Veterans Affairs



PAGE 1 OF1. REQUISITION NO.2. CONTRACT NO.3. AWARD/EFFECTIVE DATE4. ORDER NO.5. SOLICITATION NUMBER6. SOLICITATION ISSUE DATEa. NAMEb. TELEPHONE NO. (No Collect Calls)8. OFFER DUE DATE/LOCALTIME9. ISSUED BYCODE10. THIS ACQUISITION IS UNRESTRICTED ORSET ASIDE:% FOR:SMALL BUSINESSHUBZONE SMALLBUSINESSSERVICE-DISABLEDVETERAN-OWNEDSMALL BUSINESSWOMEN-OWNED SMALL BUSINESS(WOSB) ELIGIBLE UNDER THE WOMEN-OWNEDSMALL BUSINESS PROGRAMEDWOSB8(A)NAICS:SIZE STANDARD:11. DELIVERY FOR FOB DESTINA-TION UNLESS BLOCK ISMARKEDSEE SCHEDULE12. DISCOUNT TERMS 13a. THIS CONTRACT IS ARATED ORDER UNDERDPAS (15 CFR 700)13b. RATING14. METHOD OF SOLICITATIONRFQIFBRFP15. DELIVER TOCODE16. ADMINISTERED BYCODE17a. CONTRACTOR/OFFERORCODEFACILITY CODE18a. PAYMENT WILL BE MADE BYCODETELEPHONE NO.DUNS:DUNS+4:PHONE:FAX:17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKEDSEE ADDENDUM19.20.21.22.23.24.ITEM NO.SCHEDULE OF SUPPLIES/SERVICESQUANTITYUNITUNIT PRICEAMOUNT(Use Reverse and/or Attach Additional Sheets as Necessary)25. ACCOUNTING AND APPROPRIATION DATA26. 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. ADDENDAAREARE NOT ATTACHED.27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDAAREARE NOT ATTACHED28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________29. AWARD OF CONTRACT: REF. ___________________________________ OFFERCOPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH ANDDATED ________________________________. YOUR OFFER ON SOLICITATIONDELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH AREADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIEDSET FORTH HEREIN IS ACCEPTED AS TO ITEMS:30a. SIGNATURE OF OFFEROR/CONTRACTOR31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)30c. DATE SIGNED31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)31c. DATE SIGNEDAUTHORIZED FOR LOCAL REPRODUCTION(REV. 2/2012)PREVIOUS EDITION IS NOT USABLEPrescribed by GSA - FAR (48 CFR) 53.2127. FOR SOLICITATIONINFORMATION CALL:STANDARD FORM 1449OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 114SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS554-13-4-582-0073666-13-4-165-0277VA259-13-R-023208-23-2013RICKY ROBINS801-584-124309-06-20134:30PM (MST)Department of Veterans AffairsNetwork Contracting OfficeNCO 19515 East 100 South, STE 400Salt Lake City UT 84102X25XY621910$14 MillionX N/AXDepartment of Veteran AffairsNetwork Contracting OfficeNCO 19515 East 100 South, STE 400Salt Lake City UT 84102Department of Veterans AffairsNetwork Contracting OfficeNCO 19515 East 100 South, STE 400Salt Lake City UT 84102Department of Veterans AffairsFinancial Service CenterPO Box 149971Austin TX 78714-9971Ground Ambulance Service and Handicap Accessible VehicleTransportation service for the Eastern Colorado Health CareSystem (ECHCS) and its associated clinics.See attached ECHCS Statement of Work and Schedule.Ground Ambulance Service for the Sheridan VA Medical Centerand its associated clinics.See attached Sheridan Statement of Work and Schedule.$0.00XXSECTION AA.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSTable of Contents TOC \o "1-4" \f \h \z \u \x SECTION A PAGEREF _Toc365301836 \h 1A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS PAGEREF _Toc365301837 \h 1SECTION B - CONTINUATION OF SF 1449 BLOCKS PAGEREF _Toc365301838 \h 4B.1 CONTRACT ADMINISTRATION DATA PAGEREF _Toc365301839 \h 4B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE PAGEREF _Toc365301840 \h 6B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE PAGEREF _Toc365301841 \h 6B.4 STATEMENT OF WORK - ECHCS PAGEREF _Toc365301842 \h 7B.5 PRICE SCHEDULE - ECHCS PAGEREF _Toc365301843 \h 43B.6 STATEMENT OF WORK – Sheridan VAMC PAGEREF _Toc365301844 \h 47B.7 PRICE SCHEDULE - Sheridan VAMC PAGEREF _Toc365301845 \h 56SECTION C - CONTRACT CLAUSES PAGEREF _Toc365301846 \h 59C.1 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012) PAGEREF _Toc365301847 \h 59C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc365301848 \h 64C.3 52.216-18 ORDERING (OCT 1995) PAGEREF _Toc365301849 \h 64C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) PAGEREF _Toc365301850 \h 65C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) PAGEREF _Toc365301851 \h 65C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) PAGEREF _Toc365301852 \h 65C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) PAGEREF _Toc365301853 \h 66C.8 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) PAGEREF _Toc365301854 \h 66C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS PAGEREF _Toc365301855 \h 66C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) PAGEREF _Toc365301856 \h 67C.11 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) PAGEREF _Toc365301857 \h 67C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991) PAGEREF _Toc365301858 \h 67C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) PAGEREF _Toc365301859 \h 68C.14 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) PAGEREF _Toc365301860 \h 68C.15 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) PAGEREF _Toc365301861 \h 68C.16 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) PAGEREF _Toc365301862 \h 69C.17 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (JAN 2008) PAGEREF _Toc365301863 \h 69C.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) PAGEREF _Toc365301864 \h 69C.19 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) PAGEREF _Toc365301865 \h 70C.20 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) PAGEREF _Toc365301866 \h 71C.21 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) PAGEREF _Toc365301867 \h 72C.22 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) PAGEREF _Toc365301868 \h 72C.23 MANDATORY WRITTEN DISCLOSURES PAGEREF _Toc365301869 \h 77SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS PAGEREF _Toc365301870 \h 78D.1 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION AND PAGEREF _Toc365301871 \h 78D.2 CMS AMBULANCE BILLING GUIDE PAGEREF _Toc365301872 \h 84D.3 STAR OF LIFE AMBULANCE SPECS PAGEREF _Toc365301873 \h 84D.4 STAR OF LIFE AMBULANCE SPECS CHANGE 1 PAGEREF _Toc365301874 \h 84D.5 STAR OF LIFE AMBULANCE SPECS CHANGE 2 PAGEREF _Toc365301875 \h 84D.6 STAR OF LIFE AMBULANCE SPECS CHANGE 3 PAGEREF _Toc365301876 \h 84D.7 STAR OF LIFE AMBULANCE SPECS CHANGE 4 PAGEREF _Toc365301877 \h 84SECTION E - SOLICITATION PROVISIONS PAGEREF _Toc365301878 \h 85E.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2012) PAGEREF _Toc365301879 \h 85E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) PAGEREF _Toc365301880 \h 93E.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) PAGEREF _Toc365301881 \h 93E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) PAGEREF _Toc365301882 \h 94E.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) PAGEREF _Toc365301883 \h 95E.6 52.216-1 TYPE OF CONTRACT (APR 1984) PAGEREF _Toc365301884 \h 96E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) PAGEREF _Toc365301885 \h 96E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) PAGEREF _Toc365301886 \h 96E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) PAGEREF _Toc365301887 \h 97E.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) PAGEREF _Toc365301888 \h 97E.11 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) PAGEREF _Toc365301889 \h 97E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) PAGEREF _Toc365301890 \h 101SECTION B - CONTINUATION OF SF 1449 BLOCKSB.1 CONTRACT ADMINISTRATION DATA(continuation from Standard Form 1449, block 18A.)Offerors must complete and return all information designated in section B.1 and in 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS, paragraph “b”? and complete 52.212-3, OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS prior to the time specified in block 8 of SF 1449 in order to be considered for award. NOTIFICATION TO ALL OFFERORS:? 1. This solicitation is for Full and Open competition with a partial Small Business set-aside. Multiple awards are anticipated. 2. Federal Acquisition Regulations require all contractors conducting business with the Government to be registered in the Central Contractor Registration (CCR) Government-wide online database for the provision of basic information relative to contract awards [refer to FAR Clause 52.212-4, para (t)].You may accomplish these registrations online at the following web site:CCR – . Federal Acquisition Regulation (FAR) 52.212-3, “Offeror Representations and Certifications-Commercial Items” applies to the terms of this solicitation.? The Offeror is required to return a copy of the certification with their offer.? Offerors are required to complete the annual representations and certifications electronically via the ORCA website .? Upon award, Representations, Certifications, Instructions to Offerors and other statements of Offerors shall be incorporated in the resulting contract.4. Contract Administration:? All contract administration matters will be handled by the following individuals:a.CONTRACTOR:Contact Name:Address:City, State & Zip:Telephone:FAX:E-mail Address:ERNMENT:Contracting OfficerRicky L. RobinsRocky Mountain NetworkTelephone No.:? (801) 584-1243NCO 19 – ContractingFAX:? (801) 584-2504515 East 100 South, Suite 400ricky.robins@Salt Lake City, UT 841025. CONTRACTOR REMITTANCE ADDRESS:? All payments by the Government will be made via Electronic Funds Transfer (EFT). 6.???INVOICES:? Invoices shall be submitted in arrears on a monthly basis via the VA’s Electronic Invoice Presentment and Payment System. (See Web site at )7. DUNS NUMBER:? Please provide the Dun and Bradstreet Number assigned to your firm in the space provided below:??????????????? DUNS NO:? ________________??????????????? See FAR 52.212-1 Instructions…(j)Data Universal Numbering System (DUNS) Number8. TAX IDENTIFICATION NUMBER:? Please provide the tax identification number to be utilized for this contract.??????????????? TAX ID:? ________________9. PERIOD OF PERFORMANCE:Base Year: September 30, 2013 – September 29, 2014Option Year One: September 30, 2014 – September 29, 2015Option Year Two: September 30, 2015 – September 29, 2016Option Year Three September 30, 2016 – September 29, 2017Option Year Four September 30, 2017 – September 29, 201810. DEPARTMENT OF LABOR WAGE DETERMINATIONS: The following Department of Labor Wage Determinations will be incorporated into the resultant contract:No. 2005-2587, Revision No. , dated June 13, 2012.11. ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows: AMENDMENT NO DATE______________________________ _____________ ______________________________ _____________ ______________________________ _____________B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE This solicitation includes FAR 52.219-14 Limitations on Subcontracting. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) retained by VA to assist in assessing the contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to contractor's offices where the contractor's business records or other proprietary data are retained and to review such business records regarding the contractor's compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.B.3 SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE This solicitation includes VAAR 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, and VAAR 852.215-71, Evaluation Factor Commitments. Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments.B.4 STATEMENT OF WORK - ECHCS1. GENERAL: A. Contractor shall furnish all labor, materials, insurance, licenses, equipment and qualified supervision to provide safe and comfortable ambulance litter/stretcher transportation as well as handicap accessible vehicle transportation on an as-needed basis to beneficiaries of the Eastern Colorado Healthcare System (ECHCS) throughout the Denver Metro area and our outlying Community Based Outpatient Clinics (CBOCs) in Colorado. The vendor selected shall be ready to start on the day of award as a fully capable entity with all equipment required, with trained and certified personnel prepared to respond to requests as directed by the ECHCS. Services to be provided seven (7) days a week, as detailed further below, including holidays, to and from locations (i.e. clinics, ward locations, inpatient floors, ICU, patient homes, hospitals, pre-approved fee basis appointments) designated by the VA Medical Center (VAMC), ECHCS Beneficiary Travel Office, in accordance with all terms, conditions, provisions and schedules set forth in this solicitation. Contractor shall assist the patient as needed to access the vehicle for transportation. This may include, but is not limited to, bed to stretcher or stretcher to bed transfer when necessary. B. All healthcare facilities under the jurisdiction of ECHCS, the Denver VA Medical Center (1055 Clermont St, Denver, CO 80220) are included in this solicitation.Alamosa Outpatient Clinic, 622 Del Sol Drive, Alamosa, CO 81101Burlington Outpatient Clinic, 1177 Rose Avenue, Burlington, CO 80807Colorado Springs Outpatient Clinic, 25 North Spruce Street, Colorado Springs, CO 80905Colorado Springs Outpatient Clinic, 320 E Fontanero, Colorado Springs, CO 80907Denver VA Medical Center, 1055 Clermont Street, Denver, CO 80220Jewell Outpatient Clinic, 14400 E Jewell Ave, Aurora, CO 80012La Junta Outpatient Clinic, 1100 Carson Ave., Suite 104, La Junta, CO 81050Lakewood Outpatient Clinic, 155 Van Gordon Street, Suite 395, Lakewood, CO 80225Lamar Outpatient Clinic, 405 Kendall Drive, Lamar, CO 81052Pueblo Outpatient Clinic, 4112 Outlook Boulevard, Pueblo, CO 81008Salida Outpatient Clinic, 920 Rush Drive, Salida, CO 81201Ground Ambulance Service Zones:Zone 1: 0 to 30 miles from ECHCS or any of its treating facilities.Zone 2: Greater than 30 miles from any ECHCS treatment facility.Note: The outlying CBOCs require VA patients to be retrieved from their residence and transported to the local CBOC and possibly for further transfer to one of the ECHCS Medical Centers for further treatment as necessary and required. Offerors are expected to comply with all state rules and regulations and have proper licensing to conduct such transportation. Handicap Accessible Vehicle Service Zones:Zone 1: 0 to 20 miles from ECHCS or any of its treating facilities.Zone 2: Greater than 20 miles from any ECHCS treatment facility.Note: The outlying CBOCs require VA patients to be retrieved from their residence and transported to the local CBOC and possibly for further transfer to one of the ECHCS Medical Centers for further treatment as necessary and required. Offerors are expected to comply with all state rules and regulations and have proper licensing to conduct such transportation. D. Scheduled transportation, for the purpose of this contract, is defined as transportation arranged with the Contractor on the day prior to the date transportation is needed. Scheduled transportation requests will be either called in or faxed to the Contractor. E. Emergent unscheduled transportation, for the purpose of this contract, is defined as a medical emergency that requires ambulance transportation immediately, therefore being unable to be scheduled with the Contractor the day prior to transportation. Emergent unscheduled transportation shall be available at the pick-up location within 30 minutes from the time transport is requested. When calling in the run, the Travel Clerk or Administrator on Duty (AOD) will specifically state that the request is an emergent unscheduled transportation request. Under no circumstances shall the Contractor fail to meet the emergent unscheduled transportation timeliness requirement.F. Non-emergent unscheduled transportation, for the purpose of this contract, is defined as a non-emergent transportation request that was arranged without providing the Contractor with prior day notice. Non-emergent unscheduled transportation shall be at the pick-up location within 1 hour from the time the transport is called in, providing place of pick-up is within the 30-mile local mileage limit of either of the ECHCS or its CBOCs. For pick up locations outside the local mileage limit from either the Denver VAMC or its CBOCs, transportation must be dispatched to the pick-up location within 1 hour. If patient is to be picked up at or delivered to a CBOC, transportation must arrive during business hours of 8:00 a.m. to 4:30 p.m. G. Local Mileage Limits (LML), for the purpose of this contract, is defined as mileage within a 30-mile radius in any direction for ground ambulance services and a 20-mile radius for handicap access vehicle transportation services, of any ECHCS treatment facility as the pick-up or destination point, the LML is defined as mileage within a 30 or 20-mile radius respectively in any direction of that VA CBOC. Any trip within the appropriate mile radius will be paid the applicable per trip rate. Any trip exceeding the mile radius will be paid the applicable per trip rate plus the mileage rate for any miles to the destination that exceeds the LML. The contractor will not be paid for the mileage traveled within the LML. Mileage will be based on the latest edition of readily available online commercial mileage calculator Bing for online driving directions. No payment will be made for the contractor’s mileage to the pick-up location or return to dispatch station (without VA patient being transported).H. Contractor shall provide a dispatcher/supervisor who has no driving duties at all duty times. 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. I. Requests for service will be made in writing or by telephone by the Contracting Officer's Representative (COR) or designee. Designees include but are not limited to; Chief/Asst Chief Health Administration Service, Supervisor, Ambulatory Care and Processing, Supervisor, Eligibility and Registration, Administrative Officer of the Day (AOD) and ECHCS Travel Clerks. Contractor will be provided with patient's pick-up and delivery points, appointment time and location, and vehicle requirements.J. To the extent possible, transportation requests will be scheduled; however, Contractor must be able to accept requests for same day service if the minimum number of required vehicles for the awarded area are not yet being utilized and shall schedule them in a manner that meets the arrival time needs. On scheduled transports, the Contractor shall arrive at the pick-up point on time and shall deliver the patient on-time for appointments.K. Contractor’s performance shall be in conformance with the contract and all applicable Federal, State and Local laws to include Department of Transportation 49 CFR Parts 27, 37, 38, 571, 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) (in 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 on request throughout the contract term. L. Contractor shall provide ground ambulance service under this contract as set forth. This requirement is defined as in use or in route exclusively for ECHCS treatment facilities.Advanced Life Support (ALS) services are defined as those life support transportation services which utilize ambulances, paramedics, equipment and facilities subject to the rules of the Colorado Department of Public Health and Environment, and the Public Health division of each city and/or county in which services are provided. Staff must have appropriate certifications (ACLS, RRT and recent working experience in ICU or ER), which shall be equipped as noted.Basic Life Support (BLS) services are defined as those life support transportation services which utilize ambulances, Emergency Medical Technician - Basic, or ACLS-prepared RN, equipment and facilities subject to the rules of the Colorado Department of Public Health and Environment, and the Public Health division of each city and/or county in which services are provided which shall be equipped as noted.Handicap accessible vehicle services are defined as those vehicles capable of transporting patients with disabilities that affect their mobility.2. AMBULANCE SPECIFICATIONS:A. Contractor’s fleet shall have a minimum of Four (4) ambulances (emergency medical care vehicle) available to support ECHCS’s requirements. B. After the minimum number of ambulances has been provided at one time, the Contractor has an option to provide additional vehicles at the contract rate. ?If the Contractor is unable to provide additional transportation, ECHCS will contact a third party to obtain these services. ?The Contractor shall not be liable for any costs associated with the third party provider unless the Contractor failed to provide the minimum required vehicles in the time required. The contractor shall not subcontract any ECHCS patient transports. C. Each ambulance shall have patient compartment facilities, oxygen and suction systems and environmental climatic supplies as required by Federal Specification for Ambulances, KKK-A-1822E dated June 01, 2002. All ambulances shall meet the standards of KKK-A-1822F dated August 01, 2007.D. Contractor shall ensure that all stretchers receive a quarterly safety inspection (See attached Ambulance Checklist) of all working parts including belts and straps. Contractor shall maintain records of safety inspections and shall provide copies of documentation, when requested by VA, to the ECHCS COR for vehicles used in transporting ECHCS patients. E. Ambulances proposed to be furnished under this contract shall meet the specification enumerated in KKK-A-1822F dated August 01, 2007 including but not limited to the following for adults:(1) IV supplies, including pumps – when required (2) Monitors, defibrillators, mounting brackets(3) First aid kit with band-aids, gauze, elastic bandages, sterile gauze pads, triangular bandages, cleansing wipes, tape scissors, eye pads, ammonia inhalants, sterile gloves, etc. (4) Two-way radio or portable phone(5) Face masks/nasal cannula(6) Splints(7) Blood tubes(8) Oxygen. Expected to be needed on 25% of orders.F. Ambulances under the terms of this contract shall be licensed and meet the minimum vehicle requirements for basic life support as mandated by the Colorado Department of Public Health and Department of Transportation pertaining to ambulance service.G. Federal specifications are mandatory as minimal requirements for such vehicles, but chassis or compartment modifications are permissible when they clearly exceed the minimal specifications.H. Each ambulance used to provide services under this contract shall be a Type I, Type II or Type III ambulance.I. The contractor shall only provide stretchers that have at least three functioning safety belts. ECHCS reserves the right to refuse services from the contractor if the stretcher does not meet this minimum specification. ECHCS will not incur any cost associated with the contractor providing inadequate or faulty equipment. All vehicles used in this contract shall:(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 functioningodometer correctly indicating distance in tenths of a mile.(3) Be equipped with operational air conditioning/heating systems. If the air conditioningsystem 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 be used again for service under this contract until the air conditioning/heating system has been repaired.(4) The exterior free of grime, oil or other substances and free from cracks, breaks, dents and damaged paint that noticeably detracts from the overall appearance of the vehicle.(5) Be equipped with hubcaps or wheel covers and have all vehicle body molding in place, or if removed, holes must be filled and painted.(6) The passenger compartment shall be clean of dirt and free from torn upholstery orfloor coverings, damaged or broken seats, protruding sharp edges, vermin and insects.(7) Have unobstructed vision on all sides.(8) 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.(9) Meet all safety and mechanical standards established by State and Federal statutes and regulations.(10) Have windows and doors, which can be opened and closed in accordance with manufacturer standards.(11) Not have leaks of any kind.(12) Be equipped with a functioning horn.(13) Have operable seat belts on all seats.(14) Have fully charged, certified and non-expired fire extinguisher.(15) The Contractor shall provide the COR with a list of all vehicles to provide services under this contract, including vehicle identification numbers, and insurance certificates prior to initiating service. An updated list shall be provided upon request by the ECHCS COR.3. MISCELLANEOUS AMBULANCE SPECIFICATIONS: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 pampers, linens, blankets, bedpans, urinals, emesis basins, pillows, and all other items normally stocked in ambulances.4. ATTENDANTS:A. A record of each employee as to character, mental and physical capabilities of performing the duties of an ambulance driver or attendant must be maintained and made available for inspection upon request. An additional record of each employee showing that the employee performing transportation service for or coming in contact with patients of ECHCS is screened and found to be free of any infectious or communicable diseases on an annual basis. Qualifications of the attendants shall be submitted to the Contracting Officer prior to award. The COR reserves the right to obtain copies of all qualification records for ECHCS local files. New driver records should be made available to the Contracting Officer and/or COR prior to commencement of the individual transporting VA patients.B. Contractor may allow, upon authorization from an authorized official of ECHCS, a VA clinician, relative, or other appropriate person to accompany the veteran at no extra charge.C. Only Contractor employees who meet the qualifications of section5 Emergency Medical Technician (EMT) and section6 Paramedics below shall be allowed to accompany the attendant/driver on trips provided for the ECHCS.D. For airport trips, attendant shall remain with the patient until patient safely boards aircraft. It is estimated that 6 trips per quarter will be to an airport.E. Psychiatric patient transports require one medical attendant, not the driver, to be fully dedicated to patient care during the transport.5. EMERGENCY MEDICAL TECHNICIAN (EMT):Contractor Emergency Medical Technicians (EMTs) who perform emergency services to patients being transported in ambulances servicing the Denver VAMC and CBOCs shall have the following qualifications:EMTs must have completed training in accordance with the standards published by the Colorado Department of Public Health, Department of Health and Human Services. (2) The “equivalent” training program successfully completed by the EMT must be submitted to the Contracting Officer for appropriate action/review with the bid proposal.(3) The EMT must be certified, licensed or otherwise officially recognized by the Local, State, or Regional Government or public entity where the emergency ambulance service is operated, or by which it is governed. Certificate shall be submitted with proposal.(4) The EMT must be enrolled periodically in “refresher” continuing education, or advanced training programs as required by the Local or State government entity in which the service is rendered to veterans, but in no instance shall this be less frequently than every two years. Such “refresher” training must be equivalent of that developed by the Department of Transportation, National Highway Safety Administration. Proof of such refresher training must be submitted to the Contracting Officer and/or COR when updated periodically as required by the governmental entity.6. PARAMEDICS:Paramedics providing emergency services to patients being transported in ambulances servicing the Denver VAMC and CBOCs shall have the following qualifications:(1) Complete training in accordance with the standards published by the Colorado Department of Public Health to be licensed in the state of Colorado. (2) The paramedic must be certified, licensed or otherwise officially recognized by the Local, State, or Regional Government or public entity where the emergency ambulance service is operated, or by which it is governed. Proof of such certification must be submitted to the Contracting Officer and/or COR.(3) The paramedic must be enrolled periodically in “refresher” continuing education, or advanced training programs as required by the local or state government entity in which the service is rendered to veterans, but in no instance shall this be less frequently than every three years. Such “refresher” training must be equivalent to that developed by the Department of Transportation, National Highway Safety Administration. Proof of such refresher training must be submitted to the Contracting Officer and/or COR for appropriate action/review as required by the governmental entity7. NUMBER OF PATIENTS:It is understood and agreed that only one (1) patient will be transported on a trip unless specifically authorized by the VA. If more than one (1) patient is authorized by the ECHCS ordering official and is 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 local mileage limits is involved, the longest distance over which a patient is transported may be claimed when more than one patient is transported in a single ambulance concurrently. Contractor must ensure that the pick-ups and drop-offs are scheduled so that the total distance traveled shall result in the most economical charge to the government.8. ORDERS:A. Personnel authorized to order service will make unscheduled requests for service via telephone. Scheduled runs will be faxed and/or phoned in the day before the scheduled pick-up date. B. Orders, requests, or changes will only be made by an authorized party specified by the COR who is the Lead Travel Clerk or designee, Beneficiary Travel Office, ECHCS. C. Contractor will be provided with a patient’s pick-up and delivery points, appointment time and location, and vehicle requirements. Under no circumstances shall orders or changes be accepted by any other party. In addition, Contractor shall make no deviation and shall provide direction to its staff during transport to specified locations. D. A list of authorized ordering personnel will 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 the ECHCS. The Contractor will be notified of such changes in writing as they occur.E. Verification and acknowledgment of the upcoming day’s scheduled orders shall be made by Contractor between the hours of 8:30 a.m. and 9:30 a.m. (Mountain Standard Time), Monday through Friday, excluding holidays, on the day the service is to be performed. Verification is to be made with the Travel Clerk. Travel Office shall be notified of any delays or cancellations.9. REPORTING (PICK-UP, DELIVERY, DEPARTURE):All drivers shall report to the Bed Control or AOD on duty any time a pick-up, delivery, or departure is made at the medical center main campus. Drivers shall assist patients to/from vehicle as necessary.10.??RATES: A. For all one-way trips (within the local mileage limits) under the contract, the Contractor will receive the flat rate awarded for any trip within the local mileage limit.? The Contractor shall also receive the mileage charge awarded for any one-way trip in excess of the flat rate outside the local mileage limit.? In no event shall the Contractor receive reimbursement for the mileage charge for any mileage inside the local mileage limit of the ECHCS or CBOCs.?B. Payment for mileage travel beyond the local mileage limit will be limited to the distance, over which the patient is transported, using the shortest route and street address to street address. No mileage will be charged for any period of time when the patient is not being transported unless charging one way for a “dry run” as discussed below. C.? The Government will deduct from the Contractor's compensation for late pick-ups according to the following chart:?Minutes Late????????????????? Deduction30 to 60????????????????????? 25% of trip value*More than 60????????????? 50% of trip value*?*Trip value is the total of the basic trip plus any additional mileage (if applicable) for the scheduled trip.?D.???The Government shall not pay for inbound services when the patient misses his/her appointment and/or must be rescheduled due to unexcused Contractor delay.E. 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 either reschedule the pick-up for another time or 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.?F. The Government reserves the right to cancel, change or substitute any patient pick-up. 11. DRY RUNS:A. For the purposes of this contract, dry runs are defined as trips made by the Contractor when the VA beneficiary is not available for pick-up. B. The Contractor will be reimbursed one way at the full contract amount for dry runs.? This charge will not be allowed if the trip is canceled by authorized VA personnel within one (1) hour before the scheduled pick-up time.12. WAITING TIME:A. The Contractor shall call the Bed Control or AOD on duty as soon as it is anticipated that a delay may develop for which they expect to claim reimbursement. This call is only for the purpose of verifying their arrival time at the pick-up point and is not necessary if the Contractor anticipates no time delay for which they will claim reimbursement. Only VA ordering officials may authorize waiting time. Unauthorized waiting time will not be reimbursed.B. All waiting time charges must be supported by notification to the Bed Control or AOD that the vehicle is in a waiting status. At this point, information concerning reason for wait must be provided, and documentation must accompany the invoice.13. RESPONSE TIME:A. If Contractor fails to furnish ground ambulance service within the specified delivery time for the order; the ECHCS reserves the right to obtain the service from another source and to charge the Contractor with any resulting excess cost which may result there-from. Contractor shall provide signed written documentation with an explanation when contract services are unavailable. ECHCS will issue Bill of Collections for any 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 cost deduction from the next month’s invoice. B. ECHCS shall be the sole judge in determining when to order service from another source. However, the Contractor shall not be required to furnish more ambulances at any given time than are contractually required for the awarded service area(s). When all contract vehicles are in use and the VA requires additional vehicles, the Contractor will be contacted first and has the option to provide additional vehicles at the contract price if an agreed upon time of pick-up can be arranged. In the event the patient is not picked up or delivered as scheduled or agreed to, ECHCS will be allowed a late credit equal to the rate charged by Contractor in section10C.14. SCHEDULED PICK-UPS: Adherence to schedules is of the utmost importance. Contractor shall pick-up the patient as near to the scheduled pick-up time as possible. If Contractor arrives earlier than the scheduled pickup, the driver must wait at the pick-up location until fifteen (15) minutes past the scheduled pick-up time before calling the dispatcher for instructions.15. TOLL CHARGES:A. It is agreed to and understood that the prices quoted in the schedules do not include any ferry, bridge, tunnel, or road charge. Any such legitimate toll charges incurred shall be limited to one way only and shall be listed separately on Contractor’s invoices.B. The Contractor is responsible for all expenses incurred from the services provided under this contract to include ferry, bridge, tunnel and toll road charges subject to reimbursement when invoiced as per Paragraph A above. Contractor shall be responsible for all county, city, local or state fees imposed on the Contractor during performance of this contract. 16. LINENS/MEDICAL EQUIPMENT:A. 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 the Denver VAMC or its CBOCs. B. All medical equipment shall be furnished by the Contractor. However, if ECHCS agrees that its medical equipment can be used by the Contractor to expedite the patient's transfer, the Contractor shall return the equipment to ECHCS as soon as possible and at no expense to ECHCS. The Contractor shall not leave ECHCS's equipment at another facility. 17. PATIENT TRANSPORTATION:A. The Contractor will check in with the Bed Control or AOD upon arrival and departure at ECHCS. Patients receiving treatment in the outpatient clinics will be dropped off and picked up in their respective clinic areas. Patients being transported to ECHCS for inpatient treatment will be presented to Admissions where further instruction on where the patient is to be taken will be provided. Patients will not be left at the Emergency Department, Admissions desk, or with the AOD.B. Contractor shall not release the patient from his/her custody, unless custody is released to charge nurse on duty at the facility to which the patient is being transported, to a designated point of contact at the patient’s residence when ordered, or to the patient’s residence if patient lives alone, or if patient is to be moved. Contractor shall take every reasonable measure to assure the well-being of the patient at their destination and verify that the patient has all their personal belongings. In the event personal items are not delivered with the patient, contractor shall bring them to the patient immediately when found aboard the vehicle or requested by ECHCS. 18. MEDICAL REPORTWhen a patient is delivered to a medical facility, the patient shall be delivered to personnel as explained above and a full medical report shall be made to the facility medical staff receiving the patient. Report shall be made about any changes in patient status during transport, whether Contractor’s oxygen, monitor or infusion pump was used, whether an IV was started, or any medical intervention was provided in route.19. EMERGENCIES:The contractor shall notify Bed Control (or AOD during non-administrative hours) as soon as reasonably possible in the event of any patient emergency and patient transport to a community hospital vice the trip destination. Note instructions in paragraph 26, special requirements.20. TRAINING PROGRAM: The Contractor shall provide documentation of training on transporting and assisting disabled passengers for all personnel who will be assigned to perform any transportation for VA patients under this contract. Training should be in place covering Blood borne Pathogens, Age-Related Personal interactions and communication, and Body Mechanics. Copies of this documentation of training shall be submitted to and held by the VA Contracting Officer and/or COR. 21. DRIVER LIST: Contractor shall provide the VA Contracting Officer and COR a complete list of all drivers utilized for this contract upon award of the contract. Updates shall be submitted to the VA Contracting Officer and COR.22. DRIVER QUALIFICATIONS: A. A record of each employee as to character, qualifications and physical capabilities of performing the duties of ambulance care driver or attendant shall be maintained and made available for inspection upon request. The Contracting Officer reserves the right to request qualifications prior to award.B. All Contractor drivers shall possess a safe driving record and a valid state driver’s license. The Contractor shall ensure that all drivers providing services under this contract shall have less than five (5) current points on their driver’s license, none of which were assessed for “Reckless Driving”, “Driving While Intoxicated (DWI)” or “Driving Under the Influence (DUI).” Contractor shall provide copies of driver licenses to the VA Contracting Officer or COR who may independently verify the driving record of drivers at any time. ECHCS reserves the right to order the removal from service under this contract, any driver who violates the provisions of this section.23. DRIVER DUTIES:Contractor will ensure that its drivers shall:(1) Perform their duties with due regard for the safety, comfort and convenience of customers and their property.(2) Comply with all applicable Federal and State laws, regulations and licensing requirements, including drug testing.(3) 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” or “DUI."(4) Contact the Contractor's dispatcher before leaving the designated location without picking up the customer(s) and when encountering problems such as customer(s) not being ready, incorrect addresses, or medical emergencies. (5) Drivers shall be required to dress in a professional manner at all times when transporting VApatients and display approved name tag stating the driver's name and Contractor's company name.(6) No passengers other than the patient and/or their attendant shall be allowed in the vehicle during transport without approval by an authorized official of the ECHCS. (7) Ensure smoking, eating and/or drinking in vehicles is not permitted by passengers or drivers.(8) Ensure that no playing of audio/visual equipment in vehicles shall be allowed without the approval of all customers aboard.(9) 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 thus made part of this contract.24. DRIVER CONDUCT:A. The following acts are not permissible by drivers, which provide services under this contract or while on VA premises:(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 dutywhile 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, customer(s) or thegeneral public while on duty. (6) Use of loud, indecent or profane language and/or making threatening or obscene gestures toward customers or other employees. (7) Stopping for personal business 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. (8) Engaging customer in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver shall contact his dispatcher/supervisor via the radio system. (9) Soliciting or accepting tips from customers, companions or others at any time. (10) Use of loud music.(11) Using any handheld device for texting while operating a vehicle.25. COMMUNICATION SYSTEM: Contractor's Communication System shall consist of:(1) Telephone and Facsimile System. (2) Contractor shall make available sufficient telephone capacity to ensure immediate communication access between the ECHCS Travel Offices 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 ECHCS.(4) The Contractor Administration shall have telephone coverage to accept calls from ECHCS COR during all regular business days from 8:00 am to 4:30 pm.(5) 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 the order is needed while transporting a VA patient.26. SPECIAL SPECIFICATIONS: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 shall be reported to the Bed Control or AOD. The COR will make a determination as to whether such delays in service will be excused.B. Contractor shall immediately report all medical incidents and accidents, which occur while transporting VA beneficiaries including those where there is no apparent injury to the patient. This notification shall 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 shall 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 shall 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 ECHCS to track patient safety issues or incidents. Failure to comply with this provision may be grounds for default.D. Regardless of the medical center's diversion status, if authorized ECHCS staff pre-authorizes transport (e.g, from CBOC to ECHCS), the Contractor shall bring the patient to the medical center as expected and ordered. Diversion status applies only to unauthorized trips. If the ambulance diverts the patient to a closer non-VA emergency room due to a patient's change in medical condition, the Contractor shall notify the Bed Control or AOD immediately and report the patient's condition, reason for medical diversion, and the patient's location. 27. Additional requiremeNtsA. Contractor shall transport patient luggage, medical records, medications, prosthetic devices, wheelchairs, litters, nutritional supplements, and comfort items from pick-up points to destination as needed by the patient or ECHCS during the trip or as required by the ordering official.B. Contractor shall resolve patient complaints of damage to personal material. Contractor shall be responsible for repair or replacement of patient personal property damaged while in the custody of the contractor until delivery and turnover of patient. C. Transportation of significant others/caregivers will be arranged in advance with approval from the COR or an ordering official. 28. HANDICAP ACCESSIBLE VEHICLE SERVICE SPECIFICATIONS:A. Contractor’s fleet shall have a minimum of Four (4) handicap accessible vehicles available to support ECHCS’s requirements. B. After the minimum number of vehicles has been provided at one time, the Contractor has an option to provide additional vehicles at the contract rate. ?If the Contractor is unable to provide additional transportation, ECHCS will contact a third party to obtain these services. ?The Contractor shall not be liable for any costs associated with the third party provider unless the Contractor failed to provide the minimum required vehicles in the time required. The contractor shall not subcontract any ECHCS patient transports. C. Unscheduled transportation, for the purpose of this contract, is defined as a transportation needs that were unable to be scheduled with the Contractor the day prior to transportation. Unscheduled transportation shall be at the pick-up location within 1 hour from the time the transport is called in, providing place of pick-up is within local mileage limits of either of the ECHCS or its CBOCs. For pick up locations outside the local mileage limits from either the Denver VAMC or its CBOCs, transportation must be dispatched to the pick-up location within 1 hour. When calling in the run, the Travel Clerk or Administrator on Duty (AOD) will specifically state that the request is an unscheduled transportation request. D. Scheduled transportation, for the purpose of this contract, is defined as transportation arranged with the Contractor on the day prior to the date transportation is needed. Scheduled transportation requests will be either called in or faxed to the Contractor. D. The handicap accessible vehicles under the terms of this contract shall be licensed and meet the minimum vehicle requirements as mandated by the Colorado Department of Transportation pertaining to non-emergent medical transport (NEMT).E. Federal specifications are mandatory as minimal requirements for such vehicles, but chassis or compartment modifications are permissible when they clearly exceed the minimal specifications.F. All vehicles used in this contract shall:(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 functioningodometer correctly indicating distance in tenths of a mile.(3) Be equipped with operational air conditioning/heating systems. If the air conditioningsystem 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 be used again for service under this contract until the air conditioning/heating system has been repaired.(4) Exterior free of grime, oil or other substances and free from cracks, breaks, dents and damaged paint that noticeably detracts from the overall appearance of the vehicle.(5) Be equipped with hubcaps or wheel covers and have all vehicle body molding in place, or if removed, holes must be filled and painted.(6) Passenger compartment shall be clean of dirt and free from torn upholstery orfloor coverings, damaged or broken seats, protruding sharp edges and vermin or insects.(7) Have unobstructed vision on all sides.(8) 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.(9) Meet all safety and mechanical standards established by State and Federal statutes and regulations.(10) Have windows and doors, which can be opened and closed in accordance with manufacturer standards.(11) Not have leaks of any kind.(12) Be equipped with a functioning horn.(13) Have operable seat belts on all seats.(14) Have fully charged, certified and non-expired fire extinguisher.(15) The Contractor shall provide the COR with a list of all vehicles 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 ECHCS COR.(16) Violations to the above stipulations will result in payment for services rendered to be withheld by ECHCS until an updated list is provided. All vehicles shall be made available for inspection at any time when ordered by the COR, at the VA's discretion. Anyvehicle found not in conformity with the above standards or any vehicle receiving two or more complaints within a five-day period concerning cleanliness or other deficiencies shall be removed from service immediately until subsequent inspections verify correction of deficiencies. The VA 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.29. MISCELLANEOUS HANDICAP ACCESSIBLE VEHICLE SPECIFICATIONS:A. 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. B. Vehicles shall provide a level-change mechanism or boarding device (e.g., lift or ramp) and sufficient clearances to permit a wheelchair or other mobility aid user to reach a location when requested. Common wheelchairs and mobility aids means belonging to a class of three or four wheeled devices, usable indoors, designed for and used by persons with mobility impairments which do not exceed 30 inches in width and 48 inches in length, measured 2 inches above the ground, and do not weigh more than 600 pounds when occupied. The securement system shall secure common wheelchairs and mobility aids and shall either be automatic or easily attached by a person familiar with the system and mobility.30. HANDICAP ACCESSIBLE VEHICLE ATTENDANTS:A. A record of each employee as to character, mental, and physical capabilities of performing the duties of a driver or attendant must be maintained and made available for inspection upon request. An additional record of each employee showing that the employee performing transportation service for or coming in contact with patients of ECHCS is screened and found to be free of any infectious or communicable diseases on an annual basis. Qualifications of the attendants shall be submitted to the Contracting Officer prior to award. The COR reserves the right to obtain copies of all qualification records for ECHCS local files. New driver records should be made available to the Contracting Officer and/or COR prior to commencement of the individual transporting VA patients.B. Contractor may allow, upon authorization from an authorized official of ECHCS, a VA clinician, relative, or other appropriate person to accompany the veteran at no extra charge.C. Only employees of the Contractor, who meet the qualifications shall be allowed to accompany the attendant/driver on trips provided for the ECHCS.D. At ECHCS request, patients will be transferred to a responsible person at their specified final destination. 31. HANDICAP ACCESSIBLE VEHICLE ORDERS:A. Personnel authorized to order service will make unscheduled requests for service via telephone. Scheduled runs will be faxed and/or phoned in the day before the scheduled pick-up date. B. Orders, requests, or changes will only be made by an authorized party specified by the COR who is the Lead Travel Clerk or designee, Beneficiary Travel Office, ECHCS. C. Contractor will be provided with patient’s pick-up and delivery points, appointment time and location, and vehicle requirements. Under no circumstances shall orders or changes be accepted by any other party. In addition, Contractor shall make no deviation and shall provide direction to its staff during transport to specified locations. D. A list of authorized ordering personnel will 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 the ECHCS. The Contractor will be notified of such changes in writing as they occur.E. Verification and acknowledgment of the upcoming day’s scheduled orders shall be made by Contractor between the hours of 8:30 a.m. and 9:30 a.m., Monday through Friday, excluding holidays, on the day the service is to be performed. Verification is to be made with the Travel Clerk. Travel Office shall be notified of any delays or cancellations.33. HANDICAP ACCESSIBLE VEHICLE REPORTING (PICK-UP, DELIVERY, DEPARTURE):All drivers are required to report to the Travel Clerk or AOD on duty any time a pick-up, delivery, or departure is made at the medical center main campus. Drivers shall assist patients to/from vehicle as necessary.34.??HANDICAP ACCESSIBLE VEHICLE RATES: A. For all one-way trips (within the local mileage limits) under the contract, the Contractor will receive the flat rate awarded for any trip within the local mileage limit.? The Contractor shall also receive the mileage charge awarded for any one-way trip in excess of the flat rate outside the local mileage limit.? In no event shall the Contractor receive reimbursement for the mileage charge for any mileage inside the local mileage limit of the ECHCS or CBOCs.?B. Payment for mileage travel beyond the local mileage limit will be limited to the distance, over which the patient is transported, using the shortest route and street address to street address. No mileage will be charged for any period of time when the patient is not being transported unless charging one way for a “dry run” as discussed below. C.? The Government will deduct from the Contractor's compensation for late pick-ups according to the following chart:?Minutes Late????????????????? Deduction30 to 60????????????????????? 25% of trip value*More than 60????????????? 50% of trip value*?*Trip value is the total of the basic trip plus any additional mileage (if applicable) for the scheduled trip.?D.???The Government shall not pay for inbound services when the patient misses his/her appointment and/or must be rescheduled due to unexcused Contractor delay.E. 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 either reschedule the pick-up for another time or 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.?F. The Government reserves the right to cancel, change or substitute any patient pick-up. 35. HANDICAP ACCESSIBLE VEHICLE DRY RUNS:A. For the purposes of this contract, dry runs are defined as trips made by the Contractor when the VA beneficiary is not available for pick-up. B. The Contractor will be reimbursed one way at the full contract amount for dry runs.? This charge will not be allowed if the trip is canceled by authorized VA personnel within one (1) hour before the scheduled pick-up time.36. HANDICAP ACCESSIBLE VEHICLE WAITING TIME:A. The Contractor shall call the Bed Control or AOD on duty as soon as it is anticipated that a delay may develop for which they expect to claim reimbursement. This call is only for the purpose of verifying their arrival time at the pick-up point and is not necessary if the Contractor anticipates no time delay for which they will claim reimbursement. Only VA ordering officials may authorize waiting time. Unauthorized waiting time will not be reimbursed.B. All waiting time charges must be supported by notification to the Bed Control or AOD that the vehicle is in a waiting status. At this point, information concerning reason for wait must be provided, and documentation must accompany the invoice.37. HANDICAP ACCESSIBLE VEHICLE RESPONSE TIME:A. If Contractor fails to furnish ambulance service within the specified delivery time for the order; the ECHCS 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 shall provide signed written documentation with an explanation when contract services are unavailable. ECHCS will issue Bill of Collections for any 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 cost deduction from the next month’s invoice. B. ECHCS shall be the sole judge in determining when to order service from another source. However, the Contractor shall not be required to furnish more ambulances at any given time than are contractually required for the awarded service area(s). When all contract vehicles are in use and the VA requires additional vehicles, the Contractor will be contacted first and has the option to provide additional vehicles at the contract price if an agreed upon time of pick-up can be arranged. In the event the patient is not picked up or delivered as scheduled or agreed to, ECHCS will be allowed a late credit equal to the rate charged by Contractor in section 34C.38. HANDICAP ACCESSIBLE VEHICLE SCHEDULED PICK-UPS: Adherence to schedules is of the utmost importance. Contractor shall pick-up the customer as near to the scheduled pick-up time as possible. If Contractor arrives earlier than the scheduled pickup, the driver must wait at the pick-up location until fifteen (15) minutes past the scheduled pick-up time before calling the dispatcher for instructions.39. HANDICAP ACCESSIBLE VEHICLE TOLL CHARGES:A. It is agreed to and understood that the prices quoted in the schedules do not include any ferry, bridge, tunnel, or road charge. Any such legitimate toll charges incurred shall be limited to one way only and shall be listed separately on Contractor’s invoices.B. The Contractor is responsible for all expenses incurred from the services provided under this contract to include ferry, bridge, tunnel and toll road charges subject to reimbursement when invoiced as per Paragraph A above. Contractor shall be responsible for all county, city, local or state fees imposed on the Contractor during performance of this contract. 40. HANDICAP ACCESSIBLE VEHICLE PATIENT TRANSPORTATION:A. The Contractor will check in with the Travel Clerk or AOD upon arrival and departure at ECHCS. Patients receiving treatment in the outpatient clinics will be dropped off and picked up in their respective clinic areas. Patients being transported to ECHCS for inpatient treatment will be presented to Admissions where further instruction on where the patient is to be taken will be provided. Patients will not be left at the Emergency Department, Admissions desk, or with the AOD.B. Contractor shall not release the patient from his/her custody, unless custody is released to a responsible party at the facility to which the patient is being transported, to a designated point of contact at the patient’s residence when ordered, or to the patient’s residence if patient lives alone. Contractor shall take every reasonable measure to assure the well-being of the patient at their destination and verify that the patient has all their personal belongings. In the event personal items are not delivered with the patient, contractor shall bring them to the patient immediately when found aboard the vehicle or requested by ECHCS. 41. HANDICAP ACCESSIBLE VEHICLE EMERGENCIES:The contractor shall notify Travel Clerk (or AOD during non-administrative hours) as soon as reasonably possible in the event of any patient emergency and patient transport to a community hospital vice the trip destination. 42. HANDICAP ACCESSIBLE VEHICLE TRAINING PROGRAM: The Contractor shall provide documentation of training on transporting and assisting disabled passengers for all personnel who will be assigned to perform any transportation for VA patients under this contract. Training should be in place covering Blood borne Pathogens, Age-Related Personal interactions and communication, and Body Mechanics. Copies of this documentation of training shall be submitted to and held by the VA Contracting Officer and/or COR. 43. HANDICAP ACCESSIBLE VEHICLE DRIVER LIST: Contractor shall provide the VA Contracting Officer and/or a complete list of all drivers, utilized for this contract upon award of the contract. Updates shall be submitted to the VA Contracting Officer and/or COR.44. HANDICAP ACCESSIBLE VEHICLE DRIVER QUALIFICATIONS: A. A record of each employee as to character, qualifications and physical capabilities of performing the duties of ambulance care driver or attendant shall be maintained and made available for inspection upon request. The Contracting Officer reserves the right to request qualifications prior to award.B. All Contractor drivers shall possess a safe driving record and a valid state driver’s license. The Contractor shall ensure that all drivers providing services under this contract shall have less than five (5) current points on their driver’s license, none of which were assessed for “Reckless Driving” or “Driving Under the Influence (DUI).” Contractor shall provide copies of driver licenses to the VA Contracting Officer or COR who may independently verify the driving record of drivers at any time. ECHCS reserves the right to order the removal from service under this contract, any driver who violates the provisions of this section.45. HANDICAP ACCESSIBLE VEHICLE DRIVER DUTIES:Contractor will ensure that its drivers shall:(1) Perform their duties with due regard for the safety, comfort and convenience of customers and their property.(2) Comply with all applicable Federal and State laws, regulations and licensing requirements, including drug testing.(3) 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” or “DUI."(4) Contact the Contractor's dispatcher before leaving the designated location without picking up the customer(s) and when encountering problems such as customer(s) not being ready, incorrect addresses, or medical emergencies. (5) Drivers shall be required to dress in a professional manner at all times when transporting VApatients and display approved name tag stating the driver's name and Contractor's company name.(6) No passengers other than the patient and/or their attendant shall be allowed in the vehicle during transport without approval by an authorized official of the ECHCS. (7) Ensure smoking, eating and/or drinking in vehicles is not permitted by passengers or drivers.(8) Ensure that no playing of audio/visual equipment in vehicles shall be allowed without the approval of all customers aboard.(9) 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 thus made part of this contract.46. HANDICAP ACCESSIBLE VEHICLE DRIVER CONDUCT:A. The following acts are not permissible by drivers, which provide services under this contract or while on VA premises:(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 dutywhile 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, customer(s) or thegeneral public while on duty. (6) Using 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 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 customer in a verbal confrontation in an attempt to settle a disagreement. Should a disagreement arise, the driver shall 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.47. HANDICAP ACCESSIBLE VEHICLE COMMUNICATION SYSTEM: Contractor's Communication System shall consist of:(1) Telephone and Facsimile System. (2) Contractor shall make available sufficient telephone capacity to ensure immediate communication access between the ECHCS Travel Offices 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 ECHCS.(4) The Contractor Administration shall have telephone coverage to accept calls from ECHCS COR during all federal regular business days from 8:00 am to 4:30 pm.(5) 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 the order is needed while transporting a VA patient.48. HANDICAP ACCESSIBLE VEHICLE SPECIAL SPECIFICATIONS: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 shall 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 shall immediately report all medical incidents and accidents, which occur while transporting VA beneficiaries including those where there is no apparent injury to the patient. This notification shall 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 shall 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 shall 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 ECHCS to track patient safety issues or incidents. Failure to comply with this provision may be grounds for default.49. HANDICAP ACCESSIBLE VEHICLE Additional requiremeNtsA. Contractor shall transport patient luggage, medications, prosthetic devices, wheelchairs, litters, nutritional supplements, and comfort items from pick-up points to destination as needed by the patient or ECHCS during the trip or as required by the ordering official.B. Contractor shall not transport pets of any species, with the exception of service animals.C. Contractor shall resolve patient complaints of damage to personal material. Contractor shall be responsible for repair replacement of patient personal property damaged while in the custody of the contractor until delivery and turnover of patient. D. Transportation of significant others/caregivers will be arranged in advance with approval from the COR or an ordering official. 50. SERVICE DISRUPTION:A. Contractor shall immediately report to the COR any and all vehicle breakdowns or other problems which may cause service disruptions. When a breakdown occurs, the Contractor shall provide a back-up vehicle to minimize any delay or inconvenience to the customer(s). If the Contractor is unable to provide support for the minimum number of vehicles 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 therefore as explained in section 37 Response Time above. B. The Contractor dispatcher and the Ordering Official will discuss at the time of the order any conflicting orders with the scheduled pick-up time to arrange an acceptable planned time.C. If the Contractor is aware of any delay in meeting a scheduled pick-up time, VA personnel shall be notified of the delay, the reason for the delay, and the estimated time of arrival.D. Contractor will keep the Bed Control or AOD apprised as to when all vehicles are back in service. 51. PROVISION OF GROUND AMBULANCE AND HANDICAP ACCESSIBLE VEHILCE SERVICES: The Contractor shall be required to maintain 95% on-time performance on a daily basis. Trips will be considered "on-time" as long as they arrive at the destination on or before the scheduled arrival time.52. INSPECTION PRIOR TO AWARD: The Government has the right to thoroughly inspect and investigate the establishment, facilities, business reputation and other qualifications of any offeror and to reject any offer, irrespective of price. The Government reserves the right to inspect all ambulance and handicap accessible vehicles prior to award. If any ambulance equipment is added after inspection, subsequent to award of contract, it shall be inspected and approved by the Government before being placed in use under this contract.53. COMPLAINTS AGAINST DRIVERS: Complaints against drivers' behavior or courtesy will be taken by ECHCS and may result in requiring Contractor to remove offending driver(s) from the provisions of contracted services. Drivers who accumulate five (5) unrelated, substantiated 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, the Contracting Officer and/or the COR has the right to prohibit driver from performing service under the contract.54. COMPLAINT HANDLING: A. 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. B. All complaints received by the COR and forwarded to the Contractor shall be investigated promptly. The COR will forward all complaints to the Contracting Officer for appropriate follow-up and documentation to be completed by the Contractor as the COR deems necessary.?C. After investigation and disposition, Contractor shall respond to the Contracting Officer within five (5) working days after receipt by the Contractor.55. CUSTOMER SERVICE and SATISFACTION MONITORING:A. The COR may require customer service surveys to be distributed by the Contractor to patients beingtransported and for turn in directly to the Travel Office to monitor Customer Service and Satisfaction and to obtain information beneficial in processes or service improvement. The Contractor is prohibited from soliciting for positive reports from the patients being serviced. Any positive reports will be earned through appropriately good and proper service rendered. The Contractor will make recommendations to the COR of any initiatives desired to improve or ensure positive outcomes for the patients. B. Contractor will be subject to unannounced VA staff accompanying a patient transport to evaluate driver practices to assess the safety of patients being transported.C. Contractor shall be responsible for documenting customer complaints and other relevant commentsand forwarding these to the VA Contracting Officer or COR within one (1) calendar day of receipt ofcomplaint.56. CHANGES TO CONTRACT: A. The Contracting Officer is responsible for the administration of this contract. The Contracting Officer is the only individual authorized 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 shall in any matter or degree, modify or otherwise affect the terms of this contract.C. The Contracting Officer does, however, reserve the right to designate one or more representatives to act in a capacity of furnishing technical guidance and advice, or generally manage the work to be performed under this contract. A Copy of the Contracting Officer Technical Representative (COR) designation shall be furnished to the Contractor.57. 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 ECHCS or its CBOCs, the Driver, acting for the Contractor, will ensure that the patient’s luggage and medical records (when appropriate) are properly accounted for and delivered with the patient. 58. PAYMENT:A. Invoices shall be submitted bi-monthly, in arrears, listing each trip authorized for transport for the previous period. Attached to the bi-monthly invoice shall be the mileage lookup for those outside the LML (as appropriate) for each patient's trip. B. The monthly invoice shall contain at least the following information: (1) Contract number (2) List of each patient transported with Name and last 4 of SSN (3) Date and cost of each one-way trip (4) Charge for each patient will be broken down into trip rate; number of miles and mileage cost, ifoutside Local mileage limit; and billing amount for other charges not included in trip rate (i.e.oxygen or waiting time, etc) (5) Pick-up location and time of pick-up (6) Destination location and time of delivery (7) Documentation of circumstances when billing for attempted pick-ups that could not be completed and/or waiting time.C. A copy of the bi-monthly Invoice with the mileage lookup (Bing) for authorized trips shall be sent to the address listed below for review and reconciliation for payment: Denver VA Medical Center Attn: Beneficiary Travel (136C) 1055 Clermont St Denver, CO 80220D. Unauthorized/unscheduled transportation shall be submitted for consideration on an individual itemized CMS 1500 or UB 92, and must include ambulance run sheets. If deemed eligible, payment will be made at the contract rate.E. Payment on authorized trips will be made bi- monthly in arrears and shall be processed in accordance with the Prompt Payment Act.F. VA payment is payment in full and Contractor shall not bill veteran nor 3rd party insurance for any trip paid by VA.59. 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 shall not sub-contract any portion of their contract to a sub-contractor. 60. CONTRACTOR FURNISHED SERVICES, PROCEDURES, FORMS & 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) Drivers licenses, DOT permits and other licenses,(4) Education and training records of personnel, oriented and ongoing, and(5) List of all drivers (new/relief drivers must be reported and meet all requirements beforetransporting any VA patients).61. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE: The COR for the Eastern Colorado Health Care System will be Ms. Toni Denham, Supervisor, Eligibility and Registration, Denver VA Medical Center, Denver, CO 80220; telephone number (303-399-8020 x2302). Ms. Denham will be responsible for monitoring the performance of this contract. B.5 PRICE SCHEDULE - ECHCSProvide ambulance services to authorized beneficiaries of the Department of Veterans Affairs Eastern Colorado Healthcare System (ECHCS) as detailed in the document in the contract. It is unknown how many transports will be required, nor when they will be needed. Amounts show are estimates based on historical usage.For all one way trips ordered under the resultant contract, the contractor shall receive the “Basic Rate” quoted below. The Basic Rate shall constitute full compensation for trips which do not exceed 30 miles for ambulance and 20 miles for handicap vehicle transport. The Contractor shall also receive the mileage rate quoted below for any trip which exceeds the Basic Rate mileage. The mileage rate is applicable for only mileage over the Basic Rate mileage, and in no event shall the Contractor receive reimbursement for any mileage within the Basic Rate. The 20 miles shall start when the patient is picked up.Contract period shall be for Base year, plus 4 options to renew.BASE YEAR: September 30, 2013 - September 29, 2014LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST0001Basic Life Support (BLS) Ambulance Services: Basic Rate, under 30 miles1352 tripsTRIP0002Advanced Life Support (ALS) Ambulance Services: Basic Rate, under 30 miles580 tripsTRIP0003BLS/ALSRate per mile, over 30 miles500 milesMILE0004Handicap Accessible Vehicle, under 20 miles180 tripsTRIP0005Handicap Accessible Vehicle, Rate per mile over 20 miles500 milesMILE0006Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOURTOTAL COST, ALL ITEMS BASE YEAR: $_________________________OPTION YEAR 1: September 30, 2014 - September 29, 2015LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST1001Basic Life Support (BLS) Ambulance Services: Basic Rate, under 30 miles1,474 tripsTRIP1002Advanced Life Support (ALS) Ambulance Services: Basic Rate, under 30 miles633 tripsTRIP1003BLS/ALSRate per mile, over 30 miles500 milesMILE1004Handicap Accessible Vehicle, under 20 miles196 tripsTRIP1005Handicap Accessible Vehicle, Rate per mile over 20 miles500 milesMILE1006Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOURTOTAL COST, ALL ITEMS OPTION YEAR 1: $_______________________OPTION YEAR 2: September 30, 2015 - September 29,2016LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST2001Basic Life Support (BLS) Ambulance Services: Basic Rate, under 30 miles1,607 tripsTRIP2002Advanced Life Support (ALS) Ambulance Services: Basic Rate, under 30 miles690 tripsTRIP2003BLS/ALSRate per mile, over 30 miles500 milesMILE2004Handicap Accessible Vehicle, under 20 miles214 tripsTRIP2005Handicap Accessible Vehicle, Rate per mile over 20 miles500 milesMILE2006Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOURTOTAL COST, ALL ITEMS OPTION YEAR 2: $______________________OPTION YEAR 3: September 30, 2016 - September 29, 2017LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST3001Basic Life Support (BLS) Ambulance Services: Basic Rate, under 30 miles1,751 tripsTRIP3002Advanced Life Support (ALS) Ambulance Services: Basic Rate, under 30 miles752 tripsTRIP3003BLS/ALSRate per mile, over 30 miles500 milesMILE3004Handicap Accessible Vehicle, under 20 miles233 tripsTRIP3005Handicap Accessible Vehicle, Rate per mile over 20 miles500 milesMILE3006Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOURTOTAL COST, ALL ITEMS OPTION YEAR 3: $________________________OPTION YEAR 4: September 30, 2017 – September 29, 2018LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST5001Basic Life Support (BLS) Ambulance Services: Basic Rate, under 30 miles1,910 tripsTRIP5002Advanced Life Support (ALS) Ambulance Services: Basic Rate, under 30 miles819 tripsTRIP5003BLS/ALSRate per mile, over 30 miles500 milesMILE4004Handicap Accessible Vehicle, under 20 miles254 tripsTRIP4005Handicap Accessible Vehicle, Rate per mile over 20 miles500 milesMILE4006Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOURTOTAL COST, ALL ITEMS OPTION YEAR 4: $________________________TOTAL COST, ALL ITEMS BASE YEARPLUS FOUR OPTION YEARS: $_____________________________B.6 STATEMENT OF WORK – Sheridan VAMCGROUND AMBULANCE SERVICES Furnish 24 hour basic and advanced life support ambulance services for the beneficiaries of the Department of Veterans Affairs, Sheridan, Wyoming. All services provided under this agreement shall be scheduled in advance with the Contractor.While patients will be located mostly within the Sheridan, Wyoming region, transportation may include other areas of the State of Wyoming, including location of Sheridan VA Outpatient Clinics. These locations include, but are not limited to: Gillette, Casper, Riverton, Powell, Rock Springs, Afton, Worland, and Evanston, and surrounding areas. The VA will pay transportation costs only for eligible VA patients as determined by VA regulations. Contractor may contact the VA Patient Travel Office if there are any questions concerning eligibility. All work under this contract shall be performed in accordance with any applicable US Department of Transportation or OSHA regulations, as well as applicable State transportation, health and safety regulations, Joint Commission standards and standard industry practice.DEFINITION OF SERVICES:Basic Life Support (BLS) services are those life support transportation services which utilize ambulances, Emergency Medical Technician-Basic, or ACLS-prepared RN, equipment and facilities subject to the rules of the Wyoming Department of Public Health and Environment, and the Public Health division of each city and/or county in which services are provided.Advanced Life Support (ALS) services are those life support transportation services which utilize ambulances, paramedics, equipment and facilities subject to the rules of the Wyoming Department of Public Health and Environment, and the Public Health division of each city and/or county in which services are provided. Staff must have appropriate certifications (ACLS, RRT and recent working experience in ICU or ER).Basic Life Support (BLS) patient examples:Patient requiring cardiac monitors and assessment.Patient requiring continuous IV therapy (nitro or lidocaine stable rate).Patient requiring chronic or stable ventilator support.Psychiatric patient requiring restraining devices or sedation, and monitoring.Patient with IV additives, not of a life support nature (low dose Morphine, IV Valium, Heparin).Equipment Requirement:Oxygen at high flow ratesElectrical support for ventilator and/or IV pumpsIV pumpsSuction supportPortable ventilatorRestraining devicesAdvanced Life Support (ALS) patient examples:Patient requiring IV push medications for hemodynamic support.Patient requiring IV nitro or lidocaine with frequent titration.Patient requiring acute, unstable ventilator support.Equipment requirements – in addition to the basic support:Cardiac monitoring ACLS medicationIntubation equipment, suction equipmentMultiple IV pumps for potential Rx dripsAUTHORIZING PERSONNEL:The following VAMC personnel are authorized to request or authorize ambulance services for VAMC:Chief of StaffMedical Officer of the Day (MOD)Supr., Member Services & Customer Service, Business OfficeChief Business OfficerAssistant Chief Business OfficerTravel Clerk/Surrogate Travel ClerkAdministrative Officer of the Day (AOD)BASIC RATE:This includes all supplies normally used in ambulance transports, i.e. linens, sterile supplies, infusion pumps, and any other normal use supplies. Any VA equipment and supplies (for example linens, wheelchairs, infusion pumps) being used by the patient when picked up for transport must be left at the VA.RATES:Payment for transportation will be a base rate in addition to a loaded cost per mile. Trip mileage shall be determined by Google Maps mileage guide (maps.)ORDERS:Requests for services will be made by telephone or in writing from authorized VA personnel. The Government will not be held liable for those services performed by the Contractor which are ordered by unauthorized personnel. An invoice/claim will be submitted to Contracting Officer’s Representative (COR), Business Office or Patient Travel department at the conclusion of each trip reflecting an itemizing of all charges.Non-emergent Transport: The Contractor will notify the VAMC within 15 minutes after receiving a request if they are able to provide the service. If the Contractor cannot provide the service required, the VA reserves the right to obtain the service from another source. VAMC will be the sole judge in determining when to order service from another source.The Contractor will be informed of the condition of the patient at the time of request for service. The Contractor will be required to assign appropriate personnel for the transportation of patient.The Contractor will be required to assist patient from point of pickup to ambulance and from ambulance to point of destination.NUMBER OF PATIENTS:It is understood and agreed that usually one patient will be transported on a trip unless specifically agreed upon by both parties with a decision at the VA made by an Authorized Personnel. When more than one patient is transported on a trip, reimbursement will be made at one base rate not exceeding the cost of transporting a single patient. When loaded mile is involved, the longest distance over which a patient is transported may be claimed when more than one patient is transported in a single ambulance concurrently. Contractor must ensure that pickups and drop-offs are scheduled so that the total distance traveled will result in the most economical charge to the Government.WAITING TIME:For time lost in waiting at either end or both ends of a trip due to causes beyond the Contractor’s control, the Contractor will be reimbursed at the rate proposed. This charge applies if the crew is delayed longer than 15-minutes at time of pickup or delivery. The Proposed rate will be charged in 15-minute increments. If pickup is other than VAMC the Contractor will contact the VAMC Travel Office or Administrative Officer on duty as soon as the Contractor anticipates that a delay for which Contractor expects to claim reimbursement. This call is only for the purpose of verifying the Contractors arrival time at the pickup point (verification is made by confirming the time of pickup with the VA Staff, or the patient when the pickup is made off the VA Campus) and is not necessary if the Contractor anticipates no delay for which the Contractor will claim reimbursement.QUALIFICATIONS:The Contractor must be licensed as both an advanced and basic life support ambulance service by the State of Wyoming to provide Emergency Medical Services. The Contractor must maintain licensure/certification with the State of Wyoming, throughout the life of the contract. License/certification lapses or expiration is grounds for termination of the contract or discontinuance of further ordering from the Contractor.The Contractor must maintain documentation demonstrating they meet all requirements of Federal, State, and County or City codes regarding operation of this type of service. Documentation shall be made available to the VA immediately upon request for the duration of the contract.The Contractor shall comply with the provisions of the Privacy Act of 1974, the Health Insurance Portability and Accountability ACT (HIPAA) of 1988, as well as all applicable VHA regulations pertaining to fire, safety, and infection control, which will be provided by the Contracting Officer Representative (COR).JOINT COMMISSION STANDARDS:The Contractor shall perform required services in accordance with the standards of the Joint Commission, established principles and ethics of the medical profession established by the American Medical Association (AMA) and American College of Emergency Physicians (ACEP). The Contractor shall adhere to Veterans Health Administration (VHA) regulation and the policies, procedures and regulations of the Medical Staff bylaws of the Sheridan VA Medical Center.The Contractor, upon request, shall provide quality data and information related to services provided and participate in VA Medical Center Sheridan Performance Improvement Programs when requested to do so. Upon request, the Contractor shall also provide documentation of the competency of staff that will be providing the contracted services.The Contractor will be responsible for ensuring contractor employees providing work on this contract are fully trained and completely competent to perform the required work. They will also be required to maintain records that document competence/performance level of employees working on this contract. Upon request, the Contractor shall provide a current copy of the competence assessment checklist and annual performance evaluation to the Contracting Officer/COR for each contractor employee working on the contract.HEALTH INFORMATION PORTABILITY AND ACCOUNTABILITY ACT (HIPAA):The Contractor shall comply with the provisions of the Privacy Act of 1974, the Health Insurance Portability and Accountability Act (HIPAA) of 1996, as well as all applicable VHA regulations, which are obtainable at and vhapublications. The Contractor shall not maintain and/or share sensitive or patient identifiable information in any form or for any purposes, other than what is needed to perform its obligation under the established business agreement.SUBCONTRACTING: Services must be furnished only by the contractor. No services may be subcontracted under this contract without prior written approval of the Contracting Officer. Requests for services will be made by VA personnel authorized to request ambulance service. CONTRACTOR PERSONNEL: The Contractor shall ensure that the following personnel (Emergency Medical Technicians (EMT), Paramedic, Non-Emergency Attendant/Drivers) requirements are met.Ensure and certify that personnel performing the services required under this contract are properly licensed and fully trained in the use of the vehicle and equipment that will be used in the carrying out contracted services.The Contractor shall ensure minimum staffing requirements as mandated by the State of Wyoming are met. Each vehicle shall be operated with sufficient personnel for adequate patient care; at least one of whom shall be an Emergency Medical Technician (EMT).Contractor must maintain records of each employee as to character and physical capabilities of performing the services of a driver and/or attendant.A record of each employee as to character, physical capabilities and qualifications performing the duties of an ambulance driver or attendant must be maintained at the contractor’s establishment and made available for inspection upon request of the Contracting Officer or COR.A roster of Paramedics, Registered Nurses (RN), Emergency Medical Technicians (EMT) and Non-Emergency Attendant Drivers shall be furnished to the contracting officer or COR upon request and shall contain the following information:NameParamedic or EMT license numberDriver’s license numberDate of initial trainingDate of refresher trainingTRAINING:Emergency Medical Technicians and Paramedics providing emergency services on ambulances serving the VA must have the following qualifications:Have completed training in accordance with the standard published by the US Department of Health and Human Services (PL 93-154) and State of Wyoming Department of Health, Rules and Regulations for “Wyoming Emergency Medical Services Act of 1977” W.S. 33-36-101 (2008 Revision).VEHICLES:Communications Equipment Criteria:Each ambulance shall be equipped with a two-way radio or telephone or other wireless communication device capable of direct communication with Wyoming hospitals for the purpose of patient evaluation and medical procedure authorization.Any ambulance-to-hospital communication shall be conducted on a Federal Communications Commission (FCC, State Communications Office or Division-approved) frequency.Each ground ambulance shall be identified with MS # for communication purposes with hospitals and other agencies. Ambulances MS# are assigned by the Wyoming Hospital Association on behalf of the OEMS.The ambulance used under the terms of this contract shall be licensed and meet the minimum requirements governing emergency vehicles that are mandated by the State of Wyoming. Licensure must be maintained in current status throughout the term of the contract and a copy of updates provided accordingly.The Contractor must have an adequate number of vehicles to meet the requirements of the contract, along with the evidence of satisfactory vehicle inspection prior to use under the contract.Vehicles and equipment used in the performance of the contract must be clean, orderly, and in excellent operating condition at all times, and records of maintenance/preventive maintenance must be made available for inspection upon request. All vehicles and equipment shall be cleaned and disinfected in accordance with applicable State health and safety requirements. All vehicles shall be smoke free and have “No Smoking” signage posted.The Department of Veterans Affairs reserves the right to thoroughly inspect contractor vehicles prior to award and at any time during performance of any awarded contract. Mechanical defects noted at the time of inspection must be corrected and the ambulance(s) re-inspected prior to use under the contract.AMBULANCE MEDICAL EQUIPMENT:Every ambulance in service under this contract shall be equipped as required by the State of Wyoming and carry at least the minimal equipment necessary for the type of service to be provided as determined by standards adopted by the State of Wyoming.Each emergency care vehicle shall have patient compartment facilities, oxygen and suction systems and equipment, environmental climatic equipment communications and additional systems equipment accessories and supplies as required by the applicable codes, rules and regulations established by Federal, State and local regulating authorities.INSURANCE COVERAGE:Throughout the effective period of this contract, the Contractor shall possess insurance coverage in the minimum amounts to satisfy contract clause VAAR 852.237-71 Indemnification and insurance, or Wyoming state requirements, whichever is higher. Any lapse in required coverage could result in discontinuance of further ordering. Prior to the start of contract performance the Contractor must submit to the contracting officer their certificate of insurance coverage evidencing required levels.RESPONSE TIME:Non-emergent Transport: Response time will be calculated from the time the Contractor shall acknowledge their ability to provide the service within the requested response time. If the Contractor cannot provide the service for any reason, they must notify the VA staff person within 15 minutes requesting the service of their inability to provide the service.Emergent/Urgent Transport: Response time will be within the legal time constraints of the EMTALA regulations. ORIGIN AND DESTINATION:Patients may be transported to or from any designated location within an agreed upon area by both parties at the time of the request. The VA staff will specify the points of origin and the destination of each trip.PATIENT CONDITION UPON ARRIVAL:Upon arrival at the patient pickup point, if the Contractor determines the condition of the patient scheduled for pickup is different than what was stated on the transport request, the Contractor shall notify the authorized VA Personnel for further instruction.TRIP DOCUMENTATION:The Contractor shall document each VA authorized transport with an appropriate document that specifies the date, patient name and identification number, time of pickup, destination, time of drop-off, mileage, all clinical assessments and interventions notes regarding medical issues particular to the specific transport, including recording oxygen, cardiac monitoring and other services provided (i.e. material items, supplies).The Contractor shall include a copy of the trip documentation to the VA at the time of the clinical handoff of the patient. The VA will provide a dedicated printer for the Contractor to print the clinical document from the Wyoming Ambulance Trip Reporting System. CANCELLATION:Contractor shall acknowledge their ability to provide the service within the requested response time. If the Contractor cannot provide the services for any reason, they must notify the Authorized VA personnel as outlined in Response Time Section, requesting the service of their inability to provide the service.The Contractor shall not charge the VA a cancellation fee when cancellations are made prior to the vehicle embarking upon the dispatch.NON-PICK UP OF PATIENT:When ambulance service under the terms of this contract involves a trip to or from a VA facility, but due to unforeseen circumstances the patient is not available for pickup, the Contractor shall collect for the trip at the rates applicable under the pricing portion of the contract.The VA reserves the right to substitute beneficiary requiring service at any time during the performance of the contract to prevent “Unloaded Trips”, delays and cancellations. There shall be no additional charge to the VA when such changes occur.ESCORT:Subject to limitations of current regulations, the VA reserves the right to have an escort, such as a relative or care provider of beneficiary or VA staff, accompany beneficiary when the VA determines that such an escort is in the best interest of the beneficiary. The VA will also be the final judge in determining when an escort is required. There shall be no additional charge to the VA when escorts are authorized to travel with beneficiary. Contractor shall only be required to transport escort with patient and shall not be required to return the escort back to point of origin.INVOICE PROCEDURES: The Contractor shall use an itemized billing format, with the resources furnished when submitting ambulance service invoices.Invoices shall be submitted no later than fifteen (15) calendar days, following the end of the month of services and are to include all contract services furnished for the preceding month. Invoices shall specify the contract number, patient name, date of service, pickup and delivery point and an itemized list of charges allowed under the contract; such as, pickup charge, mileage charge, and any additional materials, items and services necessary (oxygen, etc.). The date of payment will be computed from the date a proper invoice is received by the VA. This will assist the Contractor in expediting the invoices. Invoices are to be submitted to the Sheridan VA COR.The VA will reconcile invoices with trip documents presented at the time of clinical handoffs. Unauthorized charges will be suspended pending investigation. Unauthorized charges are those that are being disputed or have not been pre-approved by authorized VA personnel and that are not allowable under the contract. A final determination will be made within 30 days after notifying the Contractor of charges being suspended.The trip documents will serve as documentation of the transport and will be a source document for reconciliation of the Contractor’s request for payment.INSPECTIONS:Before award or during the effective period of the contract, the VA reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation and other licensure and qualifications of the Contractor.INCIDENT/ACCIDENT REPORT:Any adverse events involving the welfare of a VA beneficiary while in the care of the Contractor during transport shall be recorded and reported immediately to the Medical Officer of the Day (MOD) and subsequently to the COR during administrative hours (7:30am-4:00pm) within 24 hours of the incident.Any adverse events include any incident, accidents or medication or transfusion errors involving injury to VA patients during transport. The Contractor must prepare and submit a detailed incident report with all information necessary to conduct a full review (date, time, patient, place of pick, place of incident, names of parties involved, a detailed summary of events, etc.) with recommended/implemented corrective action within 24 hours of such incident to the COR.PATIENT RIGHTS:The Contractor shall be courteous to VA beneficiaries under their care. Any substantiated mistreatment of patients in the performance of this contract may be cause for termination of the contract, or discontinuance of further placement of orders. The VA reserves the right to request driver removal from transporting VA patients if mistreatment is substantiated. Drivers must be courteous and considerate of all patients they are transporting.The Contractor shall notify the MOD immediately of any complaint made by the patients regarding service issues. The contractor will provide recommendations for improved services to the COR.SAFETY REQUIREMENTS:In order to protect the lives and health of patients, the Contractor shall take such safety precautions as the contracting officer or COR may determine to be reasonable necessary. The contracting officer or COR will notify the Contractor of any safety non-compliance and the action to be taken. The Contractor shall, after receipt of such notice, immediately correct the conditions to which attention has been directed. If the Contractor fails or refused to comply promptly, the Contracting Officer may issue an order stopping all or any part of the work and discontinuance of further order placement.INFECTION CONTROL/HAZAROUS WASTE:Contractor drivers and attendants shall use universal precautionary measures and all hazardous waste approved protocols at all times for the prevention and control of the spread of infectious agents to all persons.CONTRACTOR’S QUALITY CONTROL PROGRAM (QCP):The Contractor shall establish and maintain a complete QCP to assure the requirements of this contract are provided as specified, during the life of the contract. The Contractor’s QCP shall include the following:An Inspection plan covering all services required by this contract.The inspection plan must specify the type of inspections (i.e. scheduled, unscheduled), areas for inspection, frequency of inspections and documentation of inspections, and who will conduct the inspections with his or her title specified.On-site records of all inspections conducted by the Contractor.The inspection records must note findings and necessary corrective action taken, the timeframe, and follow-up responsibility/issues. The VA reserves the right to request copies of any and/or each inspection.Internal procedures for updating medical service protocols.The Contractor must have established internal procedures for updating medical service protocols that have been revised, requires changes and/or incorporation on new protocols since licensing. The changes to processes, equipment and/or protocol that may affect performance of contract must be communicated in writing to the Contracting Office.Methods for identifying and preventing deficiencies.The Contractor must have quality improvement mechanisms in place that allow the business to evaluate the quality of services performed by using established methods for indentifying and preventing deficiencies before the level of performance becomes unacceptable. Specific organizational monitoring functions and areas must be identified with levels of responsibility associated noting intermediate supervisory responsibility and overall management responsibility for ensuring total acceptable performance.On-site competency records of each employee.The Contractor must have employee records available on-site that identifies the character, physical capabilities, certifications and ongoing training records of each employee performing services under this contract.Clinical documentation/trip ticket.The Contractor must account for all requests for services. The clinical documentation will indicate the date and time of service call, name of beneficiary requiring service, type of transportation requested, designated pickup and delivery points, actual time of arrival at pickup and delivery points. The documentation will include complete ongoing clinical monitoring.On-site records for tracking of customer complaints and actions taken.The Contractor shall keep onsite records for tracking customer complaints or problems with the procedures or initiatives implemented for correction and/or elimination of the problem before negative effects cause interruption of performance on contract. Drug Testing Policy.The Contractor shall have internal policies and procedures for addressing drug and alcohol abuse.MISCELLANEOUS:Contractor employees shall conduct themselves in a professional manner at all times while on VA premises.The Contractor may not transport other community clients with VA beneficiaries under this contract.Contractor employees shall not use any handheld device for texting while operating a vehicle.B.7 PRICE SCHEDULE - Sheridan VAMCProvide ground ambulance services to authorized beneficiaries of the Department of Veterans Affairs Sheridan VAMC as detailed in the SOW. It is unknown how many transports will be required, nor when they will be needed. Amounts shown are estimates based on historical usage.For all one way trips ordered under the resultant contract, the contractor shall receive the “Basic Rate” quoted below. The Basic Rate shall constitute full compensation for trips which do not exceed 20 miles. The Contractor shall also receive the mileage rate quoted below for any trip which exceeds 20 miles. The mileage rate is applicable for only mileage over the 20 miles, and in no event shall the Contractor receive reimbursement for any mileage within the Basic Rate. The 20 miles shall start when the patient is picked up.BASE YEAR: September 30, 2013 – September 29, 2014LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST0001Basic Life Support Ambulance Services: Basic Rate, under 20 miles200 tripsTRIP$________$__________0002Advanced Life Support Ambulance Services: Basic Rate, under 20 miles200 tripsTRIP$________$__________0003Rate per mile, over 20 miles500 milesMILE$________$__________0004Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOUR$________$__________TOTAL COST, ALL ITEMS BASE YEAR: $_______________________OPTION YEAR 1: September 30, 2014 – September 29, 2015LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST1001Basic Life Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________1002Advanced Like Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________1003Rate per mile, over 20 miles500 milesMILE$________$_________1004Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOUR$________$_________TOTAL COST, ALL ITEMS OPTION YEAR 1: $_______________________OPTION YEAR 2: September 30, 2015 – September 29, 2016LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST2001Basic Life Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________2002Advanced Like Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________2003Rate per mile, over 20 miles500 milesMILE$________$_________2004Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOUR$________$_________TOTAL COST, ALL ITEMS OPTION YEAR 2: $_______________________OPTION YEAR 3: September 30, 2016 – September 29, 2017LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST3001Basic Life Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________3002Advanced Like Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________3003Rate per mile, over 20 miles500 milesMILE$________$_________3004Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOUR$________$_________TOTAL COST, ALL ITEMS OPTION YEAR 3: $_______________________OPTION YEAR 4: September 30, 2017 – September 29, 2018LINE ITEM NUMBERDESCRIPTIONESTIMATEDQUANTITYUNIT (per)UNITCOSTTOTALCOST4001Basic Life Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________4002Advanced Like Support Ambulance Services: Basic Rate, under 20 miles527 tripsTRIP$________$_________4003Rate per mile, over 20 miles500 milesMILE$________$_________4004Prolonged Wait Time(Applies if contractor is delayed longer than 15 minutes at time of pick-up or delivery)20 hoursHOUR$________$_________TOTAL COST, ALL ITEMS OPTION YEAR 4: $_______________________TOTAL COST, ALL ITEMS BASE YEARPLUS FOUR OPTION YEARS: $_______________________SECTION C - CONTRACT CLAUSESC.1 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (FEB 2012) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies(or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-- Central Contractor Registration, or 52.232-34, Payment by Electronic Funds Transfer--Other Than Central Contractor Registration), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment.- (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-- (A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in Section 611 of the Contract Disputes Act of 1978 (Public Law 95-563), which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if-- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 3701, et seq., Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58, Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments (9) The specification. (t) Central Contractor Registration (CCR). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of subpart 42.12; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via CCR accessed through or by calling 1-888-227-2423 or 269-961-5757.(End of Clause)ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following clauses are incorporated into 52.212-4 as an addendum to this contract:C.2 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): (End of Clause)FAR NumberTitleDate52.203-16PREVENTING PERSONAL CONFLICTS OF INTERESTDEC 201152.204-4PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPERMAY 201152.204-9PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNELJAN 2011C.3 52.216-18 ORDERING (OCT 1995) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from September 30, 2013 through September 29, 2018. (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.(End of Clause)C.4 52.216-19 ORDER LIMITATIONS (OCT 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1 trip, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. (b) Maximum order. The Contractor is not obligated to honor-- (1) Any order for a single item in excess of $1,000,000.00; (2) Any order for a combination of items in excess of $1,000,000.00; or (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 365 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.(End of Clause)C.5 52.216-22 INDEFINITE QUANTITY (OCT 1995) (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after September 29, 2018.(End of Clause)C.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.(End of Clause)C.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.(End of Clause)C.8 52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective-- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.(End of Clause)C.9 SUPPLEMENTAL INSURANCE REQUIREMENTS In accordance with FAR 28.307-2 and FAR 52.228-5, the following minimum coverage shall apply to this contract: (a) Workers' compensation and employers liability: Contractors are required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (b) General Liability: $500,000.00 per occurrences. (c) Automobile liability: $200,000.00 per person; $500,000.00 per occurrence and $20,000.00 property damage. (d) The successful bidder must present to the Contracting Officer, prior to award, evidence of general liability insurance without any exclusionary clauses for asbestos that would void the general liability coverage.(End of Clause)C.10 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984) Funds are not presently available for performance under this contract beyond September 29. The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 29, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.(End of Clause)C.11 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG 2012) This clause implements the temporary policy provided by OMB Policy Memorandum M-12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012. (a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor. (b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns. (c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.(End of Clause)C.12 52.237-3 CONTINUITY OF SERVICES (JAN 1991) (a) The Contractor recognizes that the services under this contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another contractor, may continue them. The Contractor agrees to (1) furnish phase-in training and (2) exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The Contractor shall, upon the Contracting Officer's written notice, (1) furnish phase-in, phase-out services for up to 90 days after this contract expires and (2) negotiate in good faith a plan with a successor to determine the nature and extent of phase-in, phase-out services required. The plan shall specify a training program and a date for transferring responsibilities for each division of work described in the plan, and shall be subject to the Contracting Officer's approval. The Contractor shall provide sufficient experienced personnel during the phase-in, phase-out period to ensure that the services called for by this contract are maintained at the required level of proficiency. (c) The Contractor shall allow as many personnel as practicable to remain on the job to help the successor maintain the continuity and consistency of the services required by this contract. The Contractor also shall disclose necessary personnel records and allow the successor to conduct on-site interviews with these employees. If selected employees are agreeable to the change, the Contractor shall release them at a mutually agreeable date and negotiate transfer of their earned fringe benefits to the successor. (d) The Contractor shall be reimbursed for all reasonable phase-in, phase-out costs (i.e., costs incurred within the agreed period after contract expiration that result from phase-in, phase-out operations) and a fee (profit) not to exceed a pro rata portion of the fee (profit) under this contract.(End of Clause)C.13 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008) The bidder or offeror agrees that if a contract is awarded to him/her, as a result of this solicitation, he/she will not advertise the award of the contract in his/her commercial advertising in such a manner as to state or imply that the Department of Veterans Affairs endorses a product, project or commercial line of endeavor.(End of Clause)C.14 VAAR 852.203-71 DISPLAY OF DEPARTMENT OF VETERAN AFFAIRS HOTLINE POSTER (DEC 1992) (a) Except as provided in paragraph (c) below, the Contractor shall display prominently, in common work areas within business segments performing work under VA contracts, Department of Veterans Affairs Hotline posters prepared by the VA Office of Inspector General. (b) Department of Veterans Affairs Hotline posters may be obtained from the VA Office of Inspector General (53E), P.O. Box 34647, Washington, DC 20043-4647. (c) The Contractor need not comply with paragraph (a) above if the Contractor has established a mechanism, such as a hotline, by which employees may report suspected instances of improper conduct, and instructions that encourage employees to make such reports.(End of Clause)C.15 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (DEC 2009) (a) In an effort to achieve socioeconomic small business goals, depending on the evaluation factors included in the solicitation, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business status and their proposed use of eligible service-disabled veteran-owned small businesses and veteran-owned small businesses as subcontractors. (b) Eligible service-disabled veteran-owned offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the Service-Disabled Veteran-Owned and Veteran-owned Small Business Status evaluation factor. To receive credit, an offeror must be registered and verified in Vendor Information Pages (VIP) database. (). (c) Non-veteran offerors proposing to use service-disabled veteran-owned small businesses or veteran-owned small businesses as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be registered and verified in the VIP database ().(End of Provision)C.16 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (DEC 2009) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses or veteran-owned small businesses proposed as subcontractors in accordance with 852.215-70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors, or to substitute one or more service-disabled veteran-owned small businesses or veteran-owned small businesses for subcontract work of the same or similar value.(End of Clause)C.17 VAAR 852.228-71 INDEMNIFICATION AND INSURANCE (JAN 2008) (a) Indemnification. The contractor expressly agrees to indemnify and save the Government, its officers, agents, servants, and employees harmless from and against any and all claims, loss, damage, injury, and liability, however caused, resulting from, arising out of, or in any way connected with the performance of work under this agreement. Further, it is agreed that any negligence or alleged negligence of the Government, its officers, agents, servants, and employees, shall not be a bar to a claim for indemnification unless the act or omission of the Government, its officers, agents, servants, and employees is the sole, competent, and producing cause of such claims, loss, damage, injury, and liability. At the option of the contractor, and subject to the approval by the contracting officer of the sources, insurance coverage may be employed as guaranty of indemnification. (b) Insurance. Satisfactory insurance coverage is a condition precedent to award of a contract. In general, a successful bidder must present satisfactory evidence of full compliance with State and local requirements, or those below stipulated, whichever are the greater. More specifically, workers' compensation and employer's liability coverage will conform to applicable State law requirements for the service contemplated, whereas general liability and automobile liability of comprehensive type shall, in the absence of higher statutory minimums, be required in the amounts per vehicle used of not less than $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. State-approved sources of insurance coverage ordinarily will be deemed acceptable to the Department of Veterans Affairs installation, subject to timely certifications by such sources of the types and limits of the coverages afforded by the sources to the bidder. [Contracting Officer's Note: In those instances where airplane service is to be used, substitute the word "aircraft" for "automobile" and "vehicle" and modify coverage to require aircraft public and passenger liability insurance of at least $200,000 per passenger and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.](End of Clause)C.18 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV 2012) (a) Definitions. As used in this clause— (1) Contract financing payment has the meaning given in FAR 32.001. (2) Designated agency office has the meaning given in 5 CFR 1315.2(m). (3) Electronic form means an automated system transmitting information electronically according to the Accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests. (4) Invoice payment has the meaning given in FAR 32.001. (5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract. (b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required. (c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following: (1) VA’s Electronic Invoice Presentment and Payment System. (See Web site at .) (2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National Standards Institute (ANSI). The X12 EDI Web site () includes additional information on EDI 810 and 811 formats. (d) Invoice requirements. Invoices shall comply with FAR 32.905. (e) Exceptions. If, based on one of the circumstances below, the contracting officer directs that payment requests be made by mail, the contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office. Submission of payment requests by mail may be required for: (1) Awards made to foreign vendors for work performed outside the United States; (2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information; (3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies; (4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or (5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.(End of Clause)C.19 VAAR 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 2008) (a) It is expressly agreed and understood that this is a non- personal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor or its health-care providers are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided but retains no control over professional aspects of the services rendered, including by example, the Contractor's or its health-care providers' professional medical judgment, diagnosis, or specific medical treatments. The Contractor and its health-care providers shall be liable for their liability-producing acts or omissions. The Contractor shall maintain or require all health-care providers performing under this contract to maintain, during the term of this contract, professional liability insurance issued by a responsible insurance carrier of not less than the following amount(s) per specialty per occurrence: *__________________. However, if the Contractor is an entity or a subdivision of a State that either provides for self-insurance or limits the liability or the amount of insurance purchased by State entities, then the insurance requirement of this contract shall be fulfilled by incorporating the provisions of the applicable State law.* Amounts are listed below: (b) An apparently successful offeror, upon request of the Contracting Officer, shall, prior to contract award, furnish evidence of the insurability of the offeror and/or of all health- care providers who will perform under this contract. The submission shall provide evidence of insurability concerning the medical liability insurance required by paragraph (a) of this clause or the provisions of State law as to self-insurance, or limitations on liability or insurance. (c) The Contractor shall, prior to commencement of services under the contract, provide to the Contracting Officer Certificates of Insurance or insurance policies evidencing the required insurance coverage and an endorsement stating that any cancellation or material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer. Certificates or policies shall be provided for the Contractor and/or each health- care provider who will perform under this contract. (d) The Contractor shall notify the Contracting Officer if it, or any of the health-care providers performing under this contract, change insurance providers during the performance period of this contract. The notification shall provide evidence that the Contractor and/or health-care providers will meet all the requirements of this clause, including those concerning liability insurance and endorsements. These requirements may be met either under the new policy, or a combination of old and new policies, if applicable. (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for health-care services under this contract. The Contractor shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the provisions set forth in paragraph (a) of this clause.* Amounts from paragraph (a) above:$1,000,000.00 (End of Clause)C.20 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984) The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of Colorado and/or Wyoming. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.(End of Clause)C.21 VAAR 852.271-70 NONDISCRIMINATION IN SERVICES PROVIDED TO BENEFICIARIES (JAN 2008) The contractor agrees to provide all services specified in this contract for any person determined eligible by the Department of Veterans Affairs, regardless of the race, color, religion, sex, or national origin of the person for whom such services are ordered. The contractor further warrants that he/she will not resort to subcontracting as a means of circumventing this provision.(End of Provision)(End of Addendum to 52.212-4)C.22 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104 (g)). (2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78) (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402). [X] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). [] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) [X] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (AUG 2012) (Pub. L. 109-282) (31 U.S.C. 6101 note). [] (5) 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements (JUL 2010) (Pub. L. 111-5). [X] (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note). [X] (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (FEB 2012) (41 U.S.C. 2313). [] (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161). [] (9) 52.219-3, Notice of HUBZone Set-Aside or Sole Source Award (NOV 2011) (15 U.S.C. 657a). [] (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). [] (11) [Reserved] [] (12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644). [] (ii) Alternate I (NOV 2011). [] (iii) Alternate II (NOV 2011). [X] (13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). [] (ii) Alternate I (Oct 1995) of 52.219-7. [] (iii) Alternate II (Mar 2004) of 52.219-7. [X] (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)). [] (15)(i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)). [] (ii) Alternate I (Oct 2001) of 52.219-9. [] (iii) Alternate II (Oct 2001) of 52.219-9. [] (iv) Alternate III (JUL 2010) of 52.219-9. [X] (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)). [X] (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)). [] (18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). [] (19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer.) [] (ii) Alternate I (June 2003) of 52.219-23. [] (20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323). [] (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f). [X] (23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)). [] (24) 52.219–29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)). [] (25) 52.219–30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)). [X] (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755). [] (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012) (E.O. 13126). [X] (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999). [X] (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). [X] (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). [X] (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). [X] (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212). [X] (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). [X] (34) 52.222-54, Employment Eligibility Verification (JUL 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) [] (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) [] (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C. 8259b). [] (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423). [] (ii) Alternate I (DEC 2007) of 52.223-16. [X] (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) [] (39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d). [] (40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). [] (ii) Alternate I (MAR 2012) of 52.225-3. [] (iii) Alternate II (MAR 2012) of 52.225-3. [] (iv) Alternate III (NOV 2012) of 52.225-3. [] (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). [X] (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). [] (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). [] (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). [] (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)). [] (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332). [X] (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332). [] (49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332). [] (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). [] (51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). [] (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [X] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). [X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).Employee ClassMonetary Wage-Fringe Benefits12010 Ambulance DriverGS-512040 Emergency Medical TechGS-5 [X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.). [] (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). [] (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). [X] (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495). [] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247) [] (9) 52.237-11, Accepting and Dispensing of $1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)). (ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793). (vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements "(Nov 2007)" (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (FEB 2009)(41 U.S.C. 351, et seq.). (xii) 52.222-54, Employee Eligibility Verification (JUL 2012) (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009)(Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.(End of Clause)C.23 MANDATORY WRITTEN DISCLOSURES Mandatory written disclosures required by FAR clause 52.203-13 to the Department of Veterans Affairs, Office of Inspector General (OIG) must be made electronically through the VA OIG Hotline at and clicking on "FAR clause 52.203-13 Reporting." If you experience difficulty accessing the website, call the Hotline at 1-800-488-8244 for further instructions.SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTSD.1 BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS VETERANS HEALTH ADMINISTRATION AND Whereas, (Business Associate) provides services to the Department of Veterans Affairs Veterans Health Administration (Covered Entity); and Whereas, in order for Business Associate to provide services to Covered Entity, Covered Entity discloses to Business Associate Protected Health Information (PHI) and Electronic Protected Health Information (EPHI) pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), Pub. L. 104-191, 110 Stat. 1936 (1996), and its implementing regulations, 45 C.F.R. Parts 160, 162, and 164 (“the HIPAA Privacy and Security Rules”); and Whereas, the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, 123 Stat. 115 (2009), pursuant to Title XIII of Division A and Title IV of Division B, called the Health Information Technology for Economic and Clinical Health (HITECH) Act, provides modifications to the HIPAA Privacy and Security Rules; and Whereas, Department of Veterans Affairs Veterans Health Administration is a “Covered Entity” as that term is defined in the HIPAA implementing regulations, 45 C.F.R. § 160.103; and Whereas, , including its employees, officers, contractors, subcontractors, or any other agents, as a recipient of PHI from Covered Entity in order to provide services to Covered Entity, is a "Business Associate" of Covered Entity as the term "Business Associate" is defined in the HIPAA implementing regulations, 45 CFR 160.103; and Whereas, pursuant to the Privacy and Security Rules, all Business Associates of Covered Entities must agree in writing to certain mandatory provisions regarding the Use and Disclosure of PHI; and Whereas, the purpose of this Agreement is to comply with the requirements of the Privacy and Security Rules, including, but not limited to, the Business Associate Agreement requirements at 45 C.F.R. §§ 164.308(b), 164.314(a), 164.410, 164.502(e), and 164.504(e), as may be amended. NOW, THEREFORE, the Covered Entity and Business Associate agree as follows:1. Definitions. Unless otherwise provided in this Agreement, capitalized terms and phrases that are defined in the Privacy and Security Rules have the same meanings as set forth in the Privacy and Security Rules. When the phrase “Protected Health Information” and the abbreviation “PHI” are used in this 2. Ownership of PHI. PHI provided by Covered Entity to Business Associate and its agents and subcontractors, or gathered by them on behalf of the Covered Entity, under this BAA are the property of Covered Entity. Agreement, they include the phrase “Electronic Protected Health Information” and the abbreviation “EPHI.” 2. Ownership of PHI. PHI provided by Covered Entity to Business Associate and its contractors, subcontractors, or other agents, or gathered by them on behalf of Covered Entity under this Agreement is the property of Covered Entity. 3. Scope of Use and Disclosure by Business Associate of Protected Health Information. Unless otherwise limited herein, Business Associate may: A. Make Uses and Disclosures of PHI that is disclosed to it by Covered Entity or received by Business Associate on behalf of Covered Entity as necessary to perform its obligations under this Agreement and all applicable agreements, provided that such Use or Disclosure would not violate the HIPAA Privacy Rule if made by Covered Entity and complies with Covered Entity’s minimum necessary policies and procedures; B. Use the PHI received in its capacity as a Business Associate of Covered Entity for its proper management and administration and to fulfill any legal responsibilities of Business Associate; C. Make a Disclosure of the PHI in its possession to a third party for the proper management and administration of Business Associate or to fulfill any legal responsibilities of Business Associate; provided, however, that the Disclosure would not violate the HIPAA Privacy Rule if made by Covered Entity, or is Required by Law; and Business Associate has received from the third party written assurances that (a) the information will be held confidentially and used or further disclosed only for the purposes for which it was disclosed to the third party or as Required By Law, (b) the third party will notify Business Associate of any instances of which it becomes aware in which the confidentiality of the information may have been breached, and (c) the third party has agreed to implement reasonable and appropriate steps to safeguard the information; D. Engage in Data Aggregation activities, consistent with the HIPAA Privacy Rule; and E. De-identify any and all PHI created or received by Business Associate under this Agreement, provided that the de-identification conforms to the requirements of the HIPAA Privacy Rule.4. Obligations of Business Associate. In connection with its Use or Disclosure of PHI, Business Associate agrees that it will: A. Consult with Covered Entity before making the Use or Disclosure whenever Business Associate is uncertain whether it may make a particular Use or Disclosure of PHI in performance of this Agreement; B. Ensure any employee, officer, contractor, subcontractor, or other agent of Business Associate who has access to PHI receives at a minimum annual privacy and security awareness training that conforms to the requirements of Covered Entity; C. Develop and document policies and procedures and use reasonable and appropriate safeguards to prevent use or disclosure of PHI other than as provided by this Agreement; D. To the extent practicable, mitigate any harmful effect of a Use or Disclosure of PHI by Business Associate in violation of this Agreement that is known or, by exercising reasonable diligence, should have been known to Business Associate; E. Maintain a system or process to account for any Security Incident, Privacy Incident, or Use or Disclosure of PHI not authorized by this Agreement of which Business Associate becomes aware; F. Notify Covered Entity within 24 hours of Business Associate’s discovery of any incident which may potentially be a data breach, including a HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI, whether secured (PHI which has been destroyed or in the alternative has been rendered unreadable, unusable, or undecipherable through methodology specified by the Department of Health and Human Services in guidance issued under § 13402(h)(2) of the HITECH Act) or unsecured (PHI not secured through the use of a technology which renders it unusable, unreadable, or indecipherable through such methodology), not provided for by this Agreement and promptly provide a report to Covered Entity within ten (10) business days of the notification; (1) An incident is any physical, technical, or personal activity or event that, a reasonable person believes, increases risk of inappropriate or unauthorized use or disclosure of PHI or causes Covered Entity to be considered non-compliant with the HIPAA Privacy and Security Rules; (2) A breach, as defined in 45 C.F.R. § 164.402, is an unauthorized acquisition, access, use, or disclosure of PHI in a manner not permitted under the HIPAA Privacy Rule which compromises the security or privacy of the PHI by posing a significant risk of financial , reputational, or other harm to the individual; (3) A breach, consistent with 45 C.F.R. § 164.410(a)(2), will be treated as discovered as of the first day on which such breach is known to Business Associate or, by exercising reasonable diligence, would have been known to Business Associate, or any employee, officer, contractor, subcontractor, or other agent of Business Associate; (4) Notification will be made by Business Associate to the Director, Health Information Governance, by email at VHABAAIssues@ of any HIPAA Electronic Transactions and Code Sets, Privacy, Security or Standard Identifier Incident, or Use or Disclosure of PHI not provided for by this Agreement; and (5) A written report of the incident, submitted to the Director, Health Information Governance, within ten (10) business days after initial notification, will document the following: (a) The identification of each individual whose PHI has been, or is reasonably believed by Business Associate to have been, accessed, acquired, used, or disclosed during the breach; (b) A brief description of what occurred, including the date of the breach and the date of the discovery of the breach (if known); (c) A description of the types of secured and/or unsecured PHI that was involved; (d) A description of what is being done to investigate the breach, to mitigate further harm to individuals, and the reasonable and appropriate safeguards being taken to protect against future breaches; and (e) Any other information described in 45 C.F.R. § 164.404(c) (6) This report should be documented as a letter and sent to:Director, Health Information GovernanceDepartment of Veterans Affairs – Veterans Health AdministrationOffice of Informatics and Analytics (10P)810 Vermont Avenue NWWashington, DC 20420 G. Implement administrative, physical, and technical safeguards and controls for the PHI that Business Associate receives, maintains, or transmits on behalf of Covered Entity, including policies, procedures, training, and sanctions, in compliance with Federal Information Security Management Act (FISMA), Pub. L. No. 107-347, 116 Stat. 2946 (2002); the HIPAA Privacy and Security Rules, 45 C.F.R. Parts 160, 162, and 164; standards and guidance from the Office of Management and Budget and the National Institute of Standards and Technology; Federal Records Act requirements, National Archives and Records Administration regulations, to include applicable records retention schedules, and other laws, regulations, and policies pertaining to safeguarding VA Sensitive Data; H. Require contractors, subcontractors, or other agents to whom Business Associate provides PHI received from Covered Entity to agree to the same restrictions and conditions that apply to Business Associate pursuant to this Agreement, including implementation of administrative, physical, and technical safeguards and controls, including policies, procedures, training, and sanctions, in compliance with the above-referenced legal authorities; I. Obtain satisfactory written assurances from contractors, subcontractors, or other agents to whom Business Associate provides PHI received from Covered Entity that the contractors, subcontractors, or other agents agree to the same restrictions and conditions that apply to Business Associate pursuant to this Agreement; J. If Business Associate maintains PHI in a Designated Record Set or Privacy Act System of Records, within ten (10) business days of receiving a written request from Covered Entity: (1) Make available PHI in the Designated Record Set or System of Records necessary for Covered Entity to respond to individuals’ requests for access to PHI about them that is not in the possession of Covered Entity; (2) Incorporate any amendments or corrections to the PHI in the Designated Record Set or System of Records in accordance with the Privacy Act and the HIPAA Privacy Rule; and (3) Maintain the information necessary to document the disclosures of PHI sufficient to make an accounting of those disclosures as required under the Privacy Act, 5 U.S.C. § 552a, and the HIPAA Privacy Rule, and within ten (10) business days of receiving a request from Covered Entity, make available the information necessary for Covered Entity to make an accounting of Disclosures of PHI about an individual in the Designated Record Set or System of Records; K. Utilize only contractors, subcontractors, or other agents who are physically located within a jurisdiction subject to the laws of the United States and ensure that no contractor, subcontractor, or agent maintains, processes, uses, or discloses PHI received from Covered Entity in any way that will remove the PHI from such jurisdiction. Any modification to this provision must be approved by Covered Entity in advance and in writing; L. Provide satisfactory assurances that the confidentiality, integrity, and availability of the PHI provided by Covered Entity under this Agreement are reasonably and appropriately protected; M. Upon completion or termination of the applicable contract(s) or agreement(s), return and/or destroy, at Covered Entity’s option, the PHI gathered, created, received, or processed during the performance of the contract(s) or agreement(s). No data will be retained by Business Associate, or contractor, subcontractor, or other agent of Business Associate, unless retention is required by law and specifically permitted by Covered Entity. As deemed appropriate by and under the direction of Covered Entity, Business Associate shall provide written assurance that all PHI has been returned to Covered Entity or destroyed by Business Associate. If immediate return or destruction of all data is not possible, Business Associate shall notify Covered Entity and assure that all PHI retained will be safeguarded to prevent unauthorized Uses or Disclosures; N. Be liable to Covered Entity for any civil or criminal penalties imposed on Covered Entity under the HIPAA Privacy and Security Rules in the event of a violation of the Rules as a result of any practice, behavior, or conduct by Business Associate; O. Make available to Covered Entity its practices, policies and procedures, for the purpose of determining compliance with this Agreement and underlying agreements; and P. Make available to the Secretary of Health and Human Services Business Associate’s internal practices, books, and records, including policies and procedures, relating to the Use or Disclosure of PHI for purposes of determining Covered Entity’s compliance with the Privacy and Security Rules, subject to any applicable legal privileges. 5. Obligations of Covered Entity. Covered Entity agrees that it: A. Has obtained or will obtain from Individuals any consents, authorizations, and other permissions necessary or required by laws applicable to Covered Entity for Business Associate and Covered Entity to fulfill their obligations under this Agreement; B. Will promptly notify Business Associate in writing of any restrictions on the Use and Disclosure of PHI about Individuals that Covered Entity has agreed to that may affect Business Associate’s ability to perform its obligations under this Agreement; and C. Will promptly notify Business Associate in writing of any change in, or revocation of, permission by an Individual to use or disclose PHI, if such change or revocation may affect Business Associate’s ability to perform its obligations under this Agreement; 6. Material Breach and Termination. A. Termination for Cause. Upon Covered Entity’s knowledge of a material breach by Business Associate, Covered Entity shall either: (1) Provide an opportunity for Business Associate to cure the breach or end the violation; (2) Terminate this Agreement and underlying contract(s) if Business Associate does not cure the breach or end the violation within the time specified by Covered Entity; or (3) Immediately terminate this Agreement and underlying contract(s) if cure is not possible; or (4) If Business Associate has breached a material term of this Agreement and neither termination nor cure is feasible, report the violation to the Secretary of Health and Human Services. B. Termination Upon Review. This Agreement may be terminated by Covered Entity, if appropriate, upon review as defined in Section 12 of this Agreement. C. Automatic Termination. This Agreement will automatically terminate upon completion of the Business Associate’s duties under all underlying agreements or by mutual written agreement to terminate underlying agreements. D. Effect of Termination. Termination of this Agreement will result in cessation of activities by Business Associate involving PHI under this Agreement. 7. Amendment. Business Associate and Covered Entity agree to take such action as is necessary to amend this Agreement for Covered Entity to comply with the requirements of the Privacy and Security Rules or other applicable law. 8. No Third Party Beneficiaries. Nothing expressed or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than the parties and their respective successors or assigns, any rights, remedies, obligations, or liabilities whatsoever. 9. Other Applicable Law. This Agreement does not and is not intended to abrogate any responsibilities of the parties under any other applicable law. 10. Effect of Agreement. With respect solely to the subject matter herein, the terms and conditions in a National Business Associate Agreement, executed by the Director, Health Information Governance, or a designated representative, will supersede any local business associate agreement between Business Associate and a component of VHA. The parties also agree that a National Business Associate Agreement, unless itself modified by the parties, will control and cannot be superseded, modified, or nullified by any local business associate agreement. 11. Effective Date. This Agreement shall be effective on the last signature date below. 12. Review Date. The provisions of this Agreement will be reviewed by Covered Entity every two years from Effective Date to determine the applicability of the agreement based on the relationship of the parties at the time of review.Department of Veterans Affairs Veterans Health AdministrationBy: By: Name: Name: Title: Title: Date: Date: D.2 CMS AMBULANCE BILLING GUIDESee attached document: CMS Ambulance Billing Guide May 2013.D.3 STAR OF LIFE AMBULANCE SPECSSee attached document: Star of life ambulance specs KKK-A-1822F-08.01.2007.D.4 STAR OF LIFE AMBULANCE SPECS CHANGE 1See attached document: Star of life ambulance specs KKK-A-1822F change notice 1.D.5 STAR OF LIFE AMBULANCE SPECS CHANGE 2See attached document: Star of life ambulance specs KKK-A-1822F change notice 2.D.6 STAR OF LIFE AMBULANCE SPECS CHANGE 3See attached document: Star of life ambulance specs KKK-A-1822F change notice 3.D.7 STAR OF LIFE AMBULANCE SPECS CHANGE 4See attached document: Star of life ambulance specs KKK-A-1822F change notice 4.SECTION E - SOLICITATION PROVISIONSE.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JUN 2012) (a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition is 621910 and $14.0 million, respectively. (b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show -- (1) The solicitation number; (2) The time specified in the solicitation for receipt of offers; (3) The name, address, and telephone number of the offeror; (4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary; (5) Terms of any express warranty; (6) Price and any discount terms; (7) "Remit to" address, if different than mailing address; (8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically); (9) Acknowledgment of Solicitation Amendments; (10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and (11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration. (12) See Addendum to 52.212-1 in Paragraph m below for more detailed instructions. (c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 60 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation. (d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing. (e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately. (f) Late submissions, modifications, revisions, and withdrawals of offers. (1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due. (2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-- (A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or (B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or (C) If this solicitation is a request for proposals, it was the only proposal received. (ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. (5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer. (g) Contract award. The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. (h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer. (i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-- GSA Federal Supply Service Specifications Section Suite 8100 470 East L'Enfant Plaza, SW, Washington, DC 20407 Telephone (202) 619-8925 Facsimile (202) 619-8978. (ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee. (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (). (ii) Quick Search (). (iii) (). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by: (i) Using the ASSIST Shopping Wizard (); (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462. (4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance. (j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at . An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office. (k) Central Contractor Registration. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the Internet at or by calling 1-888-227-2423 or 269-961-5757. (l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable: (1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer. (2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror. (3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection. (4) A summary of the rationale for award; (5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror. (6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.(m) Addendum to FAR 52.212-1, Submission of Proposals:(1) Evaluation Process. This will be a “best value” evaluation based on the four evaluation factors of Management, Technical Capability, Past Performance, and Price. All non-priced evaluation factors are equal in importance with each other. All non-priced evaluation factors when combined are significantly more important than Price. (2) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers shall be submitted on the SF 1449 and include a technical proposal, a past performance proposal and price proposal. If an offeror is a small business, indicate type of socio-economic category the small business falls under. (3) Proposal Format:(i) Pages: The page size of the Offeror’s proposal shall not exceed 8 1/2” x 11”. A page is defined as one single side of text 8 1/2” x 11” sheet of paper or one printed side of a foldout page. (ii)Printing: Printing shall be one and one-half spaced with a font size no smaller than what is equivalent to Microsoft Word, Times New Roman, Font 11, with at least a one-inch margin on all sides of the printed page.(iii)Electronic Copy: The offeror shall provide the electronic copy via email to the Contracting Officer in pdf format. (4) Management – Factor 1.Offeror shall describe the company’s quality control assurance surveillance plan tailored toward meeting the requirements of the solicitation that will ensure prompt and quality service. Offeror shall also address their contingency plan in the event of a vehicle breakdown, inclement weather or natural disaster and other emergency situations. (5) Technical Capability – Factor 2.Offeror shall provide a detailed description and copies of the qualifications, licenses, training and frequency of training and experience of the personnel that will be employed to provide the required service. Provide a written description and a list of the vehicle fleet and equipment available to the company in performance of this requirement. The vehicle and equipment list should include make, model, year, Vehicle Identification Number and/or Serial Number. Describe the company’s ability to provide Advanced Life Support and Basic Life Support services in the solicitation. (6) Past Performance Information - Factor 3. Offeror shall identify all federal, state and local government contracts as well as any private/commercial contracts of similar size, scope and complexity that are ongoing or have been completed within the last three years. Include the following information for each contract: name and address of contracting activity (company name), contract number, type of contract, total contract amount, and status, date of award and completion, description and location of contract work, list of major subcontractors if any, Contracting Officer or individual responsible for signing the contract, and their telephone and fax number, and the COR’s/Administrator’s name, telephone and fax numbers. Offerors may provide information on problems encountered on identified contracts and the offeror’s corrective action.Past performance information is one indicator of an offeror’s ability to perform the contract successfully. Current and relevant information, source of information, context of data, and general trends in Contractor’s performance shall be considered as it pertains to the performance of work described in this solicitation. Offerors may provide information on problems encountered on identified contracts and the offeror’s corrective action. The Government shall consider this information as well as information obtained from any other sources, when evaluating the offeror’s past performance. In accordance with FAR 15.305, offerors with no relevant past performance or whom information is not available, shall not be evaluated favorably or unfavorably on past performance.The Offeror shall provide examples of past performance and experience, as a prime contractor, in ambulance services comparable in size and complexity to the one described in this solicitation.? Consideration will be given to timeliness of performance; cost control; effective management; customer satisfaction; quality awards; and, the technical success of the project.The Offeror shall also provide a list of references for the Offeror and key personnel. References may be business, financial, and/or personal, and may include letters of recommendation or commendation, awards or certifications that indicate Offeror possesses a high quality process for developing and providing the final project or service. (7)Price Proposal – Factor 4. (i)SF 1449. Complete the “Signature of Offeror/Contractor” part of the Standard Form 1449 in Block 30a, 30b, and 30c. An authorized official of the firm must sign the Standard Form 1449. (ii)Price Schedule. Complete each Contract Line Item Number (CLIN), including all option periods under the PRICE/COST SCHEDULE section of the solicitation.(iii) Total contract price will be the sum of all CLINs. The SSA will use the total contract price when making the “best value” selection decision. If the price of Options or Total Price is unbalanced and/or unreasonable, the Government reserves the right to reject that offer as non-responsive.(End of Provision)ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS Provisions that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The following provisions are incorporated into 52.212-1 as an addendum to this solicitation:E.2 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): (End of Provision)FAR NumberTitleDate52.216-27SINGLE OR MULTIPLE AWARDSOCT 199552.225-25PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-- REPRESENTATION AND CERTIFICATIONSDEC 201252.232-38SUBMISSION OF ELECTRONIC FUNDS TRANSFER INFORMATION WITH OFFERMAY 1999E.3 52.209-5 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION)(MAR 2012) (a) In accordance with Division H, sections 8124 and 8125 of P.L. 112-74 and sections 738 and 739 of P.L. 112-55 none of the funds made available by either Act may be used to enter into a contract with any corporation that— (1) Has an unpaid federal tax liability, unless the agency has considered suspension or debarment of the corporation and the Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (2) Has a felony criminal violation under any Federal or State law within the preceding 24 months, unless the agency has considered suspension or debarment of the corporation and Suspension and Debarment Official has made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) The offeror does [ ] does not [ ] have any unpaid Federal tax liability that has been assessed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. (2) The offeror, its officers or agents acting on its behalf have [ ] have not [ ] been convicted of a felony criminal violation under a Federal or State law within the preceding 24 months.(End of Provision)E.4 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) Definitions. As used in this provision-- "Administrative proceeding" means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. "Federal contracts and grants with total value greater than $10,000,000" means-- (1) The total value of all current, active contracts and grants, including all priced options; and (2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules). "Principal" means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). (b) The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000. (c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information: (1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions: (i) In a criminal proceeding, a conviction. (ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. (iii) In an administrative proceeding, a finding of fault and liability that results in-- (A) The payment of a monetary fine or penalty of $5,000 or more; or (B) The payment of a reimbursement, restitution, or damages in excess of $100,000. (iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision. (2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence. (d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database via (see 52.204-7).(End of Provision)E.5 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (FEB 2012) (a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the Central Contractor Registration database via . (b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments-- (1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by-- (i) Government personnel and authorized users performing business on behalf of the Government; or (ii) The Contractor, when viewing data on itself; and (2) The publicly-available segment, to which all data in the non-public segment of FAPIS is automatically transferred after a waiting period of 14 calendar days, except for-- (i) Past performance reviews required by subpart 42.15; (ii) Information that was entered prior to April 15, 2011; or (iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause. (c) The Contractor will receive notification when the Government posts new information to the Contractor's record. (1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the nonpublic segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS. (2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them. (3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. (d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600. (End of Clause)E.6 52.216-1 TYPE OF CONTRACT (APR 1984) The Government contemplates award of a Firm-Fixed-Price, Indefinite Quantity contract resulting from this solicitation.(End of Provision)E.7 52.233-2 SERVICE OF PROTEST (SEP 2006) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from: Ricky Robins Contracts Specialist Hand-Carried Address: Department of Veterans Affairs Network Contracting Office NCO 19 515 East 100 South, STE 400 Salt Lake City UT 84102 Mailing Address: Department of Veterans Affairs Network Contracting Office NCO 19 515 East 100 South, STE 400 Salt Lake City UT 84102 (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.(End of Provision)E.8 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION (JAN 2008) (a) Any protest filed by an interested party shall: (1) Include the name, address, fax number, and telephone number of the protester; (2) Identify the solicitation and/or contract number; (3) Include an original signed by the protester or the protester's representative and at least one copy; (4) Set forth a detailed statement of the legal and factual grounds of the protest, including a description of resulting prejudice to the protester, and provide copies of relevant documents; (5) Specifically request a ruling of the individual upon whom the protest is served; (6) State the form of relief requested; and (7) Provide all information establishing the timeliness of the protest. (b) Failure to comply with the above may result in dismissal of the protest without further consideration. (c) Bidders/offerors and contracting officers are encouraged to use alternative dispute resolution (ADR) procedures to resolve protests at any stage in the protest process. If ADR is used, the Department of Veterans Affairs will not furnish any documentation in an ADR proceeding beyond what is allowed by the Federal Acquisition Regulation.(End of Provision)E.9 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998) As an alternative to filing a protest with the contracting officer, an interested party may file a protest with the Deputy Assistant Secretary for Acquisition and Materiel Management, Acquisition Administration Team, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or for solicitations issued by the Office of Construction and Facilities Management, the Director, Office of Construction and Facilities Management, 810 Vermont Avenue, NW., Washington, DC 20420. The protest will not be considered if the interested party has a protest on the same or similar issues pending with the contracting officer.(End of Provision) PLEASE NOTE: The correct mailing information for filing alternate protests is as follows:Deputy Assistant Secretary for Acquisition and Logistics,Risk Management Team, Department of Veterans Affairs810 Vermont Avenue, N.W.Washington, DC 20420 Or for solicitations issued by the Office of Construction and Facilities Management:Director, Office of Construction and Facilities Management811 Vermont Avenue, N.W.Washington, DC 20420E.10 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) The contracting officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee's authority. A copy of the designation shall be furnished to the contractor.(End of Provision)(End of Addendum to 52.212-1)E.11 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999)This acquisition will be a competitive negotiation utilizing FAR Part 15 source selection procedures.? It is the intent of the Government to award without discussions.? The source selection authority (SSA) will select the offeror that provides the best value to the Government.? The selection process will consist of an evaluation of each offeror’s past performance, technical approach, and proposed price.? The evaluation factors are Management (Factor 1), Technical Capability (Factor 2), Past Performance (Factor 3) and Price (Factor 4). All non-priced evaluation factors are equal in importance with each other. All non-price evaluation factors when combined are significantly more important than Price. The SSA may select a higher-rated, higher priced offeror when the SSA determines the higher rated technical approach and better past performance record of the higher-priced offeror justifies the higher cost.? Each of the four Evaluation Factors is described below:Management (Factor 1):Offeror shall describe the company’s quality control assurance surveillance plan tailored toward meeting the requirements of the solicitation that will ensure prompt and quality service. Offeror shall also address their contingency plan in the event of a vehicle breakdown, inclement weather or natural disaster and other emergency situations.Management (Factor 1) will be evaluated as follows:RatingDefinition/StandardExcellent Proposal demonstrates superior understanding of requirements and approach that exceeds performance or capability standards. Has several strengths that will significantly benefit the Government. Risk of unsuccessful performance is minimal.GoodProposal demonstrates a good understanding of requirements and approach that meets performance or capability standards. Has one or more strengths that will benefit the Government. Risk of unsuccessful performance is low.SatisfactoryProposal demonstrates an acceptable understanding of requirements and approach that can meet performance or capability standards. Acceptable solutions are identified. No strengths are identified. Risk of unsuccessful performance is moderate. MarginalProposal demonstrates shallow understanding of requirements and approach that marginally meets performance or capability standards. Risk of unsuccessful performance is moderately high.UnsatisfactoryProposal fails to demonstrate an understanding of requirements or capability standards. Requirements can only be met with major changes to the proposal. Risk of unsuccessful performance is high.Technical Capability (Factor 2): Offeror shall provide a detailed description and copies of the qualifications, licenses, training and frequency of training and experience of the personnel that will be employed to provide the required service. Provide a written description and a list of the vehicle fleet and equipment available to the company in performance of this requirement. The vehicle and equipment list should include make, model, year, Vehicle Identification Number and/or Serial Number. Describe the company’s ability to provide Advanced Life Support and Basic Life Support services in the solicitation.Technical Capability (Factor 2) will be evaluated as follows:RatingDefinition/StandardExcellent Proposal demonstrates superior understanding of requirements and approach that exceeds performance or capability standards. Has several strengths that will significantly benefit the Government. Risk of unsuccessful performance is minimal.GoodProposal demonstrates a good understanding of requirements and approach that meets performance or capability standards. Has one or more strengths that will benefit the Government. Risk of unsuccessful performance is low.SatisfactoryProposal demonstrates an acceptable understanding of requirements and approach that can meet performance or capability standards. Acceptable solutions are identified. No strengths are identified. Risk of unsuccessful performance is moderate. MarginalProposal demonstrates shallow understanding of requirements and approach that marginally meets performance or capability standards. Risk of unsuccessful performance is moderately high.UnsatisfactoryProposal fails to demonstrate an understanding of requirements or capability standards. Requirements can only be met with major changes to the proposal. Risk of unsuccessful performance is high.Past Performance (Factor 3):Offeror shall identify all federal, state and local government contracts as well as any private/commercial contracts of similar size, scope and complexity that are ongoing or have been completed within the last three years. Include the following information for each contract: name and address of contracting activity (company name), contract number, type of contract, total contract amount, and status, date of award and completion, description and location of contract work, list of major subcontractors if any, Contracting Officer or individual responsible for signing the contract, and their telephone and fax number, and the COR’s/Administrator’s name, telephone and fax numbers. Offerors may provide information on problems encountered on identified contracts and the offeror’s corrective action.Past performance information is one indicator of an offeror’s ability to perform the contract successfully. Current and relevant information, source of information, context of data, and general trends in Contractor’s performance shall be considered as it pertains to the performance of work described in this solicitation. Offerors may provide information on problems encountered on identified contracts and the offeror’s corrective action. The Government shall consider this information as well as information obtained from any other sources, when evaluating the offeror’s past performance. In accordance with FAR 15.305, offerors with no relevant past performance or whom information is not available, shall not be evaluated favorably or unfavorably on past performance.The Offeror shall provide examples of past performance and experience, as a prime contractor, in ambulance services comparable in size and complexity to the one described in this solicitation.? Consideration will be given to timeliness of performance; cost control; effective management; customer satisfaction; quality awards; and, the technical success of the project.The Offeror shall also provide a list of references for the Offeror and key personnel. References may be business, financial and/or personal that indicate Offeror possesses a high quality process for developing and providing the final project or service.Past Performance Ratings (Factor 3) will be rated as follows:RatingDefinition/StandardExcellent The offeror's past performance clearly exceeded contractual requirements standards to an unusual or exceptional degree. The offeror presented recent and relative information with a high probability of success and satisfied all of the requirements of the contract. All or a vast majority of sources contacted stated they would not hesitate to do business with the offeror again. No doubt exists based on the offeror's past performance that they could satisfy the requirements of the contract.Very GoodThe offeror's past performance was very good and met majority of the contractual requirements standards. Majority of the sources were recent and relative and stated they would do business with the offeror again. Little doubt exists based on the offeror's past performance that they could satisfy the requirements of the contract.SatisfactoryThe offeror's past performance was satisfactory but only met the minimum requirements of the contract. The offeror experienced problems with various aspects of performance (response time, downed equipment time, problems in submitting required paperwork timely); however, once brought to their attention, most, if not all of these issues were resolved. Sources were relevant, but not recent. Sources were mixed, but most of the sources contacted stated they would do business with the offeror again. Some doubt exists based on the offeror’s past performance that they could satisfy the requirements of the contract. NeutralNo criteria information was provided. Inconclusive.MarginalBased on the offeror's performance record, substantial doubt exists that the offeror will successfully perform the required effort. Sources were recent, but not relative. The contractual performance of the element or sub-element contains some problems for which corrective actions taken by the contractor were marginal but somewhat effective. Substantial doubt exists based on the offeror's past performance that they can satisfy the requirements of the contract.UnsatisfactoryThe offeror's past performance was unsatisfactory and did not meet most of the contractual standards. Majority of the sources contacted stated they would not do business with the offeror again. The sources were not relevant or recent. The offeror had significant weaknesses and deficiencies which were never corrected. Significant doubt exists based on the offeror's past performance that they can satisfy the requirements of the contract.Price (Factor 4):1. Complete the Cost/Price Schedule. E.12 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012) An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically via . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service-- (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Inverted domestic corporation", as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874. "Manufactured end product" means any end product in Federal Supply Classes (FSC) 1000-9999, except-- (1) FSC 5510, Lumber and Related Basic Wood Materials; (2) Federal Supply Group (FSG) 87, Agricultural Supplies; (3) FSG 88, Live Animals; (4) FSG 89, Food and Related Consumables; (5) FSC 9410, Crude Grades of Plant Materials; (6) FSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) FSC 9610, Ores; (9) FSC 9620, Minerals, Natural and Synthetic; and (10) FSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. "Sensitive technology"-- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically-- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"-- (1) Means a small business concern-- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Subsidiary" means an entity in which more than 50 percent of the entity is owned-- (1) Directly by a parent corporation; or (2) Through another subsidiary of a parent corporation. "Veteran-owned small business concern" means a small business concern-- (1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern-- (1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program" (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website. (2) The offeror has completed the annual representations and certifications electronically via the ORCA website access through . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs NA. (c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [ ] is, [ ] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [ ] is, [ ] is not a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is, [ ] is not a women-owned small business concern. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: ___________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that— (i) It [ ] is, [ ] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: ___________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [ ] is a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.] (i) General. The offeror represents that either-- (A) It [ ] is, [ ] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or (B) It [ ] has, [ ] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted. (ii) [ ] Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.] (11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was certified by the Small Business Administration in accordance with 13 CFR Part 126; and (ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for the HUBZone small business concern or concerns that are participating in the joint venture. [The offeror shall enter the name or names of the HUBZone small business concern or concerns that are participating in the joint venture:____________.] Each HUBZone small business concern participating in the joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246-- (1) Previous contracts and compliance. The offeror represents that-- (i) It [ ] has, [ ] has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [ ] has, [ ] has not filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that-- (i) It [ ] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [ ] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act--Supplies." (2) Foreign End Products: Line Item No Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g)(1) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American Act-Free Trade Agreements-Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Canadian End Products: Line Item No. __________________________________________ __________________________________________ __________________________________________[List as necessary] (3) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act": Canadian or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (4) Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made, designated country end product, as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country, end products. Other End Products: Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________[List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; (3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [ ] Have, [ ] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). (1) Listed end products.Listed End ProductListed Countries of Origin (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-- (1) __ In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) __ Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [ ] does [ ] does not certify that-- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003- 4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. [ ] (2) Certain services as described in FAR 22.1003- 4(d)(1). The offeror [ ] does [ ] does not certify that-- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies-- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [ ] TIN: _____________________. [ ] TIN has been applied for. [ ] TIN is not required because: [ ] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [ ] Offeror is an agency or instrumentality of a foreign government; [ ] Offeror is an agency or instrumentality of the Federal Government. (4) Type of organization. [ ] Sole proprietorship; [ ] Partnership; [ ] Corporate entity (not tax-exempt); [ ] Corporate entity (tax-exempt); [ ] Government entity (Federal, State, or local); [ ] Foreign government; [ ] International organization per 26 CFR 1.6049-4; [ ] Other _________________________. (5) Common parent. [ ] Offeror is not owned or controlled by a common parent; [ ] Name and TIN of common parent: Name _____________________. TIN _____________________. (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations (1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874. (2) Representation. By submission of its offer, the offeror represents that-- (i) It is not an inverted domestic corporation; and (ii) It is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products.(End of Provision) ................
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