Transportation SOW.pdf

U.S. ACCESS BOARD

ACCESSIBLE TRANSPORTATION

STATEMENT OF WORK

SECTION 1: Background The U.S Access Board is an independent Federal agency dedicated to accessibility for people with disabilities.

Created in 1973 to ensure access to federally funded facilities, the U.S Access Board (USAB) enforces accessibility standards that cover federally funded facilities through the Architectural Barriers Act Compliance and Enforcement Program. The U.S Access Board develops and maintains accessible design criteria for the built environment, transit vehicles, telecommunications equipment, and for electronic and information technology. It also provides technical assistance and training regarding these specific requirements and on general accessible design.

The U.S Access Board is governed by twenty-five members: twelve are representatives from Federal departments and the other thirteen are members of the public appointed by the President, a majority of whom must have a disability. Approximately 30 civil servants work at the USAB. The USAB staff travels to cities within the United States to explore and make federal facilities accessible to people with disabilities.

SECTION 2: Purpose

2.1 The purpose of this requirement is to obtain a vendor to provide accessible transportation for board members and USAB staff for board meetings.

2.2 Scope of the Product, Service, or Outcome.

USAB requires a national transportation contractor to provide 4 minibuses for each board meeting and the buses must comply with the Americans with the Disabilities Act (ADA). There are two (2) board meetings per year that require transportation, with one board meeting within within the D.C Metro area and the other within the continental United States. Board meetings are held for 3 days and for 8 hours per day.

2024 Board Meetings:

April 2024 – Los Angeles July 2024 – Washington, D.C.

2025 Board Meetings:

April 2025 – New Orleans July 2025 – Washington, D.C.

*subject to change

SECTION 3: Technical Requirements/Tasks/Outcomes

3.1 The contractor shall provide the following requirements.

1. Drivers must be properly trained in lift operations, tie down and seatbelt operations for passengers with mobility devices such as Wheelchairs and electric scooters.

2. The name and contact information of each driver must be given to the Contracting Officer Representative (COR) 3 weeks prior to trip.

3. Accessible minibuses must have “2 tie-down spaces with shoulder and lap belts, in accordance with ADA/DOT (§1192.23 Mobility aid accessibility).

o Photographic and video proof of each ADA accessible minibus dispatched to Access

Board for each day and/or event showing ADA compliant wheelchair spaces, lift location and ramp. This includes interior shots of adjacent seating and flip-up arm rests. This information must be provided to the USAB COR for approval prior to reserving the buses. Once the COR reviews the photos and video proof we will provide the vendor with approval.

4. All tie-down spaces shall be cleared and roll-in ready in advance of the transport date.

o Movable seating adjacent to tie-down spaces must be secured or removed before arrival to allow clearance for all tie-down spaces.

5. Drivers for the day must demonstrate emergency manual lift operation in case of mechanical or power failure. This should be recorded 3 weeks prior to the event and provided to the USAB COR. We need to ensure that ALL drivers know how to operate the lifts.

6. Drivers must follow the seating order: 1. Transfer(s); 2. Scooter/bigger wheelchair(s); 3.

Manual/smaller wheelchair(s).

7. Drivers must always act in a professional manner.

8. Transportation of passengers; to include individuals with disabilities; to and from scheduled appointments at designated sites normally within a 50-mile radius utilizing contractor-provided vehicles.

9. Assisting passengers in and out of vehicle to ensure safety of passengers and care of vehicle.

10. Safely and properly (operate and follow proper safety and equipment instructions) securing passengers and if applicable, the passengers’ wheelchair(s) or Personal Mobility Device(s)

(PMD)

11. Operate vehicles that accommodate Persons with Disabilities. Must operate vehicles that have a Wheelchair Lift and require operator to secure Wheelchairs and passenger Mobility Devices down with security tie down system.

12. Delivery of passenger property, equipment, and medical items to facilities in support of passengers with medical needs.

13. Obtains schedules from USAB schedulers/COR ahead of time and ensures timely transport of passengers in accordance with provided schedules.

14. Maintaining a log that captures the number of passengers assisted to and from destinations and provide that information to the COR.

15. The vendor must arrive 30 minutes prior to departure to ensure that the lifts are working properly.

3.2 Performance/ Delivery Period

USAB is targeting a period of performance with a base period of 12 months with (4) 12 months option periods unless the period is extended by modification.

Base Period: 03/01/2024 to 02/28/2025 Option Period 1: 03/01/2025 to 02/28/2026 Option Period 2: 03/01/2026 to 02/28/2027 Option Period 3: 03/01/2027 to 02/29/2028 Option Period 4: 03/01/2028 to 02/28/2029

3.1 Place/ Location of Performance/ Delivery

One board meeting will be within the D.C Metro area and the other within the continental United States per year. The vendor will be notified of the itinerary two (2) months prior to the event.

3.1.1 Contracting Officer Representative (COR): The (COR) will be identified by separate letter issued by the CO. The COR monitors all technical aspects of the Contract and assists in Contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract;

perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, specifications; monitor Contractor's performance and notifies both the CO and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially about changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the Contract.

3.1.2 Identification of Contractor Employees: All Contractor personnel shall clearly identify themselves as a Contractor and shall be required to wear identification (ID) badges in a visible location on the front of exterior clothing, above the waist, (except when safety or health reasons prevent such placement). ID badges shall be always worn when performing work. ID badges shall have an identification picture and shall state the name of the individual and the company they represent. Contractor personnel are prohibited from possessing weapons, firearms or ammunition, on themselves or within their Contractor-owned or privately owned vehicle.

3.1.3 NON-PERSONAL SERVICE STATEMENT: Contractor employees performing services under this Contract will be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined. Contractor employees will perform their duties independent of, and without the supervision of, any Government official or other Government Contractor. The tasks, duties, and responsibilities set forth in this Contract may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to its facility and will perform the inspection and acceptance of the completed work.

4.1 Transportation Services

The Contractor shall provide and operate transportation services for board meeting transport purposes to and from the USAB designated locations. Vehicle requirements shall be dictated by usage and need. Transportation trips vary in occurrence and length of time. Transportation is requested and/or scheduled as outlined in the following sections.

The Contractor shall provide all transportation services as specified in the paragraphs below unless road conditions become hazardous due to inclement weather. In these instances, the Contracting Officer’s Representative will notify the Contractor, but the Office of Personnel and Management will have the final determination on weather and/or road conditions and the closure of federal Government facilities.

The vehicle passenger cabin, of all Contractor furnished vehicles, shall be clean of dirt, free from torn upholstery or floor coverings, damaged or broken seats, protruding sharp edges, and vermin or insects. Cleanliness standards will be maintained and adhered to in accordance with industry guidelines for this type of service.

Contractor drivers may not at any time during transportation services listen to music, make personal calls, read books or newspapers, send, or receive text messages, or any other activity that may distract them from driving or disrupt the transportation schedule. During operation of vehicle, hands free devices must be used.

4.1.1 Transport Service.

Contractor personnel, when required or requested, shall physically assist passengers on and off the mode of transportation at all pick-up/drop off points and shall fasten applicable strapping devices. Transport must be able to accommodate wheelchairs and personal mobility devices. All wheelchair and personal mobility device restraints shall hold the device stable in all manners of driving. Restraints should be installed according to the manufacturer’s installation instructions.

After installing the restraint system, the wheelchair and/or personal mobility device shall be properly positioned and restrained in the vehicle and tested for motion. All straps used must meet American with Disabilities Act (ADA) and Department requirements and shall be fastened in accordance with the manufacturer's specifications.

4.1.2 Request for Scheduled Transportation

At the dates established for transportation, authorized USAB staff will call, fax, or email, within an established time frame, information required when ordering transport services. The authorized USAB staff will provide the contractor with the following type of information on a mutually agreed upon Transportation Request Form:

Number of passengers;

Mode of accommodation required (i.e. wheelchair, mobility device, etc);

Required date, pick-up time, and pick-up location;

Delivery point and appointment time;

Any other special instructions.

The Contractor shall confirm the transportation is scheduled by email, call or fax within 1 month of the request.

The Contractor shall provide and operate transport services to the stated destinations at the schedule times as described in the Transportation Request Form.

4.1.3 Emergency Contingency Plan

The selected offeror shall have a contingency plan developed and in place in the event that there is a disruption in the availability of transportation services. The selected offeror must submit the contingency plan to USAB for review and within fifteen (15) calendar days after award. The selected offeror shall submit an updated contingency plan on an annual basis. The vendor must replace the vehicle immediately if the vehicle breaks down.

4.1.4 Contractor Liability for Personal Injury and/or Property Damage The Contractor assumes responsibility for all damage or injury to persons or property occurring through the use, maintenance, and operation of the Contractor's vehicles, or the action of the Contractor's employees and agents.

4.1,5 HIPAA Compliance Contractors and any subcontractors shall adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPPA) of 1996. This includes both the Privacy and Security Rules published by the Department of Health and Human Services (HHS). As required by HIPPA, HHS has promulgated rules governing the use and disclosure of protected health information by covered entities. The covered entity is the USAB.

5. Permits, Licenses, Insurance, Records, and Reporting The Contractor shall be responsible for submission of all required code compliant forms and shall obtain required permits, licenses, and insurance for the performance of work. Upon submission of reports or the acquisition of permits or licenses, the Contractor shall provide one (1) copy to the Government for its records.

6. Contractor Regulatory Responsibility The Contractor shall comply at all times with applicable laws, regulations, and codes issued by Federal, State, and local Municipality governing health, safety, environmental, and fire prevention in regard to their performance responsibilities. While performing duties, the contractor shall abide by all industry standards and original equipment manufacturers’ (OEM) specifications and recommendations.

7. Contractor-Furnished Equipment (CFE) and Vehicles The Contractor shall furnish all equipment and materials including, but not limited to, motor vehicles, containers, fuel, and administrative equipment required to perform work as stated herein. The Contractor shall repair and maintain all CFE and vehicles in a safe and serviceable condition suitable for their intended use. The Contractor shall not use any Government-owned tools, materials, or parts to maintain Contractor equipment or vehicles. CFE and vehicles not meeting applicable safety standards shall not be operated or stored on the USAB facilities.

Contractor vehicles must be able to accommodate passengers and assistive devices. Vehicles shall meet or exceed all Department of Transportation (DOT) and American with Disabilities Act (ADA) standards, including but not limit to, wheelchair lift(s), wheelchair ties, front facing seats, etc.

For transporting an individual that is not utilizing a wheelchair or mobility device, the Contractor shall, at a minimum, operate vehicles that can seat those passengers comfortably and safely.

For transporting individuals in a wheelchair, the Contractor shall, at a minimum, operate vehicles that are equipped with a 42” wide door for handicap access, a power ramp with manual override, and a Wheelchair Vehicle Strapping System (WVSS).

The Contractor shall provide and utilize a communication system that allows drivers to speak with and respond to, the service desk dispatcher in certain instances. These instances include, but are not limited to, customer complaints, vehicle breakdown, and emergencies. The driver shall also be able to communicate with the passengers on the vehicle through a public announcement system.

All vehicles shall be equipped with operational air conditioning/heating systems. If the air conditioning/heating system becomes inoperable or is unable to maintain temperatures between 68-79 degrees Fahrenheit, in the passenger compartment, the vehicle must be immediately pulled from service at the termination of the current trip. The vehicle pulled from service shall not again be used for service under this award until the air conditioning/heating system has been repaired.

The Contractor shall have telephone coverage to accept calls from the USAB during the times services are provided.

8. Equipment Plan The Contractors equipment plan shall include all equipment the Contractor will provide in order to perform work required under this award. The equipment plan shall be updated when equipment requirements or status of equipment changes the Contractor’s capability to perform. The Contractor shall include in their plan, but not be limited to, equipment type, size, capacity, and/or safety features and enhancements.

9. Contractor-Owned (CO) Vehicle Condition and Markings All Contractor-owned vehicles shall be maintained in a neat, presentable, and operational condition. Contractor vehicles shall have clearly marked signs of sufficient size on both sides of the vehicle to be distinguishable from Government vehicles. Markings shall include, but not be limited to, the Contractor’s name and the vehicle identification number.

10. Government Furnished Equipment (GFE) None

11. Government Personnel The Contracting Officer (CO) has the overall responsibility for contract administration. The CO is the only Government representative authorized to amend, modify or deviate from the contract.

The Contracting Officer’s Technical Representative (COR) will be designated in writing at the time of award to assist the CO in the day-to-day on-site administration of this contract. The COR responsibilities include determining the compliance and adequacy of performance by the Contractor, in accordance with the terms and conditions of this contract; requesting removal of unsuitable contractor employees; approving schedule and Quality Control Plan changes;

ordering re-performance of unacceptable work or performance by other means, etc.

12. Management The Contractor shall manage the total work effort associated with the services required herein to ensure fully adequate and timely completion of these services and permit tracking of work in progress. Such management includes, but is not limited to, planning, scheduling, report preparation, establishing and maintaining records, and quality control. The Contractor shall provide staff with the necessary management expertise to assure the performance of the required work.

The Contractor shall ensure appropriate supervision and management consultation is available to respond to complaints or emergencies.

12.1 Point of Contact

Key personnel are defined as the primary point of contact and designated alternates. The Contractor shall provide a point of contact which shall perform continual management of the functional areas contained in this SOW. The point of contact shall conduct overall management coordination and shall be the central point of contact (POC) with the Government for performance of all work under the SOW. A Contractor employee shall be designated to act for the central point of contact when work is being performed outside of duty hours or during the main point of contacts absence.

Upon award, the Contractor shall submit to the COR, in writing, the name, title, office, and mobile telephone number of the main and alternate point of contact.

12.1.1 KEY PERSONNEL REPLACEMENT PROCESS

Key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or remove key personnel. A formal modification is only required when the key personnel are specifically named in the contract. This process only applies to the extent that the contract does not otherwise specify notice or personnel replacement obligations.

Government Request

The Government may require replacement of key personnel in the instance of non-performance, misconduct, or alleged misconduct whose continued use under a contract is contrary to the best interests of the Government. Circumstances that support a request for replacement include but are not limited to performance that is inconsistent with the contract performance work statement (PWS), terms and conditions, or violations of Federal laws, regulations, or agency conduct standards. The Contracting Officer’s Representative (COR) will give written notice to the Contractor of the need for substitution, including the circumstances surrounding the request for replacement. In accordance with FAR Part 1.602-2(b), the Contracting Officer (CO) will ensure the Contractor receives impartial, fair, and equitable treatment; however, the CO is not required to investigate or validate allegations or wait until a final resolution of the circumstances surrounding the request for replacement before requiring substitution of key personnel.

Within twenty four (24) hours of receiving notice, the Contractor shall respond to the Government’s request to replace key personnel and provide key personnel replacement resume(s) to the COR(s). The resume(s) shall demonstrate that the qualifications of proposed replacement key personnel meet the qualifications stated in the PWS. The COR would notify the Contractor, in writing, within forty-eight (48) hours of receiving key personnel replacement resume(s) if the Contractor provided replacement personnel is acceptable. The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Any Contractor replacement of key personnel must be done in consultation with the COR. The process for replacing key personnel as described above does not suspend the Contractor’s obligation to continue performance under the contract.

Contractor Request

If the Contractor must substitute key personnel, the Contractor shall provide written notice to the COR and the CO two (2) calendar weeks before the proposed replacement date, whenever possible. At a minimum, the Contractor shall provide the Government with notice forty-eight (48) hours before replacement. The only exception to the forty-eight (48) hour notice is death, incapacitation, abrupt termination, or resignation from employment of key personnel where the Contractor’s notice was less than forty-eight (48) hours. If the deadline for providing notice falls on Friday after 5:00 pm, a weekend, or on a Federal Holiday, the Contractor shall provide notice the next business day if more than forty-eight (48) hours. The notice shall state the circumstances necessitating the proposed substitution of the key personnel and shall provide resume(s) of proposed replacement key personnel for review and consultation. The Contractor shall demonstrate that the qualifications of the proposed substitute(s) meet the qualifications stated in the PWS. The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Assignment of key personnel must be done in consultation with the COR.

12.1.2 Substitution of the Point of Contact

Any changes to the working status of the point of contact shall be submitted to the COR for approval within fourteen (14) working days prior to the change.

12.2 Supervision of Work.

The Contractor shall supervise work performed by Contractor personnel to ensure that all contract requirements are met. The Contractor shall also ensure required supervision of Contractor personnel is provided whenever work is being performed.

12.3 Contractor Responsiveness.

The Contractor shall ensure the COR has current emergency contact numbers for cases where services pertaining to execution of the SOW need to be addressed during other than normal contract work hours. An answering machine and/or service is permitted during other than normal contract workdays and work hours for receipt of a COR emergency response work requirement. However, the Contractor shall respond to all calls within eight (8) hours after notification of the call by the answering machine and/or service. If after hours, the Contractor should respond at the beginning of next business day. The Contractor responding must have the capacity and authority to contractually bind the Contractor for prompt action on matters pertaining to execution of the SOW.

12.4 Personnel Backup

The Contractor shall provide backup coverage for the absence of all regularly scheduled Contractor employees immediately. Backup Contractor employees shall have all specific licenses and certifications as required in the award.

13. Employee Qualifications and Certifications The Contractor shall ensure and certify that that only qualified personnel with required licenses (i.e. CDL) or certifications perform work under this contract. Contractor personnel (drivers) shall have successfully completed wheelchair training course (as required).

13.1 National Agency Check

Successful adjudication of a Public Trust Position Background Check as applicable to Contractors: Public Trust positions have the potential for adverse impact on either the integrity and/or efficiency of the organization’s mission. These positions have a moderate risk or high-risk sensitivity level designation. High Risk positions have the potential for exceptionally serious impact on the integrity and/or efficiency of the organization’s mission; and Moderate Risk positions have the potential for moderate to serious impact on the organization’s mission. These positions do not require a security clearance, but they do require a background investigation to determine an employee’s suitability to occupy the position. Public Trust positions require the completion of the Standard Form (SF) 85P, Questionnaire for Public Trust Positions.

Contract personnel shall be free of any felony convictions and any misdemeanor convictions that are directly related to the performance of security related duties. Examples include but are not limited to assault/battery, domestic violence, fraud, swindles, drug violations or other criminal offense, which poses a risk to the safety and security of the USAB.

13.2 Employee Conduct

The Contractor shall be responsible for the performance and conduct of Contractor and subcontractor personnel.

No Contractor employee shall accept money or gifts from passengers.

Contractor employees shall not exhibit rude behavior such as loudness, vulgarity, or other offensive behaviors toward civilians or other Contractor personnel.

Contractor personnel shall read, write, and be fluent in English, and speak with a tone in which is easily understood by those passengers with a hearing disability.

The Contractor shall not employ, for performance under this award, any person whose employment would result in a conflict of interest with the Government's standards of conduct.

13.3 Personnel Appearance

Contractor employees shall be well-groomed; clean; neat in appearance; clothes properly fitted;

uniform appearance with nametags; and appropriately dressed for the work to be done.

Contractor employees shall not wear clothing with slogans, drawings, or language which could be construed as being lewd, obscene, profane, racially offensive, sexually suggestive, Anti- American, or which advocates the use of illegal drugs or other unlawful conduct.

13.4 Smoking

Smoking is permitted only in designated areas, as defined by the USAB.

13.5 Alcohol and Drug Use

The contractor shall not allow any employee to perform work when the employee is under the influence of alcohol, illegal drugs or prescription drugs which can adversely affect the employee's ability to perform their duties in a safe manner. Employees found to be under the influence of alcohol or illegal drugs on the day of USAB scheduled transportation provided by the contractor will result in rejection of services provided and an alternate driver shall be provided by the Contractor within one (1) hour. The threshold for being under the influence of alcohol or illegal drugs is the same as that established by current laws for vehicle operation.

The contractor is responsible for establishing the method(s) by which employees will be determined to be under the influence of alcohol or illegal drugs. The Government reserves the right to request the Contractor to remove any Contractor employee that is displaying errant or unexplained behavior.

14. Contractor Personnel Removal Government rules, regulations, laws, directives, and requirements that are issued during the award term relating to law and order and security shall be applicable to all employees or representatives providing services. Violation of such rules, regulations, laws, directives, or requirements shall be grounds for removal (permanently or temporarily as the Government determines) from the work site. Removal of employees does not relieve the Contractor from the responsibility for the work defined in the contract.

The COR may require the Contractor to remove any employee performing requirements under this contract, for reason of misconduct or security risk posed. Contractor employees shall be subject to dismissal from services, upon determination by the COR, when such an action is in the interest of the Government.

15. Replacement of Contractor Employee for Security Reasons The Government retains the right to request removal of Contractor employees, regardless of prior clearance or Background Investigation (BI) adjudication status, whose actions clearly conflict with the interests of the Government, upon the determination by the CO, that a Contractor employee should be removed.

16. Disputes with USAB Personnel and/or Other Contractors The Contractor shall notify the COR, in writing, of disputes in receiving support from, or providing support to other Contractors and/or Government personnel within eight (4) working hours from the time the dispute occurs. If the Contractor is not able to resolve the dispute with the other Contractor and/or Government personnel within a reasonable amount of time (a reasonable amount of time will be defined by the COR upon initial notification), the issue shall be forwarded to the COR and/or CO for resolution. The COR shall provide written notice of dispute resolution(s) to the Contractor no later than five (5) workdays after the written notice for dispute resolution.

17. Safety While performing the award requirements, the Contractor shall ensure the protection of employees, health and safety of passengers and staff while preventing damage to property, materials, supplies, equipment, and work interruptions. The Contractor shall:

Comply with all OSHA, State Safety Code, and the USAB Safety Regulations.

Ensure that any additional safety measures will be incorporated when it is deemed necessary by the Contracting Officer (CO) or COR.

Ensure passenger safety and shall report safety concerns to the USAB Safety Officer.

18. Motor Vehicle/Traffic Regulations Contractor employees operating motor vehicles for the USAB shall possess a valid driver's license. Driver and vehicle permits, licenses, registrations and proof of insurance shall be always maintained in the vehicle and made available upon request. Contractor employees shall always comply with state and federal laws, and traffic laws. Contractor employees shall adhere to the posted speed limits. Contractor personnel driving a motor vehicle cannot use a cell phone, or text message, unless the vehicle is safely parked, or the driver is using a hands-free device.

19. Accidents The Contractor shall report to the COR, in a manner and on the forms prescribed by the USAB, all accidents resulting in death, trauma, occupational disease or damage to property within immediately after accident.

19.1 Incident Reporting

The Contractor shall develop policy and procedures for incident management for approval by the COR and ensure that staff has proper orientation and training to respond to, report, and prevent incidents.

The Contractor shall report significant incidents to COR immediately of occurrence. Significant incidents include, but are not limited to, the following:

Assaults Threats of assault or injury Injury to a passenger Accidents while passengers are on board might require medical attention.

Involvement of law enforcement official Allegations of abuse Medical attention being needed while in route.

Any accident involving major damage, serious personal injury or loss of life shall be reported to the COR immediately. The incident report shall include the following (when applicable):

Name of involved person Address Date/time of incident Location Description of incident (nature of the incident, witnesses, and narrative of what occurred).

Final disposition (how you intend to handle the incident, any next steps required, or likely outcomes) Name of person submitting the report Date of report Date forwarded to COR

20. Non-Payment for Additional Work Any additional services or a change to work specified which may be performed by the contractor, either at its own volition or at the request of an individual other than a duly appointed CO, except as may be explicitly authorized in the award, will be done at the financial risk of the contractor. Only a duly appointed CO is authorized to bind the Government to a change in the specifications, terms, or conditions of this contract.

21. Indemnification The Contractor shall indemnify and hold harmless the Government and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, and/or liability resulting from, brought for, or on account of any personal injury or property damage received or sustained by any person or property growing out of or attributable to any work performed under or related to the contract, regardless of whether such claims, losses, damages, actions, expenses, and/or liability may be attributable to the fault, failure, or negligence of the Contractor.

22. Quality Control The Contractor and Contractor personnel shall be responsible for quality control but shall be subject to Government inspections and surveillance.

23. Inspections by the Government The CO and/or COR will inspect for compliance with award terms throughout the contract period. Evaluation will be based on the Contractor’s compliance with the requirements set forth in the SOW and Performance Requirements Summary (PRS). The Government will monitor the Contractor's performance under this contract by performing checks of the Contractor’s performance of SOW tasks. The Government will not only monitor “logistical tasks,” but will also evaluate the Contractor’s response and resolution to customer complaints. Typical procedures include random sampling, planned sampling, scheduled inspections, incidental inspections, and customer complaints.

23.1 Surveillance Method - Customer Feedback

An integral part of the Government's Quality Assurance Program is customer feedback. The program will include verbal and written customer feedback and validation of complaints. The Government will provide validated customer complaints to the Contractor, in which they shall respond, in writing, as to actions taken to resolve and/or preclude recurrence. The term customer refers to passengers.

24. Quality Control Plan The Contractor shall establish and maintain a Quality Control Program (QCP) to ensure the work performed conforms to contract requirements and submit the QCP as part of their proposal package.