OPPORTUNITIES-DESCRIPTION.pdf

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (DEC 2022)

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

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.5 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.6 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR VERIFIED SERVICE-

DISABLED VETERAN-OWNED SMALL BUSINESSES (NOV 2022)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING--

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (NOV 2022) .. 24

C.9 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (MAR 2018)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAR 2023)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998) E.2 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)

FAR 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021)

E.2 52.212-2 ADDENDUM TO FAR 52.212-2, EVALUATION, COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

E.3 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (DEC 2022)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

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 36C247 Department of Veterans Affairs

Ralph H. Johnson VA Medical Center 109 Bee Street Charleston SC 29403-5799

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] Monthly in arrears

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.

PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

12.00 MO __________________ __________________

New contract for Shuttle Service to provide transportation for patients and employees coming and going from the Charleston VAMC to the VA leased Albemarle Road parking lot.

Contract Period: Base POP Begin: 09-01-2023 POP End: 08-31-2024 coming and going from the Charleston VAMC to the VA leased Albemarle Road parking lot.

Contract Period: Option 1 POP Begin: 09-01-2024 POP End: 08-31-2025 coming and going from the Charleston VAMC to the VA leased Albemarle Road parking lot.

Contract Period: Option 2 POP Begin: 09-01-2025 POP End: 08-31-2026 coming and going from the Charleston VAMC to the VA leased Albemarle Road parking lot.

Contract Period: Option 3 POP Begin: 09-01-2026 POP End: 08-31-2027 coming and going from the Charleston VAMC to the VA leased Albemarle Road parking lot.

Contract Period: Option 4 POP Begin: 09-01-2027 POP End: 08-31-2028

GRAND TOTAL __________________

Performance Work Statement

A. GENERAL OBJECTIVES AND REQUIREMENTS

1. Title of Project: Shuttle Transportation Service for the Ralph H Johnson VA Medical Center in Charleston, SC.

2. Purpose of the Project: The purpose of this contract is to provide Shuttle Transportation Services for patients and employees of the Ralph H. Johnson VA Medical Center (RHJVAMC) between the two locations below. All transportation will start and/or end at these locations.

3. Background: Employees of the RHJVAMC have access to an employee only parking lot behind the Medical Center. The RHJVAMC is leasing a parking lot for its employees approximately 1 mile away and will need to provide transportation between the Medical Center and the parking lot between the hours of 4:30am - 11pm, Monday through Friday (excluding Federal Holidays). Employees working outside these hours will still be able to park at the Medical Center and will not require transportation.

4. Scope and Methodology: The contractor shall provide all resources necessary to accomplish the deliverables described in this statement of work (SOW), except as may otherwise be specified.

The Contractor shall provide all air-conditioned shuttle vehicles capable of carrying personnel.

The Contractor will provide reports to the Contracting Officer’s Representative (COR) as set forth under and in accordance with all terms, conditions, clauses and provisions in the solicitation.

Contractor shall provide enough vehicles to handle peak usage times and shall have a minimum of two shuttle vehicles available and operational at all times.

Peak Times: Pickup every 5-minute at each location during peak times (5:45am - 8:30am and 2:30pm - 5:30pm) between VA Medical Center at 109 Bee Street, Charleston, SC 29401 and the parking lot located at 41 Folly Road, Charleston, SC 29407.

Mid-Peak Times: Pickup every 10-minute at each location during mid-peak times (5:30pm - 8:30pm) between VA Medical Center at 109 Bee Street, Charleston, SC 29401 and the parking lot located at 41 Folly Road, Charleston, SC 29407.

Location Address Distance Apart

Corner lot – Albemarle Road and Folly Road

41 Folly Road

Charleston, SC 29407

Approximately 1.3 miles

Ralph H Johnson VA Medical

Center

109 Bee Street

Charleston, SC 29401

Approximately 1.3 miles

Non-Peak Times: Pickup every 15-minute at each location during non- peak times (4:30am - 5:45am, 8:30am -2:30pm and 8:30pm -11:00pm), between VA Medical Center at 109 Bee Street, Charleston, SC 29401 and the parking lot located at 41 Folly Road, Charleston, SC 29407.

4.1 Period of Performance:

The contract will be awarded for one (1) base year and four (4) option years at the Government’s discretion.

4.2. NUMBER OF PASSENGERS:

The number of passengers riding the shuttles throughout the day will vary. The highest concentrations will occur during these times:

1. Approximately 1600 passengers between 5:45am - 8:30am with no more than a 5-minute wait.

2. Approximately 1600 passengers between 2:30pm - 5:30pm with no more than a 5-minute wait.

4.3 RESPONSE TIME:

1. Contractor is required to provide shuttle services every (5) minutes between pick-up points during previously stated peak times, every 10 minutes during previously stated mid-peak times and every 15 minutes during previously stated non-peak times.

2. The Contractor is required to provide shuttle services at the designated time period referenced above.

If the Service Provider is aware of any delay in meeting a scheduled pick-up time, the COR shall be notified of the delay the reason for the delay and the estimated time of arrival.

4.4 WAITING TIME:

1. Contractor shall be on time for its scheduled pick-ups. VA employees shall be picked up every 5 to 15 minutes (depending on time of day) between 41 Folly Road Charleston, SC 29407 and 109 Bee Street Charleston, SC 29401.

2. In no instance is an employee to wait beyond (15) minutes after scheduled pick-up time.

4.5 REQUESTS FOR SERVICE:

If shuttle transportation services are not operating within a reasonable time frame (defined herein as every 15 minutes maximum), the VA Medical Center reserves the right to obtain the service from another Source and the contractor’s performance rating will be negatively impacted. Performance below the daily 95% on-time performance standard will be grounds for default and/or termination of contract.

Contractor is required to have available for transports, a minimum of two (2) operational shuttle at all times. However, the number of shuttles required to maintain the pickup timeframes outlined in this PWS are at the sole discretion of the contractor. Requests or changes to this contract will only be made by the

Contracting Officer. Under no circumstances shall there by any deviation of any other party. In addition, the Contractor shall not make any deviations in the route or pick up times and beyond safety is not responsible for providing direction to the staff during transport. No additional pickups outside of designated areas will be permitted.

Contractor shall immediately notify the COR of any conditions that occur, which are not reasonable and/or controllable by the Contractor (i.e. inclement weather, road hazards, etc.) and could result in a delay of shuttle or bus service. The COR in collaborating with the Contracting Officer shall make a determination as to whether such delays in service are excusable.

4.6 DRIVER’S CONDUCT:

Drivers will display professional manners at all times. Rude or obscene behavior or language will not be accepted.

The following acts are not permissible by drivers that provide services under this contract or while on VA Premises:

1. Use of intoxicating alcohol or alcoholic beverages, narcotics or controlled substances of any kind (excluding doctor’s prescriptions which do not impair driver’s driving ability) while on duty or reporting for duty while under the influence of alcohol or alcoholic beverages, narcotics or controlled substance of any kind (excluding doctors’ prescriptions which do not impair driver’s driving ability.) Any drivers conduct or behavior as described in VA Regulation 1.218(b) Department of Veterans Affairs Schedule of Offenses will not be accepted.

2. Gambling in any form.

3. Smoking and other uses of tobacco while on duty. VA Employees and or Contractor staff are prohibited from smoking on shuttles.

4. Carrying of pistols, firearms, or open or concealed weapons of any kind.

5. Resorting to physical violence to settle a dispute with a VAMC employee, patient, or general public while on duty.

6. Spitting in prohibited places or any other unsanitary, offensive or insensitive practices or behavior.

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

8. Stopping for personal business, including excessive use of restroom facilities, while shuttle is occupied by a passenger. The driver shall not leave the shuttle with the key in the ignition at any time.

9. Engaging customers in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver is to contact his dispatcher/supervisor via the radio system.

10. Soliciting or accepting tips from customers or others at any time.

11. Contractor shall ensure that the shuttle is smoke free at all times.

12. Driver is prohibited from texting while driving.

13. All driver records will be checked periodically (quarterly, bimonthly, etc.) to ensure they have not accumulated additional points, after the onset of the contract.

4.7 COMMUNICATION SYSTEM:

The Contractor’s Communication System shall consist of:

1. Telephone System

2. The Contractor must have telephone coverage to accept calls from Charleston VA Medical Center during the hours of 6:00 AM to 11:00 PM.

3. The Contractor shall ensure the availability of mobile radio and/or cellular telephone communication with all shuttles providing transportation service at all times.

4.8 SPECIAL REQUIREMENTS:

1. When conditions, neither foreseeable and/or controllable by the Contractor occur, such as but not limited to severe storms, flooding, hazardous road and travel conditions, time and distance requirements shall be considered secondary to safety precautions. Delays or exceptions to the required quality of services will be reported to the COR. The COR in conjunction with the Contracting Officer will make a determination as to whether such delays in service will be excused.

2. Contractor will immediately report all medical incidents and accidents, including those where there is no apparent injury to shuttle riders. A written report from the driver documenting the facts of the incident/accident must be provided to the VA Medical Center within 24 hours of the occurrence. The written report will include the names, addresses, and telephone numbers of any witnesses as well as any applicable Police Reports. Any accident involving major damage, serious personal injury or loss of life shall be reported to the COR immediately. Records shall be kept for three (3) years for each accident a shuttle is involved in, including the repair work required to return the shuttle to service.

3. At the end of each drop off at the medical center, the driver will inspect the vehicle for any leftover materials and turn them in immediately to lost and found (Voluntary Service) unless it’s contraband which is turned over to the VA Police Office.

4.9 SERVICE DISRUPTION:

The Contractor shall report to the COR all shuttle breakdowns or other problems, which may cause service disruptions immediately. When a breakdown occurs, it is the responsibility of the Contractor to provide back-up shuttles to minimize any delay or inconvenience to the customer(s).

Contractor shall provide backup vehicles to minimize any delay in transporting the employees or patients.

4.10 PROVISION OF SERVICES:

1. The Contractor shall maintain a 95% on-time performance standard daily. Trips will be considered “on-time” if they arrive at the destination on or before the scheduled arrival time.

2. Drivers shall wear appropriate attire with a picture identification badge that clearly identifies the company they work for and the contract employee’s name.

3. Drivers will be required to assist employees or patients on or off the shuttle/bus as necessary.

4. Driver shall ensure that employees or patients are seated prior to transportation beginning from a location.

5. Contractor shall immediately notify the COR of any vehicle breakdowns or other problems that can result in service disruption.

6. Contractor’s performance shall be in conformance with the contract and all applicable Federal, state, and local laws to include Department of Transportation, 49 CFR, Parts 27, 37, 38, 571 and VA Standards.

All regulations of the State Public Service Commission (PSC) (of where the Contractor’s facility is located) governing the control, operation of and licensing of the transportation contractor are incorporated herein by reference. All records submitted to and/or compiled by the Contractor regarding vehicle inspections, safety, maintenance records, and manifests, etc. may be reviewed prior to awarding a contract and periodically throughout the life of the contract.

7. All drivers must successfully complete a background investigation.

4.11 DRIVERS LIST:

The Contractor shall provide the COR a list of all drivers, utilized for this contract by the fourth day of each month. The Contractor shall ensure that all drivers providing services under this contract will have less than five (5) current points on their driver’s license, none of which were assessed for “Reckless Driving.” VA Medical Center Charleston reserves the right to order the removal from service under this contract, any driver who violates the provisions of this section. Contractor shall provide a copy of the state driver’s license as supporting documentation.

4.12 CERTIFICATION OF INSURANCE COVERAGE:

Before award of the contract, the Contractor shall furnish to the Contracting Officer a Certificate of Insurance (see FAR Clause 52.228-10) containing an endorsement to the effect that cancellation or any material change in the policies which adversely affect the interest of the Government, shall not be effective unless a thirty (30) day written notice of cancellation or change is furnished to the COR. The term “will endeavor” is not acceptable as issued by the Insurance Carrier.

4.13 CONTRACTOR EQUIPMENT AND VEHICLES:

The Government reserves the right to inspect Contractor equipment and vehicles, or require documentation of compliance with contract specifications. Such an inspection if conducted does not constitute a warranty by the Government that the Contractor’s vehicles and equipment are properly maintained. The Government reserves the right to restrict the Contractor’s use of equipment and vehicles which are in need of repair, unclean, unsafe, damaged on the interior or exterior body, and are not in compliance with contract specifications. The restriction of such equipment and vehicles shall not relieve the Contractor from providing all required services as defined herein. The Contractor shall transport beneficiaries in vehicles (for the required purpose) that meet the specifications identified herein. Vehicles and equipment used in performance of this contract shall be as follows:

1. All vehicles shall meet current applicable Federal, State and local specifications and regulations including, but not limited to, licensing, registration, insurance coverage and safety standards. Licensing by the State of South Carolina is required. Vehicles shall also meet any city or county requirements as mandated by these agencies.

2. Vehicles shall be clean and in good repair at all times during the performance of this contract.

3. Vehicles shall undergo continual preventive maintenance as per manufacturer’s recommendation.

4. All vehicles shall be equipped with a cellular phone that will be operational at all times during contract performance. Vehicles shall meet or exceed all applicable Federal, State and local regulations in regard to chauffeuring paying clients.

This shall include all Department of Transportation requirements:

The shuttle vehicles and their equipment and supplies must be of the quality, model and condition to assure the high-quality transportation and shall meet the minimum standards for maintenance, equipment and staffing of all shuttles operated. Shuttles must have adequate straps and seat belts necessary to secure employees or patients. The Contractor shall maintain a record of preventive maintenance of all shuttles being used for service to the VA. Shuttles and maintenance records will be made available to the VA for quarterly inspections or whenever the COR feels such inspections are needed.

4.14 VEHICLE SPECIFICATION:

All shuttle vehicles under the terms and conditions of this contract shall be licensed and meet the minimum vehicle requirements as mandated by the Department of Transportation in the State of which the vehicle is operated (SC).

All shuttles shall have the following:

1. Contractor shall provide a list of all shuttles utilized on this contract to the COR. The list shall include shuttle vehicle identification numbers and insurance certificates prior to providing service.

2. Contractor shall submit vehicle list to the COR by the fourth day of every month.

3. The shuttle vehicles under the terms and conditions of this contract shall be licensed and meet the minimum vehicle requirements as mandated by the Department of Transportation in the State which the vehicle is based (SC).

4. Vehicles shall have a functioning speedometer which indicates speed in miles per hour (MPH) and a functioning odometer which indicates distance correctly in tenths of a mile.

5. Vehicles shall be equipped with operational heating and air conditioning systems. Contractor shall not operate a shuttle for pick-up if the AC system is inoperable and the temperature is forecasted to exceed 70 degrees Fahrenheit. Shuttles shall not be used for transportation service until AC system or heating has been repaired. Shuttle vehicles shall not have grime, oil or other substances, cracks, breaks, dents, and damaged point that noticeably detracts from the overall appearance of the shuttle vehicle.

6. Shuttles shall have all body molding in place, or if removed, holes shall he filled and painted.

7. Shuttles shall have passenger compartments that are clean and empty.

8. Shuttles shall not have torn upholstery or floor coverings, damaged or broken seats, sharp objects or edges that are protruding, or insects and vermin.

9. Shuttles shall have windows and doors, which can be opened and closed in accordance with manufacturer standards.

10. Shuttles or buses shall meet all safety and mechanical standards established Federal, State and local statutes and regulations.

11. Shuttles shall have flares and reflective emergency cones or similar devices in the event of a breakdown.

12. Shuttles shall not have advertising displayed on them except for the company information (i.e., company logo, company license number etc.).

13. Shuttles or buses must have pull out or automatic steps that are attached to the vehicle. If not automatic the driver must pull out and replace before leaving at each drop off station. Each vehicle is required to have on hand a step-stool in case the automatic steps become inoperative. The driver must place these steps at each stop prior to pick up or discharge of passengers

4. 15 VEHICLE INSPECTIONS:

1. The COR shall inspect all vehicles that are to be utilized in the performance of this contract. These inspections shall be conducted:

a. Prior to contract start.

b. At the beginning of each contract period.

c. Before each initial use of a vehicle that is added to the monthly list

d. Quarterly throughout the life of the contract.

e. Whenever the COR determines an inspection is warranted.

2. Contractor shall not use any vehicles for this contract that do not pass inspection.

3. COR shall contact the Contractor to coordinate the date, time, and location for inspections.

4.16 INSPECTION PRIOR TO AWARD:

The right is reserved to thoroughly review the business reputation and other qualifications of any offeror and to reject any offer, irrespective of price that is deemed substandard. VA Medical Center Charleston (COR) reserves the right to inspect all shuttle vehicles prior to award. If any equipment is added subsequent to contract award, it shall be inspected and approved by the Contracting Officer and/or Contracting Officer Representative before being placed in use under this contract. The Government reserves the right to inspect any shuttle used to provide transportation services under this contract and reject equipment, without advance notification which is found to be in a condition or equipped in a manner which does not comply with contractual provisions. Such suspensions will be effective at the time of arrival of such equipment, or at the time the Contracting Officer notifies the contractor that deficiencies have been reported.

4. 17 COMPLAINTS HANDLING:

The COR will monitor the service provided. The Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. The Contractor shall refer complaints received directly from the customer(s) to the COR. All complaints received by the COR and forwarded to the Contractor shall be investigated promptly. After investigation and disposition, the Contractor shall respond to the COR within five (5) working days after receipt by the Contractor.

B. TASKS AND ASSOCIATED DELIVERABLES

1. Description of tasks and associated deliverables

1.1 CHANGES TO CONTRACT:

1. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized, to the extent indicated in this contract, to take action on behalf of the Government, which may result in changes in the contract terms, to include deviations from the statement of work, details, and performance schedules.

2. Communications pertaining to contractual matters shall be addressed to the Contracting Officer. No changes in or deviation from the scope of work shall be effected without a written modification to the contract executed by the Contracting Officer. No oral statements by either party will in any manner modify or otherwise affect the terms and conditions associated with this contract.

3. The Contracting Officer does, however, reserve the right to designate one or more representatives to act in a capacity of furnishing technical guidance and advice, or generally monitor contract performance performed under this agreement. A copy of the Contracting Officer Representative (COR) designation shall be furnished to the Service Provider.

1.2 QUALITY CONTROL PROGRAM:

Contractor shall establish and maintain a complete Quality Control Program (QCP) to assure that the requirements of this contract are provided as specified. Contractor shall identify his management concept for ensuring compliance with all contract requirements. Contractor shall furnish 2 copies of the Quality Control Plan with their proposal. The Contractor’s QCP shall include at a minimum the following:

1. An inspection plan outlining all services defined in this contract. The inspection plan must specify the areas to be inspected on both a scheduled and unscheduled basis, how often inspections will be accomplished, and the title of the individual(s) who will perform inspections.

2. The QCP shall include the methods for identifying and preventing deficiencies in the quality of services being performed before the level of performance becomes unacceptable.

3. The QCP shall have on-site records of all inspections conducted by the Contractor and corrective action taken.

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

1.3 MISCELLANEOUS:

The Department of Veterans Affairs (VA) will not be responsible for providing items that normally would be used or required for the safety, or necessity of the employee or patients being transported.

1. At no time will the Contractor leave shuttles on VA premises outside of the designated performance hours.

2. Contractor employees shall conduct themselves in a professional manner at all times while on VA premises.

3. In case of a disaster, natural or manmade, Contractor will be required to utilize all its resources to assist in the emergency transport of employees or patients either to or from their vehicles to the VA Medical Center

1.4 PAYMENT:

Payment will be made monthly in arrears within 30 days after receipt of the proper invoice.

1.5 SERVICES:

The contractor agrees to provide all services specified in this contract for any person determined eligible by the VA regardless of race, creed, color or national origin of the person for whom such services are requested.

1.6 COMPLAINTS AGAINST DRIVERS:

Complaints against driver behavior or professionalism will be submitted to VA Medical Center Charleston (COR) and may result in VA Medical Center Charleston requiring Contractor to remove offending driver(s) from service. Drivers who accumulate five (5) unrelated, substantiated complaints in a 12-month period shall be prohibited from providing any further services under this contract.

1.7. CONTRACTING OFFICERS REPRESENTATIVE (COR):

The designated COR for this contract will be disclosed to the awardee of the contract. His/her duties will include monitoring the performance of this contract, and he/she will also be authorized to request and accept or reject services performed as to quality and condition. A copy of the COR Appointment will be furnished to the Contractor. The COR will be the primary contact for the Contractor at the VA.

Upon award, Contractor will provide a primary point of contact to COR and Contracting Officer for the COR to coordinate the daily operational issues.

1.8. EMPLOYEE WELFARE:

The Government expects the successful offeror to exercise extreme caution and care when transporting employees. Any abuse of an employee will be grounds for default action or termination of contract. The VA reserves the right to bar any driver from transporting VA employees should he/she violate any terms of this contract.

1.9 UNACCEPTABLE PERFORMANCE:

When Contractor performance does not meet the specifications and requirements of this contract, the COR or designee will submit written documentation to the Contracting Officer explaining how performance is considered to be unacceptable. This information should be provided to the Contracting Officer within three (3) business days after each occurrence. The contractor shall be in default when services are not performed within the time frame required under this contract and the Contracting Officer determines that the failure to perform was within the Contractor’s control and arose from the Contractor’s fault, lack of attention, or negligence. The Government’s acceptance of services not performed within the time frame required under this contract does not substitute a change in delivery requirements, nor does it relieve the contractor from any liabilities contained in this contract.

1.10 CONTRACTOR QUALIFICATIONS:

1. Offers will be considered only from Contractors who are financially responsible, and have the necessary equipment and personnel to furnish service in the volume required for all services under this contract. Successful Offerors shall meet all requirements of federal, state and/or city codes regarding operations of this type of service.

2. Prior to contract performance, Contractor shall submit to the COR the following:

(a) List of all vehicles and identification number(s) (new vehicles must he reported before using) (Required at the pre-work conference).

(b) Vehicle type and model.

(c) Proof of insurance.

(d) Inspection report of all vehicles

(e) All required business licenses.

(f) Copy of individual valid operator or chauffeur license for drivers. (Required at the pre-work conference)

(g) A recent (within sixty days) copy of each driver’s state driving record obtained from the SC State Department of Motor Vehicles. (Required at the pre-work conference)

(h) A personnel roster identifying all Contractor personnel who will be performing contract services. In this document, the Contractor shall identify the name, position title, and work assignment area of each employee. (Required at the pre-work conference) Thereafter, all changes shall be submitted within two

(2) business days after changes occur.

(i) Provide evidence of required training, certifications, licensing and any other qualifications for any personnel performing contract services. (Required at the pre-work conference)

1.11 CONTRACTOR PERSONNEL QUALIFICATIONS:

a. All Contractor personnel performing services under this contract shall meet the qualifications specified in this contract as well as any qualifications required by Federal, State, County and local Government entities from the place in which they operate. Contractor personnel shall meet these qualifications at all times while performing contract services.

(1) During the contract period of performance, if the Contractor proposes to add on personnel to perform contract services, the Contractor shall submit the required evidence of training, certifications, licensing, and any other qualifications to the Contracting Officer. The Contractor shall not use such add-on personnel to perform contract services until qualifications are reviewed and approved by the COR or Contracting Officer. The Contractor shall not utilize personnel to perform contract services who do not meet the required qualifications for the services they perform.

(2) After Contractor’s personnel, have successfully completed training, the Contractor shall submit evidence of completion to the COR.

b. Contractor is responsible for ensuring that all drivers providing service under this contract have a valid driver’s or chauffeur’s license as required by the state of S.C. The Contractor shall maintain a record of each employee as to the character, current driving records and physical capabilities of performing the duties of a shuttle driver. This record will be made available for inspection upon request by the Contracting Officer or the Contracting Officer’s Representative (COR).

1.12 PERFORMANCE STANDARDS:

d. The Contractor will meet or exceed all regulatory agency requirements including employee confidentiality and safety standards.

R

Required Service Task

K Performance Standard

Acceptable Quality Levels

Methods of Surveillance

Safely transport passengers in a timely manner per the

PWS

Vehicles will be provided for transportation at

95% rate of being on time.

Monitored by

COR and complaints from riders

Drivers conduct themselves in a professional manner in performance of their duties no less than 5/10/15 minute intervals as outlined in the PSW

Drivers must provide professional and courteous service to all authorized riders

No more than 5 minor complaints or one Major complaint involving a passenger per month

COR monitoring and substantiated rider complaints

(Tasks)

2. Reporting Requirements

2.1. REPORTING (PICK-UP. DELIVERY, DEPARTURE):

1. All drivers will be required to report to the COR any time a pick-up, delivery, or departure is delayed.

2. All records submitted to and/or complied by the Contractor regarding vehicle inspections, safety, maintenance records, or other reports may be reviewed prior to contract award and shall be made available for the COR and the CO periodically throughout the term of the contract.

3. Drivers will maintain a daily log of all stops to include the following information:

a. Location

b. Time of departure and arrival at the next stop.

c. Number of passengers picked up.

d. Number of passengers, if any, which were not able to be picked up due to vehicle capacity.

4. Logs are to be submitted to the COR on a daily basis during the first 60 days of the contract and weekly thereafter.

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (DEC 2022)

(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 Federal Acquisition Regulation (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 FAR 32.608-2 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. 4701 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

PRODUCTS AND COMMERCIAL SERVICES

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 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

(End of Clause)

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS…