RFQ 36C24523Q0143.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C24523Q0143 12-09-2022

DanFeng Lu 410-691.1141 12-23-2022

13:00 EST

Department of Veterans Affairs

VISN 5 Contracting

849 International Drive

Linthicum MD 21090

X 100

X

485999

$16.5 Million

N/A

X

Department of Veterans Affairs

Hershel Woody Williams VA Medical Center

1540 Spring Valley Dr

Huntington WV 25704

Department of Veterans Affairs

VISN 5 Contracting

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment

Invoice must be submitted electronically http://www.fsc.va.gov.einvoice.asp

Invoice Setup Information 1-877-489-6135

See CONTINUATION Page

The contractor shall provide scheduled and unscheduled wheelchair or ambulatory transport twenty-four (24) hours per day, seven (7) days per week to VA beneficiaries receiving care at the Hershel "Woody" Williams VA Medical

Center in accordance with the Statement of Work.

Period of Performance: February 1, 2023 - January 31, 2028

Questions are due by December 16, 2022 by 1:00PM EST

Proposals are due by December 23, 2022 by 1:00PM EST

See CONTINUATION Page

X X

X 1

Mark Smith

Contracting Officer

36C24523Q0143

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 SINGLE AWARD TASK ORDER CONTRACTS (SATOC)

B.3 STATEMENT OF WORK

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2021)

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

C.3 52.216-18 ORDERING (AUG 2020)

C.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.7 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.8 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.9 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.10 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.11 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

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

C.13 VAAR 852.237-80 HEALTH DEPARTMENT AND TRANSPORT PERMITS (OCT

2019)

C.14 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 74

C.15 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.16 MANDATORY WRITTEN DISCLOSURES

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 WAGE DETERMINATION

D.2 VHA SUPPLEMENTAL CONTRACT REQUIREMENTS FOR COMBATTING

COVID-19

SECTION E - SOLICITATION PROVISIONS

E.1 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.3 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2021)

E.4 SUPPLEMENTAL INSTRUCTIONS TO OFFERORS

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020)

(DEVIATION)

E.7 52.216-1 TYPE OF CONTRACT (APR 1984)

E.8 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.9 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

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 36C245 Department of Veterans Affairs VISN 5 Contracting

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.

Invoice must be submitted electronically:

http://www.fsc.va.gov.einvoice.asp

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

AMENDMENT NO DATE

B.2 SINGLE AWARD TASK ORDER CONTRACTS (SATOC)

Quantities listed are estimated only and are not guarantees.

This is a Fixed Price Indefinite Delivery Indefinite Quantity (IDIQ) Contract. Accordingly, funds are not obligated on this contract at award; rather, funds are obligated via task orders issued against the contract. Task orders shall only be issued by a warranted VA Contracting Officer (CO). VA CO will issue task orders to the contractor authorizing services via Standard Form 1449. Each task order shall clearly identify the dollar amount authorized under the individual task order and the period of performance of the individual task order. When a task order period of performance is completed, additional services shall not be provided unless a new task order is issued in accordance with this IDIQ.

The minimum dollar amount guaranteed under this contract for the performance period of five years is $2,500.00. The maximum dollar amount or contract ceiling for this contract is $6,950,000.00. The maximum amount is not guaranteed. The combined total of all orders placed against this contract cannot exceed the maximum amount/ceiling of this contract.

B.3 STATEMENT OF WORK

Wheelchair Van and Hired Car Services for the Hershel "Woody" Williams VAMC

1.0 General

1.1 Background

The mission of the Hershel “Woody” Williams VA Medical Center is to provide patient care. The mission of the Transportation Department is to provide non-emergent medical transport for Veteran patients and their beneficiaries. This acquisition is to provide

Wheelchair Van and Hired Car services for these patients.

1.2 Objective

This acquisition is to provide Wheelchair Van and Hired Car services to Veteran patients and their beneficiaries receiving care and healthcare support from the Hershel "Woody"

Williams VA Medical Center located in Huntington, WV, and its surrounding clinics. The

Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.3 Scope of Work

The Contractor must provide all equipment, personnel, supervision, and support to provide these services. All services will be provided in accordance with the terms and conditions of any resultant contract, applicable federal and state regulations, and industry accepted quality standards highlighted in this SOW. The contractor is to furnish

24-hour wheelchair van and hired car transportation service to the beneficiaries of the

Hershel "Woody" Williams VA Medical Center, to include all weekends and federal holidays.

1.3.1 Vehicle Fleet

To meet the requirements of this contract, sufficient vehicles must be available to furnish the services required. All vehicles used to transport patients in wheelchairs must be equipped with a wheelchair lift that is in compliance with VA requirements (see attached list of VA approved lifts). The vehicle must also have a wheelchair lockdown system, a

70” doorway clearance, a 15” raised roof (minimum clearance) on all vans transporting wheelchair patients. There must be sufficient clearance inside the vehicle to accommodate high backed wheelchairs. All passenger locations in all vehicles transporting VA patients will have both lap and shoulder restraint systems. If transporting veterans in electric mobility carts, the cart should be secured the same as a wheelchair and the patient should be seated in a seat and properly secured. A fire extinguisher shall be in each vehicle and checked monthly to ensure it is in proper working condition. All vehicles shall be a smoke-free environment.

1.3.1.1 Inspection

Initial inspection of all vehicles to be utilized in the performance of this contract will be prior to contract award and at the beginning of the contract period for each ordering year. All vehicles will be inspected by VA personnel. Any vehicle that does not meet the requirements of this contract cannot be utilized in the performance of this contract. Any vehicle that has not been inspected at the beginning of the contract period and is anticipated to be utilized must be inspected by VA personnel prior to utilization. The

Contractor shall notify the Contracting Officer’s Representative (COR) and a date and time for inspection must be determined.

1.3.1.2 License

All vehicles provided under this contract will be licensed and meet those requirements mandated by the West Virginia Department of Health and Transportation, local requirements, and all federal standards in effect at the time the contract is awarded.

1.4 Period of Performance

The period of performance on this Indefinite Delivery/Indefinite Quantity contract is five

(5) years, from February 1, 2023 through January 31, 2028. The contract is subject to the availability of VA funds. The contractor shall perform no service after January 31th, each year, until the contracting officer authorizes such services in writing.

1.5 Place of Performance

The Contractor shall provide Scheduled and Unscheduled wheelchair or ambulatory transport twenty-four (24) hours per day, seven (7) days per week to VA beneficiaries receiving care at the Hershel "Woody" Williams VA Medical Center. Upon request by the VA, the Contractor shall transport VA beneficiaries from their place of origin to the beneficiaries’ place of treatment and return to beneficiary’s place of origin, unless otherwise specified. All vehicles, personnel, and services rendered by the Contractor shall conform to all federal, state, and local statutes, rules, and regulations; specifically, for the states of West Virginia, Kentucky and Ohio. The average mileage per transport is approximately 35 miles.

1.6 General Information

1.6.1 Quality Control

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which they assure that their work complies with the requirement of the contract. The Quality Control Plan is to be delivered to the Contracting Officer within 30 days after contract award or with the

Contractors proposal.

1.6.2 Quality Assurance

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.6.3 Hours of Operation

The Contractor is responsible for conducting business twenty-four (24) hours a day, every day of the week and on holidays, except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings; at which time the Contracting Officer will provide further direction. The Contractor must always maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4 Type of Contract

The government will award a Firm Fixed Price Single Award Indefinite Delivery/Indefinite

Quantity contract.

1.6.5 Post Award Conference/Periodic Progress Meetings

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition

Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative

(COR), and other Government personnel, as appropriate, may meet periodically with the

Contractor to review the Contractor's performance. At these meetings, the Contracting

Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.6 Contracting Officer (CO)

The Contracting Officer is the only person authorized to approve changes or modify any of the requirements of this contract. The Contractor shall communicate with the

Contracting Officer on all matters pertaining to contract administration. Only the

Contracting Officer is authorized to make commitments or issue changes that will affect price, quantity or quality of performance of this contract.

1.6.7 Contracting Officer Representative (COR)

The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance:

maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including

Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the

Contractor, states the responsibilities and limitations of the COR, especially regarding changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.8 Contract Performance & Monitoring

The Government may evaluate the quality of professional and administrative services provided, but retain no control over the medical, professional aspects of services rendered (e.g. professional judgments, diagnosis for specific medical treatment), in accordance with FAR 37.401(b).

1.6.8.1. The Contractor will develop a quality assurance program and will provide such information to the COR on a quarterly basis. The quality assurance program will be mutually agreed upon at the beginning of the contract and may be modified by either party but the VAMC retains final approval of any modifications. The COR has responsibility for validating the data provided by the

Contractor. The Contractor is advised that only the Contracting Officer has the authority to make changes to the contract. After contract award, any incidents of non-compliance as evidenced by the monitoring procedures shall be forwarded immediately to the Contracting Officer.

1.6.8.2. The COR shall furnish a statement in writing to the Contracting Officer at close of the contract to include a summary of Contractor actions and a statement that all requirements of the contract were fulfilled as agreed.

1.6.8.3. The Contractor shall permit on-site visits by VA personnel and accrediting agencies to assess contracted services, e.g., adequacy, compliance with contract requirements, and record keeping if applicable. The Contracting

Officer Representative (COR) maintains vendor certificates and contract records.

State driving records, license verification, training and insurance are to be reviewed by the COR on an annual basis prior to the exercise of each ordering year. The COR must conduct a review prior to the assignment of a new contract driver, upon an accident event, and at any other time at the discretion of the

COR.

1.6.11 Organizational Conflict of Interest

Contractor and personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5.

The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI.

The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the

Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.7 Applicable Documents

63 FR 8987

70 FR 4858

FAR 9.5

FAR 37.401(b)

FAR 42.5

FAR 52.224-1

FAR 52.224-2

FAR 52.212-5

HIPPA

OMB Circular A-130

Privacy Act of 1974

Public Law 104-191

2.0 Specific Requirements/Tasks

2.1 Orders

2.1.1 Requests for service will be made in writing or by telephone. Only VA authorized personnel are authorized to place orders. Private agencies, i.e., nursing homes, are not considered authorized personnel. The Contractor will not alter determination of the mode of travel. A list of all authorized personnel will be forwarded to the contractor upon award of the contract.

2.1.2 A log will be maintained listing all pertinent information regarding patient transport such as date and time of request, patient’s name and SSN, Contractor name, mode of transport, etc. A log will be maintained in the Travel Office and/or designated area.

2.1.3 If the Contractor fails to provide hired car or wheelchair services within a reasonable time, normally -30- minutes after receiving a request, the VAMC reserves the https://www.govinfo.gov/content/pkg/FR-1998-02-23/pdf/98-4399.pdf https://www.govinfo.gov/content/pkg/FR-2005-01-31/pdf/05-1620.pdf https://www.acquisition.gov/far/subpart-9.5 https://www.acquisition.gov/far/37.401 https://www.acquisition.gov/far/subpart-42.5 https://www.acquisition.gov/far/52.224-1 https://www.acquisition.gov/far/52.224-2 https://www.acquisition.gov/far/52.212-5 https://www.govinfo.gov/content/pkg/CRPT-104hrpt736/pdf/CRPT-104hrpt736.pdf https://www.govinfo.gov/content/pkg/FR-2016-07-28/pdf/2016-17872.pdf https://www.govinfo.gov/content/pkg/USCODE-2018-title5/pdf/USCODE-2018-title5-partI-chap5-subchapII-sec552a.pdf https://www.govinfo.gov/content/pkg/PLAW-104publ191/pdf/PLAW-104publ191.pdf right to obtain the service from another source and charge the Contractor with any excess cost which may result there from.

2.1.4 When the Contractor has been notified in advance of a scheduled run and service is not provided within -15- minutes after the scheduled time, the VAMC reserves the right to obtain the service from another source and charge the Contractor with any excess costs which may result there from.

2.1.5 The VAMC will be the sole judge of determining when to order service from another source. However, in no instance will the Contractor be required to furnish more than three (3) cars and six (6) wheelchair vans at any given time. Only one (1) car and one (1) wheelchair van will be required between the hours of 10:00 p.m. and 5:00 a.m.

2.2 During Transport

2.2.1 Completed Trip

When wheelchair van or hired car service under the terms of this contract involve pickup of a patient who is to be taken to this hospital, or to another hospital or clinic for hospitalization or treatment, the trip will be considered completed when the patient is delivered by the hired car personnel to the admitting service, and/or a particular ward of the hospital, as may be specified by the doctor is charge of Admitting Service.

2.2.2 Toll Charges

It is agreed and understood that the price quoted in the Schedule includes any ferry, bridge, tunnel, or road toll charges. If the Contractor’s place of business is located beyond the local telephone call zone of the VAMC, the Contractor agrees to accept telephone orders for service on a collect basis, or provide a toll-free telephone number.

2.2.3 Escort

An authorized official of the Department of Veterans Affairs Medical Center may, in the interest of the patient, allow a caregiver to accompany him/her at no extra charge to the

Government.

2.2.4 Companions & Luggage

The following items may accompany the patient at no extra expense: one companion, three pieces of luggage, and one wheelchair (manual or electric).

2.2.5 Accidents and Emergencies

In the event of an obvious or suspected injury to the patient or his/her companion, the driver shall call 911, if available, or contact emergency medical services. Care and transport will be in accordance with Emergency Response policy. The Contractor shall provide the drivers with either a cellular phone or a two-way radio for communication in emergency situations. In any event of accident, the VA should be contacted as soon as possible giving the name of patient/s and/or companions, patients SSN, and an account of what happened and to what hospital, if any, VA beneficiaries are being transported. It is requested that a copy of the accident report be forwarded to Mobility Manager, Travel

Office, Department of Veterans Affairs, 1540 Spring Valley Drive, Huntington, WV

25704. Any traffic fines are the responsibility of the Contractor.

2.2.6 Patient Welfare and Abuse

2.2.6.1 The Contractor shall be held responsible for the patient welfare during transport. The Contractor shall be held responsible for patient and/or

Government property during transport. Any damaged or lost wheelchairs, walkers, crutches, or personal belongings will be replaced at the Contractor’s expense.

2.2.6.2 The Government requires the Contractor to exercise extreme caution and care in the handling of patients. Any abuse of patients will be grounds for default action or immediate termination of the Contract.

2.2.6.3 The Contractor must take into consideration that he/she will be transporting ill patients. Drivers of vehicles are required to observe speed limits, vehicles should be swept clean and the exteriors washed periodically, and drivers will refrain from smoking. Drivers are to escort patients in need of assistance to and from point of pick-up and destination.

2.2.6.4 All of the Contractor’s employees will be required to sign a Department of

Veteran Affairs’ confidentiality statement and it is the responsibility of the

Contractor to assure these statements are kept current.

2.2.7 Meals

When patients will be traveling during mealtime in a hired car or wheelchair transportation, the Contractor shall provide meals for the patient. The cost of the patient’s meal shall be listed as a separate item on the Contractor’s invoice and shall be supported by a receipt for the patient’s meal from the restaurant. No payments for meals will be made unless a copy of the receipt is furnished by the Contractor. The maximum amount authorized for any one meal is $8.00. The Contractor will be notified at the time the call for service is made if patients are authorized to receive meals. No meals will be reimbursed unless authorized by the VAMC.

2.2.8 Number of Patients

It is understood and agreed to that three (3) patients may be transported on a trip.

When more than three patients are transported on a trip, reimbursement will be made at the rate not exceeding the cost of transporting a single patient. However, when travel beyond the -35- mile radius is involved, the longest distance over which a patient is transported may be claimed when more than one patient is transported in a single hired care concurrently. Contractor must ensure that the pick-ups and drop-offs are scheduled so that the total distance traveled will result in the most economical charge to the Government.

2.2.9 Waiting Time

Waiting time shall not begin until 15 minutes after the designated pick-up time.

However, if the contractor’s driver arrives earlier than the specified time, it is not considered waiting time for the purposes of payment. For the time lost in waiting at either or both ends of a trip due to causes beyond his/her control, the Contractor will be reimbursed at the rate of one-fourth (1/4) the hourly rate quoted in his/her bid for each quarter hour or fraction thereof in excess of one-quarter hour from the time he/she reports to the designated person. If the pick-up is at other that the VAMC the Contractor will call the Travel Office or Administrative Officer of the Day on duty as soon as he/she anticipates that a delay may develop for whom he/she expects to claim reimbursement to obtain prior authorization for waiting time charges. This call is only for the purpose of verifying his/her arrival time at the pick-up point and is not necessary if the Contractor anticipates no delay for which he/she will be reimbursed.

2.3 Training

2.3.1 Contracted agency shall be responsible for supervising the daily services provided under this contract; and shall provide and document orientation and training programs for all employees regarding safety, equipment management, and patient confidentiality appropriate to the service provided.

2.3.2 The contracted agency shall have written policies and procedures regarding staff credentials.

2.3.3 Contracted agency shall provide orientation to designated staff regarding agency policy and procedures, and any agency processes necessary for cooperative functioning between the agency and VAMC. Up-dates and refreshers shall be provided upon request and when policy, procedures or processes change.

2.3.4 Drivers shall be trained in the following areas:

• Defensive driving/proper vehicle operation ensuring safety.

• First aid and CPR/recognition of patient exhibiting medical distress

• Universal Precautions training (location and availability of protective gear, availability of hepatitis injections, etc.)

• Driver responsibilities (i.e., keeping logs of patient’s transported)

• Customer Service training

• Use of seat belts and all adaptive equipment in vehicles in accordance with manufacturer’s instructions

• Non-use of drugs and alcohol; maintaining a non-smoking environment in the vehicle

• Proper lifting techniques

• Confidentiality of patient, in accordance with the Privacy Act of 1974.

3.0 Delivery or Deliverables

Furnish 24 hour hired car and wheelchair van service to beneficiaries of the VA Medical

Center (VAMC), Huntington, WV and Community Based Outpatient Clinics (CBOC’s) in

Prestonsburg, KY, Charleston, WV, Lenore, WV and Gallipolis, OH in accordance with all the terms, conditions and provisions of this solicitation.

4.0 Meetings

The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition

Regulation Subpart 42.5. The Contracting Officer, Contracting Officers Representative

(COR), and other Government personnel, as appropriate, may meet periodically with the

Contractor to review the Contractor's performance. At these meetings, the Contracting

Officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

5.0 Required Travel and Other Direct Costs (ODCs)

The principal place of performance is southwestern West Virginia, southern Ohio, and eastern Kentucky. Accordingly, reimbursable travel and per diem for the contractor’s employees performing work on a regular basis at this place of performance is not authorized. Any changes to this must be approved in advance by the contracting officer.

6.0 Government Furnished Property/Equipment/Information

The Government may transport a beneficiary while still utilizing Government medical equipment (such as wheelchairs, walkers, crutches, et cetera) which may accompany the beneficiary during transport. The Contractor is responsible for the safe and operational return to the VAMC of that medical equipment.

7.0 Special Instructions

7.1 Services

7.1.1 The awarded Contractor is advised that only the Contracting Officer, acting within the scope of the contract and his/her duties and responsibilities and, after advice and consultation with the Contracting Officer’s Representative (COR), has the authority to make changes which effect contract prices, quality, quantity, delivery terms and conditions, term of contract. In no event shall any understanding or agreement, contract modification, change order, or other matters in deviation from the terms of this contract between the Contractor and a person other that The Contracting Officer, be effective or binding upon the Government. All such actions must be formalized by the proper contractual document executed by the Contracting Officer. The services specified in the

Sections entitled Schedule of Supplies/Services and Special Contract Requirements may be changed by written modification to this contract. The VA Contracting Officer will prepare the modification.

7.1.2 Other necessary personnel for the operation of the services contracted for at the

VA will be provided by the VA at levels mutually agreed upon which are compatible with the safety of the patient and personnel and with quality medical care programming.

7.1.3 The services to be performed by the contractor will be performed in accordance with VA policies and procedures and the regulations of the medical staff by laws of the

VA facility.

7.1.4 The VA may provide professional direction to the contractor and/or the contractor’s employee(s).

7.1.5 There is no employer-employee relationship between the VA and the contractor or the contractor’s employee(s).

7.1.6 The service specified in this contract may be changed by written modification to the contract. VAMC Contracting Officer will prepare the modification.

7.2 Qualifications of Bidders

7.2.1 Bids will be considered only form offerors who are regularly established in the business called for a minimum of two years and who in the judgment of the Contracting

Officer are financially responsible. Who have the necessary equipment and personnel to furnish service in the volume required for all the times under this contract, and able to show evidence of their reliability, ability, experience, equipment, facilities, and personnel directly employed or supervised by them to meet the requirements called for in this solicitation. Successful bidder shall meet all requirements of Federal, State or City codes regarding operation of vehicles required for this contract. The Contracting Officer shall be notified in writing of any equipment added after award of the contract.

7.2.2 Each bidder must submit with his/her bid of letter, in duplicate, fully describing the make of vehicle, model and year which they agree to furnish under this proposal, including the location and telephone numbers of his/her establishment where calls are received and vehicles are immediately available for dispatch. If any equipment is added after inspection subsequent to award of contract, it shall be inspected and approved by the Contracting Officer before being placed in use under this contract.

7.2.3 Bidder may be required to present proof of repairs and preventative maintenance for vehicles to be used in the performance of this contract.

7.2.4 The right is reserved to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualifications of any offeror and to reject the proposal, irrespective of price, that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance.

7.3 HHS/OIG

To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human

Services – Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.gov/oig) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor’s proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

7.4 Confidentiality

7.4.1 VA will provide the Contractor(s) with access to pertinent patient medical information, within the existing privacy rules and regulations, for the purpose of providing coordinated comprehensive.

7.4.2 Any contract resulting from this solicitation will be subject to the Privacy Act of

1974. Federal Acquisition Regulations 52.224-1 Privacy Act Notification and 52.224-2

Privacy Act apply to this solicitation. The Contractor(s) is not authorized to release any medical record information. The VA is the sole entity authorized to release this information upon written request from the patient.

7.4.3 If any patient information is kept on contractor computer systems, it must be FIPPS

140 encrypted. All hard copy documents exchanged are to be kept secure until able to be securely disposed.

7.5 HIPPA Compliance

Contractor must adhere to the provisions of Public Law 104-191, Health Insurance

Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the

Contractor may be required to enter into a Business Associate Agreement (BAA) with

VA.

7.6 Evidence of Insurance Coverage

Before commencing work under this contract, the contractor shall furnish to the

Contracting Officer, a certificate of insurance indicating the coverage outlined in the insurance clause and containing an endorsement to the effect that cancellation of or any material change in the policies which adversely affect the interests of the Government in such insurance shall not be effective unless a thirty day advance written notice of cancellation or change is furnished the contracting officer. Said policy must bear an appropriate “loss payable clause” to the United States as its interest may appear. Such evidence of insurance will not be waived.

7.7 Wage Rates

The DOL Wage Determination listed below will apply to this solicitation and any contract award. Copies of the determinations provided at the end of FAR Clause 52.212-5. The

Contractor is responsible to ensure that their employees working under this RFQ receive all pay and benefits due them under the applicable Service Contract Act wage determinations.

Wage Determination 2015-4367 Rev (21) covers the following VA Medical Center, Huntington, West Virginia Patient Service Areas:

• State of West Virginia counties of Cabell, Lincoln, Putnam and Wayne.

• State of Kentucky counties of Boyd and Greenup.

7.8 Federal Access

Federal officials, authorized by the VA, involved in the review, funding, or certification of any portion of the contract will have access to all materials produced or connected with the project. Access shall include, but is not limited to, financials, books, documents, papers, and records of the Contractor for the purpose of examination, audit, or making excerpts or transcriptions.

7.9 Security Requirements for Contractor Employees

7.9.1 Contractor shall insure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality according to federal regulations contained in HIPPA. Any person, who knowingly or willingly discloses confidential information from the VA Medical Center, may be subject to fines of up to

$50,000.00 and may be subjected to civil litigation from the patient.

7.9.2 Background Investigations: Contractor(s) personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information systems belonging to or being used on behalf of the

Department of Veterans Affairs. To satisfy the requirements of the Department of

Veterans Affairs a LOW LEVEL NACI Investigation shall be conducted prior to performing work under this contract. The level of access and the individual’s capability to perform work under this contract will be the determining factor in deciding if a higher investigative requirement is needed. The Contractor(s) shall ensure that those requirements are fully satisfied within 30 days of initiation of such investigations.

7.9.3 The contractor shall prescreen all personnel requiring access to the VA records to ensure they maintain a U.S. citizenship or valid work VISA and are able to read, write, speak and understand the English language.

7.9.4 The contractor shall submit or have their employees submit the following required forms to the VA Security and Investigations Center within 30 days of receipt: (The VA

Security and Investigations Center will provide the documents to the designated point of contact for the Contractor.)

7.9.4.1 Standard Form 85, Questionnaire for Non-Sensitive Positions

7.9.4.2 Standard Form 85A, Continuation Sheet

7.9.4.3 FD 258, U.S. Department of Justice Fingerprint Applicant Chart

7.9.4.4 Optional Form 306, Declaration for Federal Employment

7.9.4.5 Optional Form 612, Optional Application for Federal Employment.

7.9.5 The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract.

7.9.6 Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

7.9.7 A background investigation is good for five years. If a security check was completed for contractor personnel that performed work at one VA facility, a new background investigation is not required for them to work at another station unless the second location requires a higher security level.

7.9.8 The investigative history for Contractor(s) personnel working under this contract must be maintained in the databases of either with the Office of Personnel Management

(OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the

Contractor(s) use another vendor other than OPM or Defense Security Service (DSS) to conduct the investigation, the investigative company must be certified by OPM/DSS to conduct Contractor(s) investigations.

7.9.10 The Contractor is expected to maintain a Drug-free Work Place in accordance with Federal regulations. The Contractor will establish and maintain a drug-free workplace program. The administration of this program will be the responsibility of the contractor, as well as, the establishment of disciplinary actions.

7.9.11 All costs associated with obtaining clearances for Contractor provided personnel will be the responsibility of the Contractor. Further, the Contractor will be responsible for the actions of those individuals they provide to perform work for the VA under this contract. In the event that damages arise from work performed by Contractor provided personnel, under the auspices of this contract, the Contractor will be responsible for all resources necessary to remedy the incident.

7.9.12 Records: Contractor(s) personnel who obtain access to hardware or media which may manipulate or store drug or alcohol abuse data, sickle cell anemia treatment records, records or tests or treatment for or infection with HIV, medical quality assurance records, or any other sensitive information protected under 38 U.S.C. §4132 or §3305, as defined by the Department of Veterans Affairs, shall not have access to the records unless absolutely necessary to perform their contractual duties. Any individual who has access to these data will disclose them to no one, including other employees of the

Contractor(s) not involved in the performance of the particular contractual duty for which access was obtained. Violation of these statutory provisions, as stated in department regulations by the Contractor(s)’s employees may involve imposition of criminal penalties.

7.9.13 System of Records: The Veterans Administration system(s) of records to which the Contractor personnel will have access in order to maintain is “Patient Medical

Records – VA (24VA136). The C&A requirements do not apply, and that a Security

Accreditation Package is not required.

7.9.14 System Security: The Contractor shall provide VHA with the full assurance that security measures have been implemented which are consistent with OMB Circular A-

130 and VA Departmental Standards.

7.9.15 Procedures for User Access: Access requirements to VA information systems by

Contractor(s) and Contractor(s) personnel shall meet or exceed those requirements established for VHA employees as described in VHA Directives (and others) and in any subsequent VHA policy statements. A written and signed request for user access by

VHA Management, or designee(s), constitutes management approval (sponsorship) to initiate a request for access to any sensitive automated information system. Access shall be granted to non-VA users only if the purpose for access meets criteria of the

Privacy Act and VA Confidentiality regulations and transfer.

7.9.15 Contractor(s) will be required to sign and abide by the VA Computer Access

Security Agreement and Confidentiality Agreement.

Contractor is reminded that all costs associated with this security issue will be paid by the VA and then charged to the contractor by subtracting the actual cost from the balance due on the first invoice received from the contractor. It is the responsibility of the contractor to inform the Government in the event they have a new employee requiring security clearance.

After contract award and prior to the VA granting VPN access, the contractor will be required to complete "VA Cyber Security Awareness Training". This training is an on-line course which should take about 30 minutes to complete. All employees having access to the VA via VPN will be required to complete this on-line training course annually as a refresher.

The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract.

7.10 Contractor Internal Compliance Plan

In Accordance with the American Health Information Management Association, (AHIMA), Centers for Medicare and Medicaid Services (CMS), VHA Directive 2003-028

"Compliance and Business Integrity Program", its updates or replacement directives, HHS OIG Compliance Program Guidance for Hospitals, as published 63 FR 8987

(February 23, 1998) and HHS OIG Supplemental Compliance Program Guidance for

Hospitals as published at 70 FR 4858 ( January 31, 2005) the contractor is to provide in writing their internal Compliance Program, Training and Monitoring Plans which is to include documentation of training and monitoring procedures.

7.11 Contract Requirements

7.11.1 The Contractor agrees to provide services to the VA in accordance with the terms and conditions of this contract.

7.11.2 The Contractor is required to immediately notify the VA Contracting Officer of any merger, acquisition, or affiliation agreement; any legal or governmental action initiated against the Contractor or its providers (employees or subcontractors) for professional negligence, violation of law; lapse or material change in liability coverage of the

Contractor and/or its providers; any other problem or situation that may impair the ability of the Contractor to conform to the obligations of the contract.

7.11.3 The VA will place calls directly with the Contractor, if the Contractor does not have a vehicle available or is not licensed to provide service to a particular area, the

Contractor is responsible to coordinate the trip with another licensed provider.

7.11.4 The Contractor must utilize only other providers that meet the specifications noted herein in regard to safety and qualified personnel. The Contractor assumes all liability for the actions of the subcontractor. The Contractor is responsible for payment to all sub-contractors at the rates established in the pricing section of this contract. The

Contractor is reminded they must perform no less than 51% of all the services covered under this contract.

7.11.5 Any subcontractors being utilized in the performance of this contract must meet all the requirements stated herein.

7.12 Rates

Payment for mileage traveled beyond -35- mile radius of the point of pick-up (loaded run) will be paid in addition to the applicable rate per trip for any trip entirely within radius limits.

7.13 Payments

The Contractor shall be paid in arrears upon submission of invoice for all services performed during the period. All invoices will include the contract number, date of services, and name of patient, pickup and delivery points, and an itemized listing of charges or services rendered in accordance with this contract. When non-authorized service runs are referenced on an invoice, the Travel Office, after discussions with the

Contractor, may delete and initial the service. This will assist the contractor in expediting the invoices.

Under no circumstances are VA beneficiaries, third party insurances, Medicare or

Medicaid to be billed for the services performed under this contract which are authorized by the VAMC Huntington, WV.

7.14 Drivers

A record of each employee as to character and physical capabilities of performing the duties of driver must be maintained and made available for inspection upon request.

The Contracting Officer will be notified, in writing, of any new personnel added after the award of and during the performance of this contract. Failure to furnish such notification is cause for termination of contract.

7.15 Inspection

The right is reserved to thoroughly inspect and investigate the establishment, facilities, business reputation and other qualification of any bidder and to reject any bid, irrespective of price that shall be administratively determined lacking in any of the essentials necessary to assure acceptable standards of performance. If any equipment is added after inspection, subsequent to award of contract, it shall be inspected and approved by the Contracting Officer or his/her designated Representative before being placed in use under this contract.

7.16 Safety Requirement

In the performance of this contract, the Contractor will take such safety precautions as the Contracting Officer, or his/her designees may determine to be reasonably necessary to protect the lives and health of the occupants of the vehicles.