of individuals affected or potentially affected;

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

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

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

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons); MARCH 12, 2010, VA

HANDBOOK 6500.6 APPENDIX C C-11

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

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

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

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

d. Based on the determinations of the independent risk analysis; the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

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

(3) Data breach analysis;

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

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

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

8.6 Additional Information:

A Contractor Security Control Assessment (CSCA) is not required since the contractor is not storing VA data on behalf of the VA.

BAA is required, as protected health information is being disclosed to a non-covered entity.

The certification and accreditation requirements do not apply, and a Security Accreditation Package is not required.

All Contractors must receive Privacy training annually using one of the following methods:

• Complete “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information” training by using VA’s TMS system (https://www.tms.va.gov/).

Contractors may use the TMS Managed Self Enrollment method to complete the training in TMS. The Program POC must ensure that all contractors are validated in the PIH domain.

• Complete the hard copy version of “VA Privacy Training for Personnel without Access to VA Computer Systems or Direct Access to or Use to VA Sensitive Information”.

Signed training documents must be submitted to the Program POC.

Training must be completed prior to the performance of the contract and annually thereafter. Proof of training completion must be verified and tracked by the Program

POC.

8.7 Additional Security Requirement:

HIPAA-Focused Training" prior to the performance of the contract and annually thereafter. Training must be completed in VA’s Talent Management System (TMS) (https://www.tms.va.gov/). Certification of Completion is required to be provided to Program POC and CO for each employee working on this contract.

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

https://www.tms.va.gov/ https://www.tms.va.gov/

VA reminds contractors of the Department of Labor Regulations which implement the SCLS, and which read at 29 CFR § 4.115:

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

**Any/all subcontractors must meet the same criteria specified in this Performance Work Statement

9.0 SPECIAL CONTRACT REQUIREMENTS:

9.1 Reports/Deliverables: The Contractor shall be responsible for complying with all reporting requirements established by the Contract. Contractor shall be responsible for assuring the accuracy and completeness of all reports and other documents as well as the timely submission of each. Contractor shall comply with contract requirements regarding the appropriate reporting formats, instructions, submission timetables, and technical assistance as required.

9.2 The following are brief descriptions of required documents that must be submitted by Contractor: weekly; monthly; quarterly; annually, etc. identified throughout the PWS and is provided here as a guide for Contractor convenience. If an item is within the PWS and not listed here, the Contractor remains responsible for the delivery of the item.

Task Deliverable Delivery Date Submission

7.1 Rideshare Schedule At least 1 day prior

to requested travel

Program POC / Designee

7.2

Trips Report 5 Days prior to invoicing

NLT 5th day of each month for the previous month’s trips

Designee

8.6

Training

Annual

Designee / Contracting

10. QUALITY ASSURANCE SURVEILLANCE PLAN

Performance Standards define required performance for specific tasks. The Government performs surveillance to determine if the contractor exceeds, meets, or does not meet these standards.

11.1 METHODS OF SURVEILLANCE

Various methods exist to monitor performance. The Program POC or designee shall use any or several of the surveillance methods listed below in the administration of this QASP.

1. 100% Inspection (evaluates all outcomes) - Each month, the Program POC / Designee shall review all of the contractor’s performance/generated documentation and document results accordingly. This assessment shall be placed in the Program POC’s QA file.

2. Random Sample - The Program POC / Designee shall review a random sampling of the contractor’s performance/generated documentation and document your results accordingly.

This assessment shall be placed in the Program POC’s/Designee QA file.

3. Validated Customer Complaint or Validated Below Average Acceptable Performance Level (APL) in a Specific Area - Each month, the Program POC shall review the contractor’s performance/generated documentation corresponding to a validated customer complaint or validated inability to perform in accordance with the APL in a specific area and document your results accordingly. This assessment shall be placed in the Program POC’s / Designee QA file.

11.2 FREQUENCY OF MEASUREMENT

During task order performance, the Program POC will periodically analyze whether the negotiated frequency of surveillance is appropriate for the work being performed, and at a minimum shall be reviewed quarterly.

11.3 ACCEPTABLE PERFORMANCE LEVELS (APLS)

Requirement Performance Standard

Surveillance Method Outcome

Task 3 Beneficiary Transportation Requirements

The Contractor shall notify the Program POC, of any unusual events, including but not limited to accidents, safety problems, beneficiary complaints and other such incidents that may occur during transport

Customer Feedback and Complaints based on interactions with the contractor

Customer problems are resolved within the same business day; no more than 2 incidents spent by Government personnel in providing corrective feedback on unacceptable customer service/ professionalism

Task 6.1, 6.2 Project Management, Milestones, and Schedule

a. Veterans are scheduled for appointments upon receipt of travel requests. Notifies customer of potential problems 100% of the time.

100% Inspection of deliverables

Notification occurs within two business days of potential issue when known in advance or within 24 hours of urgent problems, where less than two business days exist

b. Submits Deliverables in accordance with the deliverable schedule within (+/-) one business day with no more than two incidents of performance slippage

100% Inspection of deliverables

No more than two incidents of performance schedule slippage

Task 7.2 Invoicing Instructions

Contractor shall provide a detailed trips report no later than the 5th day of each month for the previous month’s trips.

100% Inspection of deliverables

All required information included in Trip Sheet 100% of the time

11.4 DOCUMENTING PERFORMANCE

Acceptable Performance The Government shall document acceptable performance in accordance with the chart above. Any report may become a part of the supporting documentation for any contractual action.

Unacceptable Performance When unacceptable performance occurs, the Program POC shall inform the CO. This will always be in writing although when circumstances necessitate immediate verbal communication, that communication will be followed in writing. The Program POC shall document the discussion and place it in the Program POC file.

When the CO determines formal written communication is required, the Program POC shall prepare a Contract Discrepancy Report (CDR) and present it to the contractor's program manager.

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

Any CDRs may become a part of the supporting documentation for any contractual action deemed necessary by the CO.