S02-COMBINED SYNOPSIS-BIRM CCT-36C24726Q0142.pdf

36C24726Q0142

SUBJECT* Birmingham Critical Care Transportation Base plus options

GENERAL INFORMATION

CONTRACTING OFFICE’S ZIP CODE* 29403-5799

SOLICITATION NUMBER* 36C24726Q0142

RESPONSE DATE/TIME/ZONE 1-20-2026 0800 EASTERN TIME, NEW YORK, USA

ARCHIVE 5 DAYS AFTER THE RESPONSE DATE

RECOVERY ACT FUNDS N

SET-ASIDE

PRODUCT SERVICE CODE* V212

NAICS CODE* 485991

CONTRACTING OFFICE ADDRESS

Department of Veterans Affairs Ralph H. Johnson VA Medical Center 109 Bee Street Charleston SC 29403-5799

POINT OF CONTACT*

Thomas Nicholls Thomas.Nicholls@va.gov

PLACE OF PERFORMANCE

ADDRESS Birmingham VA Medical Center 700 South 19th Street Birmingham, AL 35233

COMBINED SYNOPSIS/SOLOCITATION FOR COMMERCIAL ITEMS

GENERAL INFORMATION

Document Type: Combined Synopsis/Solicitation Posted Date: 12/08/2025 Response Date: 12/15/2025 08:00 AM EST Product or Service Code: V212 – Transportation/Travel/Relocation: Motor Passenger NAICS Code: 485991 – Special Needs Transportation Small Business Size Standard: $19M Period of Performance: 05/01/2025 through 04/30/2031

Contracting Office Address Network Contracting Office 7 ATTN: Thomas Nicholls Department of Veterans Affairs 109 Bee Street Charleston, SC 29401

DESCRIPTION

This is a combined synopsis/solicitation for a quote for commercial services prepared in accordance with the format in Federal Acquisition Regulation (FAR) Subpart 12.201-1 “Simplified Procedures” as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation will not be issued.

This is an open-market UNRESTRICTED combined synopsis/solicitation for services as defined herein.

The government intends to award a purchase order as a result of this combined synopsis/solicitation that will include the terms and conditions set forth herein.

This solicitation is a request for quotations (RFQ). This solicitation document incorporates clauses and provisions that are in effect through FAR RFO PART 12 (Issuance. 08/14/2025).

The Birmingham VA Medical Center is seeking to purchase Critical Care Transportation Services.

Furnish Air & Ground Critical Care Transport Services to beneficiaries of the Birmingham Veterans Affairs Medical Center (BVAMC), 700 South 19th Street, Birmingham, AL 35233

Term of Contract This contract is effective for one year from date of award for one year. This contract also has a provision for four option years. The contact is subject to the availability of funds.

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

STATEMENT OF WORK

1. General:

Contractor shall be accredited by the Commission on Accreditation of Medical Transport Systems (CAMTS) and will provide documentation showing current accreditation prior to contract award.

Contractor shall furnish 24-hour Critical Care Transport services with specially equipped ambulance carrying a physician, registered nurse and respiratory therapist as required for beneficiaries of the Department of Veterans Affairs Medical Centers (BVAMC) in Birmingham.

Urgent/emergent critical care transport calls must meet 15-minute response time to facilitate service. Contractor must immediately inform BVAMC if the 15-minute requirement cannot be met.

Contractor shall furnish all labor, materials, insurance, licenses and equipment to provide safe and comfortable ambulance litter/bariatric/stretcher transportation on an as need basis to beneficiaries of the Veterans Administration 7 days a week, as detailed further below, including holidays, from and to locations designated by the VA Medical Center, Birmingham, AL requested by Beneficiary Travel Office/Transfer Coordinator/Administrative Officer of the Day.

The contractor will not subcontract any work in support of Birmingham VAMC patient transports.

Contractor will provide a dispatcher/supervisor who is only performing dispatcher /supervision duties at all duty times of contractor drivers. All materials and equipment required by the dispatcher to conduct the business of the contract will be provided by the contractor. The dispatcher must be able to contact and communicate at all times with all staff engaged in patient transport.

Contractor shall provide service to veterans who may be added from other counties under the clinical jurisdiction of the Department of Veterans Affairs, Birmingham VA Medical Center.

The following counties are included: Blount, Clay, Cullman, Jefferson, Randolph, Shelby, St.

Clair, Walker, Winston, Colbert, Franklin, Jackson, Lauderdale, Lawrence, Limestone, Madison, Morgan, Cherokee, DeKalb, Etowah, Marshall, Calhoun, Cleburne, and Talladega.

Requests for service shall be made by telephone by persons designated by the BVAMC.

Contractor will be provided with patient's pick-up and delivery points and vehicle requirements.

Contractor 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, Transportation for Individuals with Disabilities, Americans with Disabilities Act (ADA) of 1990, Title III and VA standards. All regulations of the State Public Service Commission (PSC) (of which contractor’s facility is located) governing the control, operation of and licensing of the transportation provider are incorporated herein by reference. All records submitted to and/or compiled by the PSC regarding inspections, safety, records and manifests, etc. may be reviewed prior to awarding a contract and periodically throughout the contract term.

Ambulance - the emergency medical care vehicle (ambulance) under the terms of this contract will meet the minimum vehicle requirements as mandated by the current version of the General Service Administration’s standard Federal Specification for the Star-of-Life Ambulance KKK - A-1822x, subject to the following modifications:

a.) Subject specifications are mandatory as minimal requirements for such vehicles, but chassis or compartment modifications are permissible when they clearly exceed the minimal specifications.

b.) The ambulance vehicle for contract will be Type I, Type II or Type III specified in the current KKK -A-1822E.

Ambulance Medical Equipment (Current commercial standard or better) a.) Each emergency medical care vehicle will have patient compartment facilities, oxygen and suction systems and equipment, environmental climate equipment, emergency medical equipment, defibrillator, communications and additional systems equipment accessories and supplies as required by the current Federal Specification

KKK -A-1822E.

b.) Any supplies/equipment required will be provided as part of the per trip price.

Critical Care Transport Personnel:

A team consisting of a registered nurse (RN) and respiratory therapist (RT) shall be required on all Birmingham critical care transports. When deemed necessary by the Critical Care Transport Control Physician, a physician will be added to the standard RN/RT team.

The contractor shall only provide stretchers that have at least three functioning safety belts.

Birmingham Medical Center reserves the right to refuse services from the contractor if the stretcher does not meet this minimum specification. Birmingham VA Medical Center will not incur any transportation cost associated with the contractor providing inadequate or faulty equipment.

Equipment should meet the following standards:

1) Have functioning mechanisms, which ensure that all access doors are capable of being opened from the inside, and remain closed and secure during travel.

2) Have a functioning speedometer indicating speed in miles per hour and a functioning odometer correctly indicating distance in tenths of a mile.

3) Be equipped with operational air conditioning/heating systems. If the air conditioning system becomes inoperable or is unable to maintain temperatures between 68-79 degrees Fahrenheit in the patient compartment, the vehicle must be immediately pulled from service at the termination of the current trip and shall not again be used for service under this contract until the air conditioning/heating system has been repaired. Notification of any vehicle pulled from or returned to service must be made to the Contracting Officer’s Technical Representative (COR) within 24 hours.

4) Have exterior free of grime, oil or other substances and free from cracks, breaks, dents and damaged paint that noticeably detract from the overall appearance of the vehicle.

5) Be equipped with hubcaps or wheel covers.

6) Have all vehicle body molding in place, or if removed, holes must be filled and painted.

7) Have passenger compartment that shall be clean of dirt and free from torn upholstery or floor coverings, damaged or broken seats, protruding sharp edges and vermin or insects.

8) Have unobstructed vision on all sides.

9) Be equipped with an operable two-way mobile radio and/or cellular telephone communication system, which affords contact with the vehicle during all hours of operation.

Beepers are not an acceptable substitute.

10) Meet all safety and mechanical standards established by State and Federal statutes and regulations.

11) Have windows and doors, which can be opened and closed in accordance with manufacturer standards.

12) Not have leaks of any kind to the interior of the vehicle or plane.

13) Be equipped with a functioning horn.

14) Have operable seat belts on all seats.

15) Have fully charged, certified and non-expired fire extinguisher.

16) The contractor shall provide the COR with a list of all vehicles/planes to provide services under this contract, including vehicle identification numbers, and insurance certificates prior to initiating service. An updated list shall be provided to the COR quarterly.

17) Violations to the above stipulations will result in payment for services rendered to be withheld by Birmingham VA Medical Center until an updated list is provided. All vehicles shall be made available for inspection at any time ordered by Birmingham VA Medical Center, at its discretion. Any vehicle found not in conformity with the above standards concerning cleanliness or other deficiencies shall be removed from service immediately until subsequent inspections verify correction of deficiencies. Birmingham VA Medical Center reserves the right to order the immediate removal from service any vehicle not in compliance with any vehicle standards referenced herein. Failure to comply with this requirement may be cause for disallowance of compensation for services rendered in the violating vehicle.

2. MISCELLANEOUS AMBULANCE EQUIPMENT:

The Department of Veterans Affairs (VA) will not be responsible for providing items that normally would be used or required for comfort, safety, or necessity of the patients being transported. These items include, but are not limited to: wrist restraints, disposable gloves, large absorbent disposable pads, linens, blankets, bedpans, urinal, emesis basins, pillows, and all other items normally stocked in ambulances.

3. NUMBER OF PATIENTS:

It is understood and agreed that only one patient will be transported on a trip unless specifically authorized by the BVAMC.

4. ORDERS:

A. Personnel authorized to order service shall make requests for service via telephone.

A faxed information sheet shall follow each telephone authorization as soon as possible after completion by Birmingham VA Medical Center Clinical Staff.

B. VA Ordering Officials by position:

Contractor shall only accept requests for transportation from the following BVAMC staff working in these positions or by name as authorized in writing. Additional staff with ordering authority must be designated in writing by name.

Travel Clerk Transfer Coordinator Administrative Officer of the Day (AOD)

Business Management Service (BMS) Chief Business Management Service (BMS) Assistant Chief, Business Management Service (BMS) Administrative Officer/COR Chief, Benefits Section Assistant Chief, Benefits Section

C. Contractor will be provided with patient’s pick-up and delivery points and vehicle requirements. Under no circumstances shall orders or changes be accepted by any other party.

In addition, Contractor shall make no deviation and is responsible for providing direction to its staff during transport to specified locations.

D. A list of authorized ordering personnel shall be made available upon award of the contract.

Employees may be added or deleted from the list during the term of the contract at the discretion of Birmingham VA Medical Center. The contractor shall be notified to such changes as they occur.

5. TRIP TICKETS: The contractor shall prepare a trip ticket for all services provided under this contract. A legible copy of the trip ticket shall be furnished to the Travel / Admissions Office immediately after delivery of the patient to the specified location. The AOD / Admissions Office is located in room 1437 at the emergency entrance to Birmingham VAMC on 18th Street, Birmingham, AL.

In cases where the delivery destination is other than the Birmingham VAMC, an advance trip ticket with anticipated details shall be prepared and furnished to the Travel Office or AOD prior to departure. The official trip ticket will be completed with the actual trip information at delivery of patient to destination and turned into the Admission Office or AOD at the first opportunity upon return to the Birmingham VAMC, but no later than close of business the next business day. This can be submitted by fax.

As a minimum, the trip ticket shall include the following information:

(1) Contractor’s business name

(2) The contract number

(3) Name of the patient being transported

(4) Pick-up address and telephone number

(5) Delivery address, and the inside delivery location

(6) Pick-up point arrival and departure times

(7) Time of arrival to the specified inside delivery location

(8) Statement of any delays encountered to include the length of the delay and the circumstances

(9) A description of clinical care team on board during transport, (RN, RT, MD) and special equipment utilized during the transport.

(10) Actual delivery destination if changed due to a medical emergency, and clear reason for needed change.

6. RATES:

A. The Government reserves the right to cancel any patient pick-up due to late response time at any time after the specified or latest pick-up time ordered. Government may employ the services of another source, contracted or non-contracted, for same day service. Contractor will be responsible for all additional costs incurred by the Government if another source is utilized.

B. The Government will not pay for services under this contract for late response time when such delays are not determined to be excusable by VA.

C. The Government reserves the right to cancel any patient pick-up.

DRY RUNS: The contractor shall be reimbursed at set rate for “dry runs”, (trips made by the contractor when the VA beneficiary is not available for pickup). This charge will not be allowed if the trip is canceled by authorized VA personnel within 30 minutes before the scheduled departure time.

7. RESPONSE TIME:

Contractor shall respond within 15-minutes and/or 30-minutes of respective notification 24 hours a day, every day of the year. The contractor is expected to pick the patient up within the time period of 15-minutes and/or 30-minutes, plus travel time from base, from time of order. If a team is not available at time of order, the Ordering Official must be notified and provided an estimated time of availability. If Contractor fails to furnish ambulance service within the specified delivery time for the order or fails to notify the Ordering Official that a team is unavailable, the VA reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. Contractor will provide written documentation with explanation when the contract services are unavailable with signature of responsible parties. VA will issue Bill of Collections for excess costs incurred when service must be obtained from another source. Failure to pay as charged within timeframes specified in the Bill of Collections will result in deduction of costs from the next month’s invoice. The VA will be the sole judge in determining when to order service from another source. In the event the patient is not picked up or delivered as scheduled or agreed to, the Birmingham VA Medical Center will be allowed a late credit equal to the rate charged by Contractor in Item 6A.

8. TOLL CHARGES:

The contractor shall be responsible for all expenses incurred from the services provided under this contract to include ferry, bridge, tunnel and toll road charges. Contractor shall be responsible for all county, city, local or state fees imposed on the contractor during performance of this contract.

9. LINEN:

Contractor shall furnish all linen required for patient transport at no additional cost to the government. Linen shall not be exchanged with linen belonging to Birmingham VA Medical Center.

10. PATIENT TRANSPORTATION:

Contractor shall not release the patient from his/her custody, unless custody is released to nursing staff on duty at the facility to which the patient is being transported. Contractor shall take every reasonable measure to assure the safety and wellbeing of the patient at their destination and verify that the patient has all their personal belongings. In the event that personal items are not delivered with the patient, contractor will immediately deliver them to the patient when found aboard the vehicle or when a search requested by the Birmingham VAMC results in locating the items.

11. MEDICAL REPORT:

Whenever a patient is delivered to a medical facility, the patient shall be delivered to personnel as explained above and a full medical report will be made to the facility medical staff receiving the patient. Report will be provided to receiving nursing staff about any changes in patient condition during transport, whether contractor’s oxygen, monitor or infusion pump was used, whether an IV was started, cardiac arrest and resuscitation, or any medical intervention was provided in route.

12. EMERGENCIES:

The contractor shall be responsible for notifying BVAMC as soon as reasonably possible in the event of any patient emergency and/or patient transport to a community hospital or ER other than the original trip destination. Note instructions in paragraph 20, special requirements.

13. EVIDENCE OF INSURANCE COVERAGE:

After award of a contract, the contractor shall furnish to the Contracting Officer a certificate of insurance which shall contain an endorsement to the effect that cancellation of, or any material change in the policies which adversely affect the interest of the Government in such insurance cancellation, shall not be effective unless a thirty (30) day written notice of cancellation or change is furnished to the Contracting Officer.

Certification of insurance per contract clause VAAR 852.237-71, must be provided to the Contracting Officer no later than 10 days after notification of award, but SHALL BE

SUBMITTED PRIOR TO THE START OF WORK.

It shall be the responsibility of the Contractor to provide insurance in the amounts following:

Worker’s compensation and employer’s liability – at least $100,000.00 shall be required, except in States with exclusive or monopolistic funds that do not permit worker’s compensation to be written by private carriers.

General Liability – bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000.00 per occurrence. Must be submitted with the proposal.

Contractor shall resolve patient complaints of damage to personal material. Contractor will be responsible for repair replacement of patient personal property damaged while in the custody of the contractor until delivery and turnover of patient.

14. TRAINING PROGRAM: The contractor will provide documentation of training on transporting/assisting disabled passengers for all personnel who will be assigned to work performing any transportation for VA patients under this contract. Training should be in place covering Bloodborne Pathogens, Age Related Personal interactions and communication, Body Mechanics, and HIPAA (as stated in Clause 852.273-75 Security Requirements for Unclassified Information Technology Resources). Copies of this documentation of training will be submitted to and held by the COR.

15. DRIVER LIST:

Note: the term “driver” will be interpreted also as “pilot” and applicable and comparable vehicle control license requirements, character, qualifications, training, physical abilities, and behavior, shall be equally applied to aircraft transportation for sections 15-18.

Contractor shall provide the COR a complete list of all drivers, utilized for this contract by the fifth day of each month. Updates must be submitted prior to drivers beginning to transport patients.

16. DRIVER QUALIFICATIONS:

A record of each employee as to character, qualifications and physical capabilities of performing the duties of ambulance care driver or attendant must be maintained and made available for inspection upon request. The Contracting Officer reserves the right to request qualifications prior to award.

All drivers of said contractor MUST possess a safe driving record and a valid state driver’s license. 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.” Birmingham VAMC will be provided copies of driver licenses and may independently verify the driving record of drivers at any time. Birmingham VAMC reserves the right to order the removal from service under this contract, any driver who violates the provisions of this section.

17. DRIVER DUTIES:

Contractor shall ensure that its drivers will:

Perform their duties with due regard for the safety, comfort and convenience of customers and their property.

Comply with all applicable Federal and State laws, regulations and licensing requirements, including drug testing.

Have and maintain a current Driver's License, valid in the State in which contractor's facility is located, with less than five current points, none of which were assessed for "Reckless Driving."

Contact the Contractor's dispatcher before leaving the designated location without picking up the customer(s) and when encountering problems such as patient(s) not being ready, incorrect addresses or addresses which are inaccessible to wheelchairs.

Drivers will also be required to dress in a professional manner at all times when transporting VA patients. Dress will contain and emblem of the transport company.

Display a Birmingham VA Medical Center approved name tag stating the driver's name and Contractor's company name.

No passengers other than the patient and/or their attendant will be allowed in the vehicle during transport.

Ensure that smoking, eating and/or drinking in vehicles is not permitted by the drivers.

Ensure that no playing of audio/visual equipment in vehicles will be allowed without the approval of the patient aboard.

Ensure its personnel comply with 49 CFR (Code of Federal Regulations) Parts 40, 653 and 654 on Substance Abuse Prevention, which are respectively incorporated herein by reference and made part of this contract.

18. DRIVER CONDUCT:

A. The following acts are not permissible by drivers, which provide services under this contract or while on VA premises. Violations will be reported to the appropriate law enforcement agency:

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

2. Gambling in any form.

3. Smoking and other uses of tobacco while on duty.

4. Carrying of pistols, firearms or concealed weapons.

5. Resorting to physical violence to settle a dispute with a fellow employee, patient(s) or the 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 use of restroom facilities, while vehicle is occupied by a passenger. The driver shall not leave the vehicle with the key in the ignition at any time. Patient must be attended at all times by at least one contract staff member.

9. Engaging patient or family member 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, companions or others at any time.

11. Use of loud music.

12. Lack of security/confidentiality of patient health information (HIPAA violations)

13. Engage in any unprofessional physical contact with patient during commission of duties.

19. COMMUNICATION SYSTEM:

A. Contractor's Communication System shall consist of:

(1) Telephone System

(2) Contractor shall make available sufficient telephone capacity to ensure immediate communication access between Birmingham VA Medical Center and the Contractor's facility for the purposes of canceling trip requests as well as handling other emergencies.

(3) The contractor must be able to be contacted at all times when patient transporters are on duty for the Birmingham VAMC.

(4) The contractor Administration must have telephone coverage to accept calls from Birmingham VAMC COR 24 hours, seven days a week.

(5) Vehicle Communication.

(6) Contractor shall ensure the availability of mobile radio and/or cellular telephone communication with all vehicles providing transportation service at all times in the event of an emergency or to be able to be contacted in the event a change in order is needed while transporting a VA patient.

20. SPECIAL REQUIREMENTS:

A. When conditions, not 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 Travel Clerk or AOD. The COR will make a determination as to whether such delays in service will be excused.

B. Contractor will immediately report all medical incidents and accidents that occur while transporting VA beneficiaries including those where there is no apparent injury to the patient.

This notification will be made within one (1) hour by telephone and followed up with a written report from the driver documenting the facts of the incident/accident provided to the COR 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. If the Contractor's place of business is located beyond the local telephone call zone of the VA Medical Center, the Contractor will accept telephone orders for service on a collect basis or provide a 1-800 number.

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 vehicle is involved in, including the repair work required to return the vehicle to service.

C. The contractor may have to complete additional written reports as required by Medical Center to track patient safety issues or incidents. Failure to comply with this provision may be grounds for default.

21. ADDITIONAL REQUIREMENTS

When space allows, contractor will transport medical records, medications, prosthetic devices, etc. from pick-up points to destination as needed by the patient or Birmingham VAMC during the trip or as required by the ordering official.

Exclusions The following situations/scenarios shall be excluded from transportation services under this contract.

2.1 Scene/rescue/extrication calls.

2.2 "First responder” calls. Critical Care Transport is not part of the EMS (Emergency

Medical Services) system. It operates with a response time of 30 minutes for adult transports and 45 minutes for neonatal transports, assuming the team, vehicles and medical equipment are available.

2.3 Ground emergent transports greater than 125 patient loaded miles; ground non-emergent transports greater than 275 patient loaded miles or greater than 10 hours total drive time;

air transport less than 90 miles.

2.4 Hazardous materials situations or patients exposed to hazardous material.

2.5 Disaster/triage situations.

2.6 Transfers between a local airport and local hospital.

2.7 Patients with hemorrhagic fevers.

2.8 Patients whose age is greater than one year or less than 14 years.

2.9 Ground transport of patients weighing greater than 375 pounds.

2.10 Air transport of patients weighing greater than 350 pounds or patient width exceeding 35 inches.

2.11 High risk obstetrical defined as transports of women that are directly related to pregnancy that may endanger the mother or fetus of a gestational age greater than 20 weeks; this does not include pre-existing conditions or trauma in the pregnant patient.

2.12 Transports may be declined or aborted based on adverse weather conditions, vehicle maintenance, patient’s condition is outside of CCT’s scope of care, patient condition changes, safety reasons, or CCT Medical Director denial. Transport may be delayed if a request to transport another patient of higher acuity is received.

22. RECORDS MANAGEMENT

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law.

Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Birmingham VA Medical Center and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Birmingham VA Medical Center or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701.

In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Birmingham VA Medical Center. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to Birmingham VA Medical Center control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.

The Contractor (and any sub-contractor) is required to abide by Government and Birmingham VA Medical Center guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

7. The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with Birmingham VA Medical Center policy.

8. The Contractor shall not create or maintain any records containing any non-public Birmingham VA Medical Center information that are not specifically tied to or authorized by the contract.

9. The Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected from public disclosure by an exemption to the Freedom of Information Act.

10. The Birmingham VA Medical Center owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S. Government for which Birmingham VA Medical Center shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

11. Training. All Contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take VHA-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial.

23. BACKGROUND INVESTIGATIONS

Contractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to sensitive information and 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 risk level Background Investigation shall be conducted prior to performing work under this contract.

Appropriate Background Investigation (BI) forms will be provided upon contract award, and shall be completed and returned to the VA Office of Security and Law Enforcement (OSL&E) within 30 days for processing. Access to VA information resources cannot be made available until the Security Investigations Center submits the investigatory packet to OPM for processing. At that time the investigation is considered “initiated” and access can be provided. Contractors will be notified by OSL&E when the BI has been completed and adjudicated.

The investigative history for contractor personnel working under this contract shall be maintained in the databases of either the Office of Personnel Management (OPM) or the Defense Industrial Security Clearance Organization (DISCO). Should the contractor use a vendor other than OPM or Defense Security Service (DSS) to conduct investigations, the investigative company shall be certified by OPM/DSS to conduct contractor investigations.

All costs associated with obtaining clearances for contractor provided personnel shall be the responsibility of the contractor. Further, the contractor shall be responsible for the actions of all individuals provided to 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 shall be responsible for all resources necessary to remedy the incident.

24. SERVICE DISRUPTION:

Contractor shall immediately report to the COR, or AOD if after hours, any and all vehicle breakdowns or other problems, which may cause service disruptions. When a breakdown occurs, it is the responsibility of the Contractor to provide a back-up vehicle to minimize any delay or inconvenience to the customer(s). If the Contractor is unable to provide support as explained earlier in the Statement of Work, the VA reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from as explained in number 7 Response Time above.

The contractor dispatcher and the Ordering Official will discuss at the time of the order any conflicting orders with the required pick up time to arrange an acceptable planned time.

If the contractor is aware of any delay in meeting a required pick-up time, Travel Clerk or AOD personnel shall be notified of the delay, the reason for the delay, and the estimated time of arrival. COR or designee will determine if delay is acceptable.

25. PROVISION OF SERVICES:

The Contractor shall be required to maintain 95% on-time performance on a quarterly basis.

Trips will be considered "on-time" as long as they arrive at the destination on or before the allowed /required arrival time.

26. INSPECTION PRIOR TO AWARD:

The right is reserved to thoroughly inspect and investigate the establishment, facilities, vehicles, business reputation and other qualifications of any offeror and to reject any offer, irrespective of price. Birmingham VA Medical Center reserves the right to inspect all ambulance vehicles prior to award. If any ambulance equipment is added after inspection, subsequent to award of contract, Birmingham VA Medical Center reserves the right to inspect and approve all ambulance vehicles, to include airplanes, before being placed in use under this contract.

27. COMPLAINTS AGAINST DRIVERS:

Complaints against drivers' behavior or courtesy will be taken by Birmingham VA Medical Center and may result in requiring Contractor to remove offending driver(s) from the provisions of contracted services. Drivers who accumulate two (2) validated complaints in a 12-month period shall be prohibited from providing any further services under this contract. If a complaint is of a severe nature, COR will notify the Contract Officer and the vendor to prohibit driver from performing service under the contract.

28. COMPLAINTS HANDLING:

The COR will monitor the service provided. Contractor shall cooperate with the COR in providing information and answering questions in a timely manner when requested. 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. The COR may forward all complaints to the Contracting Officer for appropriate follow-up and documentation to be completed by the contractor as the COR deems necessary. After investigation and disposition, Contractor shall respond to the Contracting Officer within five (5) working days after receipt by the Contractor.

29. CHANGES TO CONTRACT:

A. 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.

B. Communications pertaining to contractual matters shall be address 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 of any person whosoever will in any matter or degree modifies or otherwise affects the terms of this contract.

C. The Contracting Officer does, however, reserve the right to designate one or more representative to act in a capacity of furnishing technical guidance and advice, or generally supervise the work to be performed under this contract. A Copy of the Contracting Officer Technical Representative (COR) designation shall be furnished to the Contractor.

30. MISCELLANEOUS:

At no time will Contractor leave vehicles on VA premises unless a pick-up or delivery is in process. Contractor employees shall conduct themselves in a businesslike manner at all times while on VA premises. When transporting patients to or from Birmingham VA Medical Center, the Driver, acting for the Contractor, will ensure that the patient’s luggage and medical records (when appropriate) is properly accounted for and delivered with the patient.

31. PAYMENT:

A. Trip tickets must be delivered promptly at the completion of each trip. (See number 10 Trip Tickets above).

B. Invoices must be submitted by the 10th calendar day of each month for trips provided during the prior month. The invoice must contain the following information:

(1) Contract number

(2) Annual Purchase Order Number

(2) Date of trips

(3) Ticket numbers

(4) Name of patients transported, and

(5) Documentation of circumstances when billing for attempted pick-up and/orwaiting time.

C. Mail invoice to:

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin, TX 78714-9971

D. Invoices will be reviewed and reconciled to trip tickets and travel logs. Unauthorized charges will be suspended. Supporting documentation may be provided and submitted for payment consideration of suspended charges.

E. Payment will be made monthly in arrears.

32. 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 ordered. In addition, the Contractor warrants that subcontracting will not be resorted to as a means of circumventing this provision.

33. CONTRACTOR FURNISHED SERVICES, PROCEDURES, FORMS AND

REPORTS:

The following shall be provided prior to commencement of work under this contract, and upon any change thereof during the performance of the contract.

1. List of all vehicles (new vehicles must be reported before using),

2. Inspection report of all vehicles,

3. List of all drivers (new/relief drivers must be reported and meet all requirements before transporting VA patients).

4. Drivers licenses, DOT permits, Pilot licenses, FAA permits, and other licenses,

5. Education and training records of personnel, orientation and ongoing, and

6. Driver license status verification from Department of Transportation

34. PRIVACY AND SECURITY:

MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX B

VA Handbook 6500.6 Appendix Clause:

VA Acquisition Regulation Solicitation Provision and Contract Clause (October 2008)

SUBPART 839.2 – Information and Information Technology Security Requirements

839.201 Contract clause for Information and Information Technology Security

Due to the threat of data breach or loss of information that resides on either VA-owned or contractor-owned systems, and to comply with federal laws and regulations, VA has developed an Information and Information Technology Security clause. To be used when VA information is used, stored, generated, transmitted, or exchanged by and between VA and a contractor, subcontractor or a third party in any format (e.g., paper, microfiche, electronic or magnetic portable media).

In solicitations and contracts where VA Information and/or Information Technology will be accessed or utilized, the contracting officer shall insert the clause found at 852.273-75, Security Requirements for Unclassified Information Technology Resources

852.273-75 - Security Requirements for Unclassified Information Technology Resources (interim- October 2008)

As prescribed in 839.201, insert the following clause:

(a) The contractor and their personnel shall be subject to the same Federal laws, regulations, standards and VA policies as VA personnel, regarding information and information system security. These include but are not limited to Federal Information Security Management Act (FISMA), Appendix III of OMB Circular A- 130, and guidance and standards, available from the Department of Commerce’s National Institute of Standards and Technology (NIST). This also includes the use of common security configurations available from NIST’s Web site at:

http://checklists.nist.gov

(b) To ensure that appropriate security controls are in place, Contractors must follow the procedures set forth in “VA Information and Information System Security/Privacy Requirements for IT Contracts” located at the following Web site :

http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.

asp

MARCH 12, 2010 VA HANDBOOK 6500.6 APPENDIX C

VA INFORMATION AND INFORMATION SYSTEMS

SECURITY/PRIVACY LANGUAGE

1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information.

The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts.

The Department of Veterans Affairs does not have a Memorandum of Agreement http://checklists.nist.gov/ http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp http://www.iprm.oit.va.gov/Security_and_Privacy_Requirements_for_Contractors.asp with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. Custom software development and outsourced operations must be located in the U.S. to the maximum extent practical. If such services are proposed to be performed abroad and are not disallowed by other VA policy or mandates, the contractor/subcontractor must state where all non-U.S. services are provided and detail a security plan, deemed to be acceptable by VA, specifically to address mitigation of the resulting problems of communication, control, data protection, and so forth. Location within the U.S. may be an evaluation factor.

e. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

3. VA INFORMATION CUSTODIAL LANGUAGE

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

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements.