DRAFT - PWS FY22 - VTS Taxi Services.pdf

VA Pittsburgh Healthcare System Taxi Services

Performance Work Statement

1.0 Scope:

The VA Pittsburgh Healthcare System (VAPHS) is seeking a five-year Indefinite Delivery- Indefinite Quantity (IDIQ) contract for Taxi 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

Washington 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. As approximately 50% of trips involve transportation to and from the Greater Pittsburgh International Airport, VAPHS requires that the Contractor shall possess or obtain the appropriate permit authority and telecommunications equipment to continuously operate taxis at that location.

2.0 Contract Definitions:

Administrative Officer of the Day (AOD) - 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 VA Pittsburgh Healthcare System Healthcare System 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, 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, and is a member of the vehicle inspection team.

Contracting Officer’s Representative (COR) - 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. Also acts as member of the vehicle inspection team. All contacting authority remains with the CO.

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.

Excess Cost - The difference between prices charged by another source used and the applicable Contract prices.

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).

The Joint Commission (TJC) – A national organization dedicated to improving the care, safety and treatment of beneficiaries in a health care facility and environment.

Mileage Rate – The rate the Contractor shall receive for mileage traveled while transporting a beneficiary. This rate applies to loaded, one-way transportation only. The rate charged shall be the rate set by the Pennsylvania Public Utilities Commission (PA -

PUC).

Monthly Trip Summary 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.

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

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).

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.

Waiting Grace Period - The waiting grace period is defined as fifteen (15) minutes prior to the time waiting charges commence. The base rate for services shall include a fifteen

(15) minute waiting grace period at origin and destination.

3.0 Beneficiary Transportation Requirements:

The Contractor shall provide taxi 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 Contracting Officer’s Representative (COR) shall notify the Contractor if the proposed method of communication is not acceptable.

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, Virginia, Washington DC, New York and New Jersey, the majority of the trips will be confined to Southwestern Pennsylvania, and most beneficiaries will be VAPHS beneficiaries. It may be necessary on occasion for the Contractor to extend a trip beyond normal distances due to extenuating circumstances in order to avoid lengthy beneficiary wait times for alternate transportation.

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. The Contractor shall ensure that the beneficiary is attended by an authorized responsible party at all times. The authorized responsible party may be the Contractor, VAPHS employee, or family member depending on the stage of the trip (pre-appointment, appointment, or post-appointment).

At no time shall the Contractor leave beneficiaries unattended.

Assistance in maneuvering stairs and other barriers shall be provided by the driver when necessary. These services may be provided outside the home (i.e., from the door to the vehicle). If a beneficiary needs assistance inside the home, the Transportation Coordinator/Dispatcher shall contact Home-based Primary Care or Geriatrics and Extended Care to refer the beneficiary to a home health aide. When the beneficiary is delivered to a destination (i.e., a clinic or other appointment), an authorized care giver or medical staff at the destination must be informed of the beneficiary’s arrival by the Contractor’s driver or authorized attendant.

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.) shall be communicated immediately to the VAPHS Emergency Room staff. Diversion from destination shall only be authorized by the COR, VAPHS Emergency Room staff, or the AOD. All diversions from destination, if authorized, shall be reported to the COR.

Should the Contractor’s driver encounter any problems when transporting beneficiaries, the driver shall contact the COR, 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 COR) authorized to contact the Contractor. This notification is merely for information purposes. It does not replace internal Contractor communications needed to solve the problem.

Contractor’s driver shall notify the COR, of any unusual events, including but not limited to accidents, safety problems, beneficiary complaints and other such incidents that may occur during transport. The COR shall be notified within one (1) hour of the occurrence of the incident(s) by telephone and, if requested by the COR, 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.

4.0 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.

The Contractor shall have a response time of 45 minutes for all scheduled and unscheduled trips and 20 minutes for trips originating at the Greater Pittsburgh International Airport.

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.

4.1 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.

The Contractor shall dispatch the trip to a driver who must respond within 45 minutes.

Beneficiaries shall give the taxi driver their voucher as payment for the trip. Trips must originate from Point A and end at Point B with no stops or deviations.

Drivers shall turn in their vouchers at the end of their shift in accordance with their organization’s policy.

The vouchers shall be used to track the number of trips and associated cost per trip in accordance with the contract cost schedule.

4.2 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. NOTE: Occasionally, some beneficiaries arriving at Greater Pittsburgh Airport will “walk-up” to the Contractor’s taxis to request transportation to VAPHS. The Contractor’s drivers shall accommodate beneficiaries, and notify their dispatcher of the trip.

The Contractor shall dispatch the trip request to a driver who must respond within the 45 minute response time window - twenty (20) minutes for trips originating at Greater Pittsburgh Airport.

The driver shall transport the beneficiary to a VAPHS destination.

The driver shall report to the VA Transportation Office or AOD Office to submit their copy of the trip authorization voucher.

Drivers shall turn in their vouchers at the end of their shift in accordance with their organization’s policy.

The vouchers shall be used to track the number of trips and associated cost per trip in accordance with the contract cost schedule.

Requests for add-on trips (orders placed for same day service) not initially recorded on the travel log shall be made by the VAPHS. If the Contractor fails to furnish services within a reasonable time (established as 45 minutes) after receiving an add-on 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 add-on 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 COR/VAPHS Travel Assistance Team , upon the COR/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 en-route to a specific destination. The Contractor shall also notify the COR, by telephone, at least one-hour in advance in the event that the Contractor is unable to provide the scheduled or add-on trips within the time frame necessary for the beneficiary to make their scheduled appointment time.

Waiting Time - VAPHS shall make every effort to alert the beneficiary to be ready and waiting for the arrival of the vehicle in order to reduce any lost time to the driver.

Waiting time shall not apply to the reasonable amount of time required for escorting the beneficiary to the vehicle, loading and securing the beneficiary in the vehicle, or unloading and delivering the beneficiary to the authorized care giver or specified destination. For time lost in waiting, at either end, or both ends of a trip, due to causes beyond the control of the driver, the Contractor shall be reimbursed at 30 minute increments per the schedule rate in the cost schedule. The Contractor shall call the COR and leave a voicemail (412-605-7918) after waiting 15 minutes to be reimbursed for the wait. The Contractor shall not be reimbursed if there is no phone call to the COR.

If the COR 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.

5.0 Payments and Billing:

Payment for mileage traveled shall be limited to “one way only”, which is the distance over which the beneficiary is transported. The taxi company will strictly charge by metered rates in effect and as set by the Pennsylvania Public Utilities Commission (PA - PUC) at the time of the trip. Trip rates are not negotiable. At no time during these trips should the taxi driver request ANY fees from beneficiaries. The taxi company will submit invoices monthly in arrears, based on the vouchers they receive from participants. The taxi company shall retain, and will submit upon request, copies of vouchers documenting each trip invoiced to the VAPHS. It is estimated that approximately 400 trips per month will be completed.

The Contractor shall be paid for any on-the-spot cancellation. Meaning: driver goes to the door and beneficiary, or caretaker cancels the appointment, or doesn't answer the door. After 15 minutes this is considered a dry run.

The Contractor shall be paid for the full length of the trip. Meaning: from the time the driver picks up the beneficiary until the beneficiary is dropped off at their destination.

The Contractor shall not be paid for the miles for the return trip once the beneficiary is dropped off. Meaning: once the beneficiary is dropped off the run is completed, and the return trip is considered dead miles.

The driver shall start the meter once the beneficiary enters the taxi.

The Contractor shall not be paid for any trips that do include a voucher.

Trip mileage under the contract shall be determined by using Internet web site applications such as Google Maps, Yahoo Maps, Map Quest, or other Internet mileage application.

Disputes concerning mileage discrepancies between the VAPHS, and the Contractor shall be resolved by the Contracting Officer, who will render their decision in writing, subject to provisions of the disputes clause of this contract.

The Contractor shall maintain a record of all trips (scheduled on the travel log or add-on) and provide a printed report that includes the beneficiaries’ name, date and time of the trip, mileage, and any authorized additional charges, if applicable. The trip log summary shall be used to create the charges for each billing cycle. The Contractor shall contact the COR with any questions, requests for clarification, or the need for additional information between the hours of 7:30 a.m. to 4:00 p.m.

The Contractor shall provide a detailed trips report no later than the 5th day of each month for the previous month’s trips. If detours are encountered due to road construction or other obstruction, this information should be included in the trip log. This report shall be in excel format and shall emailed to the COR at amy.tomko@va. Trip logs must include the following:

a. Activity period header and customer name

b. Trip request call date and time

c. Authorized VAPHS contact name and extension

d. Name of Dispatcher receiving the request

e. Scheduled pick-up date and time (if pre-scheduled)

f. Trip confirmation number

g. Date and time trip was assigned

h. Maps application provided distance information (mileage estimate from Google

Maps, Yahoo Maps, etc.)

i. Total fare amount

j. Driver’s name

k. List of stops (pick up and drop off addresses)

l. Date and time - Load

m. Date and time - Unload

n. Car (taxi) number

o. Contractor operating zone identification number

Spreadsheet summary (in MS Excel format) must include:

a. Date of transport

b. Time of transport

c. Beneficiary’s first and last name

d. Trip identification number

e. Fare amount

f. Total fare

g. Authorized VAPHS contact name

h. From address

i. To address

j. Cab number

k. Driver’s name

l. Irregular charge justification

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

Submission of the taxi meter voucher is not required

6.0 Contractor Vehicle Operator Requirements:

The Contractor’s drivers shall be required to wear, in an easily observable area on the employee, a Contractor supplied photo identification badge which includes the driver’s name, and the Contractor’s business name, or a company uniform, which identifies the driver while performing services. Records of each employee as to character (criminal background check performed) and physical capabilities (Health Certificate or statement of health from a private physician) must be maintained and made available to the COR upon request. The Contractor shall be responsible for appropriate driver screening and selection criteria when employing drivers. Such screening shall include but not limited to testing drivers for prohibited drug use and alcohol misuse, and criminal background checks to the maximum extent permitted by law.

VAPHS may authorize a relative, service/guide dog, or other person deemed appropriate to accompany beneficiaries that require assistance at no additional cost to VAPHS.

VAPHS reserves the right to observe Contractor customer service at any time, and to inspect all Contractor vehicles used for the contract as well drivers’ taxi credentials.

Violations may result in poor performance ratings, and/or potential loss of the contract.

The following acts are not permissible by the Contractor that provide services under this contract or while on VAPHS premises:

Use of intoxicating liquors, narcotics or controlled substances of any kind (excluding doctor’s prescriptions which do not impair driver’s driving ability) while on duty. Also includes reporting for duty while under the influence of liquors, narcotics or controlled substances of any kind.

Gambling in any form.

Smoking and other uses of tobacco while on duty. Both Beneficiaries and Contractor are prohibited from smoking in vehicle.

Carrying of firearms or other types of concealed weapons.

Resorting to physical violence to settle a dispute with a fellow employee, beneficiary, or the general public while on duty.

Use of loud, indecent, or profane language and/or making threatening or obscene gestures toward beneficiaries or other employees.

Stopping for personal business, including excessive use of restroom facilities, while the vehicle is occupied by a beneficiary. The driver shall not leave the vehicle with the keys in the vehicle at any time.

Engaging beneficiaries in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver shall contact his Dispatcher/supervisor.

Soliciting or accepting gratuities from beneficiaries, companions, or others at any time.

All Contractor’s drivers shall maintain a valid operator or chauffeur’s license, required to operate the type of vehicle necessary to perform the service, as required by the State of

Pennsylvania. The Contractor shall provide, upon request of the COR, a copy of the valid license of all drivers performing under this contract.

Contractor’s drivers shall not text message while driving. See FAR 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving” which in incorporated into FAR 52.212-5, Commercial Terms and Conditions.

VAPHS reserves the right to remove any driver from providing services under this contract at its discretion.

7.0 Vehicles:

All vehicles used in the performance of this contract shall meet all State and Local Laws, ordinances, codes, rules and regulations.

Transport vehicles shall be of model and make to provide beneficiaries with the safest and most comfortable service possible. Vehicles and all accessories and systems shall be clean and shall meet all maintenance standards set forth by the manufacturer. All preventive maintenance shall be documented, and records provided upon request by the COR. Taxis shall be designed so that beneficiaries can be restrained by a seat belt at all times when the vehicle is in motion.

All vehicles shall be equipped to allow for direct communication, at all times, between the drivers and VAPHS staff. This equipment may be a mobile (cellular) telephone, or radio dispatch device which would allow linking to VAPHS by telephone. The Contractor shall provide any devices, telephone numbers or access codes to the COR in order to comply with this provision.

All vehicles shall be equipped with properly functioning heating and air conditioning systems, with adequate capacity to maintain a comfortable cabin temperature level.

All vehicles shall be equipped with secured fire extinguishers, first aid kits, and two flashlights that are readily available and operable for use in event of an emergency. Each vehicle shall contain a minimum of two sanitary blankets.

All vehicles shall be clean and well maintained. Vehicles shall be free from physical damage, odor, debris and accumulation of excess dirt. Each vehicle shall contain a daily maintenance and safety checklist. Checklists shall be maintained by the Contractor and be made available for inspection upon request by the COR.

All vehicles shall be smoke and vape free.

The COR reserves the right to prohibit specific vehicles from being used to perform services under this contract. This determination will be at VAPHS discretion.

8.0 Contractor’s Quality Control Program (QCP):

The Contractor shall establish and maintain a QCP to ensure all contract requirements are met.

The Contractor’s QCP shall include the following at a minimum:

An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis and how often inspections will be accomplished and documented, and the title of the individual(s) who will perform the inspections.

On-site records of all inspections conducted by the Contractor noting necessary corrective action taken. The Government reserves the right to request copies of any inspection record.

The methods for identifying and preventing deficiencies in the quality of service performed before the level of performance becomes unacceptable.

The Contractor shall maintain on-site records of all vehicle maintenance and repairs performed on vehicles used in the performance of this contract.

The Contractor shall have a contingency plan in the event of vehicle damage or loss, which will maintain the required level of services.

The Contractor shall have a contingency plan in the event of a communication system failure.

The Contractor shall maintain records of all beneficiary complaints. Complaints shall be reported to the COR.

The Contractor shall participate in quarterly scheduled and/or unscheduled conference calls with the COR to discuss performance and any issues.

The Contractor shall maintain licenses and driving record information and shall make this information available for review by the COR upon request.

9.0 Performance Standards:

Contractor must maintain a 95% customer satisfaction rate per 100 trips to be considered as providing acceptable performance. Acceptable performance is considered as having no more than one (1) valid complaint per 100 trips. Validity of complaint is to be determined by the COR. Performance tracking will be monitored by the COR on a quarterly basis. (See Quality Assurance Surveillance Plan in Section N).

10.0 Contract Administration:

The Contractor shall not deviate from the contract requirements without written approval from the Contracting Officer (CO). Only the CO is authorized to make commitments to issue changes that will affect the price, quantity, quality, or delivery terms of this contract. The COR shall be the primary point of contact for all other matters. The COR is Amy Tomko, amy.tomko@va.gov.

Evidence of Insurance Coverage - Before award of the contract, the Contractor shall furnish to the CO a Certificate of Insurance that is in compliance with the State requirements for the State of contract performance. Insurance shall contain an endorsement to the effect that cancellation of, or any material change in, the policies which adversely affect the interest of the Government in such insurance, shall not be effective unless a 30-day written notice of cancellation or change is furnished to the CO.

11.0 Special Contract Requirements:

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.

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.

mailto:amy.tomko@va.gov

Service Delivery Summary: The Services Delivery Summary (SDS) represents the most important contract objectives that, when met, will likely indicate contract performance is satisfactory. Although not all PWS requirements are listed in the SDS, the contractor is expected to fully comply with all requirements in the PWS.

What Submit as noted Submit To

Para. 3.2 Dispatcher Information Within 5 days of award and any time this information changes.

COR

Para. 6.5 Contractor Driver’s Licenses and Training Records

Upon request and when new personnel are added to contract.

COR

Para. 4.1 Daily Travel Manifest The Contractor shall respond by 4:30 PM the same day with a confirmation number for each trip on the manifest

VAPHS Travel Assistance Team

Para. 8.1.2 Inspection report for all vehicles used in this contract.

Annually or Upon request COR

Para. 3.8 Beneficiary Incidents and Complaints - Incident Report

Within one hour by telephone and in writing within 24 hours

COR/designee

Para. 8.0 Contractor’s Quality Control Program

Upon Request COR/designee

Task ID Indicator Standard Acceptable

Quality Level

Method of Surveillance Incentive/Penalty

Initial Pick Up Delivery/ Wait Time

4.3 Beneficiary

must be picked up and/or delivered by the Contractor’s employees in accordance with the

PWS

timelines

Contractor shall be responsible for pick-up and delivery points, actual time of arrival at pick-up and delivery points and actual waiting time at pick-up and delivery points.

95%

Daily observation/review of trips in online portal

Negative Past Performance Rating for Failure to Comply

Environment of Care

Para.

6.0

Contractor Personnel

Contractor shall maintain on-site records that document competence/performance level of contractor employees working on this contract in accordance with Joint Commission and other regulatory requirements.

100%

Periodic Inspection of contractor on-site Competency Records for employees

Negative past performance rating and may not continue services.

Environment of Care

7.0 Vehicles and

medical equipment

Contractor shall ensure all vehicles operated and any equipment utilized under the terms of this agreement meet all established requirements defined by this contract.

100%

Periodic review of contractor on-site Vehicle and Equipment Maintenance/Inspection Records validating compliance with all State requirements.

Contractor shall be required to provide annual compliance logs for all vehicles/equipment utilized to provide service to the VAPHS.

Contractor vehicles shall also be subject to physical inspection by the VA at any time during the contract.

Negative Past Performance Rating for failure to comply.

12.0 VHA Healthcare Directives:

The Contractor shall comply with the requirements of the following VA Healthcare Directives:

Tuberculosis Screening- VHA Directive 2011-036, Safety and Health During Construction. Contractor must certify annually to the COR(s) that all Contractor employees working at VAPHS facilities have a documented screening for latent Tuberculosis within the last 12 months. If screening for latent Tuberculosis is positive, clearance from a physician is required prior to working at VAPHS.

Seasonal Influenza Vaccination - VHA Directive 1192, Seasonal Influenza Prevention Program for VHA Health Care Personnel. Contractor shall certify annually to the COR(s) that all employees working at VAPHS facilities have received a seasonal influenza vaccination.

Contractor employees that fail to meet these requirements shall not be permitted to work at VAPHS facilities.

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes

Beneficiary Safety

3.8, 7.6, 8.0

Incidents and beneficiary complaints

The Contractor shall notify the COR, within one hour by telephone and in writing within 24 hours of any complaints made by the beneficiaries or incidents with regards to transportation services.

100% Customer Feedback Negative past performance rating and may not continue services.

tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA beneficiaries shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct beneficiary contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

4. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

13.0 HIPAA Compliance:

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)

Contractor Personnel Security Requirements:

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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) as follows:

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. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above mentioned information, that contractor/subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

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.

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.

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 COR 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 COR.

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 COR.

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 COR 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.

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

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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.