Transportation SOW 6-24-21 (2).docx

Statement of Work Transportation Services for Individuals with Disabilities

1.0 Requirement

Transportation Services related to Reasonable Accommodation for Employees with Disabilities

2.0 Requiring Organization

Centers for Medicare & Medicaid Services (CMS), Office of Equal Opportunity and Civil Rights (OEOCR).

3.0 Background

Federal Government agencies, in conjunction with the Equal Employment Opportunity Commission (EEOC), have the responsibility to prohibit discrimination within the Civil service on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation and reprisal for opposition to discrimination or participation in the complaint process.

The Office of Equal Opportunity and Civil Rights (OEOCR) provides Agency-wide leadership and advice on issues of equal employment opportunity and civil rights. The Office works to maintain an agency workplace free from harassment and unlawful discrimination. OEOCR implements special emphasis programs, manages the EEO discrimination complaint program for applicants and employees, coordinates training pertaining to EEO laws and policies, and manages the Reasonable Accommodation Program (RAP). OEOCR provides advisory, advocacy and liaison services to CMS leadership concerning equality in employment related issues.

The Rehabilitation Act of 1973 requires agencies to provide reasonable accommodation to employees and applicants with disabilities. To comply with the Rehabilitation Act and any subsequent statute, regulation, directive or department regulations impacting reasonable accommodation for disability, CMS seeks to provide transportation services to employees and applicants with limitations affecting their ability to drive, handle luggage, or use public transportation.

4.0 Scope

The Contractor will provide transportation services, including vehicles with drivers, to individuals with disabilities in relation to the Agency’s Reasonable Accommodation Program (RAP) on an as-needed basis. All vehicles must meet reasonable standards for providing public transportation such as seat belts, cleanliness, heating and air conditioning capability, etc. and be maintained by the Contractor in accordance with the vehicle manufacturer’s standards. Unless approved in writing by the COR, the vehicle must be at least a standard size vehicle with trunk space for transporting luggage. The individuals will be transported to and from their homes, business locations, meetings, facilities, workshops, conferences, training sites, and other locations designated by the COR. The majority of this travel will occur in the Baltimore, Washington, DC, Northern Virginia, and Eastern Pennsylvania area. The Contractor may be requested to arrange for transportation services in other geographic areas in the United States to include but not limited to: Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco, or Seattle.

The Period of Performance will be one year from award with two option years.

5.0 Ability and skill level

The individual(s) assigned to this contract must possess and maintain on their person or in the motor vehicle while providing services a valid driver’s license to operate the vehicle and must be permitted by the local jurisdiction to operate the motor vehicle for the purpose of transporting individuals as described in this Statement of Work. The individual may not have any limitations, impairments, or legal obstructions to driving the motor vehicle. The Contractor will furnish vehicles with drivers to transport Agency employees and personnel. The Contractor will ensure that some vehicles are ADA compliant.

The ability and skill level of individuals providing services under this Contract may include, but is not limited to the following:

a. Proficient knowledge and mastery of the English language in order to communicate verbally and in writing with employees with disabilities.

b. Ability to operate the motor vehicle and maintain any applicable licensure.

c. Ability to navigate geographic areas and independently locate pick-up and drop-off points without the assistance of the passenger.

d. Ability to safely maneuver physically impaired employees, including those using wheelchairs and mobility aids, secure those individuals and their equipment into vehicles and buildings, and provide any other assistance necessary to ensure safe transport of passengers from the pick-up point to the final destination.

e. Ability to provide sighted assistance to blind and low vision employees, including those using canes and service animals, and provide any other assistance necessary to ensure safe transport of passengers from the pick-up point to the final destination.

f. Comfortable working around service animals.

g. Understanding of and ability to adhere to strict confidentiality standards.

h. Possess strong interpersonal and customer service skills.

6.0. Authorities

(A) Title VII of the Civil Rights Act of 1964, as amended.

(B) Civil Rights Act of 1991

(C) The Age Discrimination in Employment Act of 1967, as amended.

(D) The Rehabilitation Act of 1973, as amended.

(E) Equal Pay Act of 1963, as amended.

(F) 29 CFR Parts 1614 and 1630

(G) 5 CFR Part 1200 – Merit Systems Protection Board.

(H) Executive Order 11478 – Equal Opportunity in the Government.

(I) EEOC Management Directives (MD) 110 and 715

(J) Americans with Disabilities Act (ADA), including ADA Amendments Act

(K) The Administrative Dispute Resolution Act

(L) The Genetic Information Nondiscrimination Act

(M) Relevant EEO case law and EEO regulations, Executive Orders, EEOC guidance, EEO treatises

(O) HHS EEO and Diversity Management Policy and Procedures Manual

(P) Agency labor agreements, personnel forms and policies, and relevant guidance

(Q) Any relevant jurisdiction’s laws and rules regarding driver’s licenses, vehicle registration, and operating motor vehicles or transporting individuals in motor vehicles as described in this Statement of Work

7.0 CONFIDENTIALITY, NONDISCLOSURE AND CONFLICT OF INTEREST

At the beginning of the contract to the Agency, the Contractor shall obtain a signed and notarized Nondisclosure Agreement containing language acceptable to the Agency, from the Contractor or any individual providing reasonable accommodation services on behalf of the Contractor; the Contractor shall provide a copy to the Contract Officer’s Representative.

The Contractor shall hold inviolate and in the strictest of confidence any and all information of an official character which he/she may gain in the performance of the duties under this agreement. Also, the Contractor, his/her agents, or employees, shall not, during the contract with the Government hold any position or official relationships with, own any stocks or bonds of, or have any pecuniary interest in any matters before the Agency during the period of performance of the contract.

If for any reason the Agency or the Contractor determines that the Contractor faces a potential, perceived, or real conflict of interest, the Agency shall notify the Contractor or the Contractor shall notify the Agency, and the Contractor shall cease all work on, reassign the task, or proceed at the discretion of the Agency. At the Agency’s option, may provide an acceptable replacement.

Materials designed specifically for the Government shall become the property of the Government and shall not be used commercially by the Contractor.

8.0 DELAY OF WORK

If the performance of the work is delayed or interrupted by failure of the Agency, the Contractor shall advise the COR. The COR shall attempt to resolve the delay and shall advise the Contractor on how to proceed. If the performance of work is delayed or interrupted by failure by the Contractor to act within a reasonable time, the COR shall attempt to resolve the delay. If the delay cannot be resolved, the Agency may cancel the contract.

9.0 DELIVERY TIMES

The specific delivery times of any Deliverables shall be specified by the COR when the assignment is presented to the Contractor.

10.0 EXTENSIONS OF TIME FRAMES

Any request by the Contractor to extend the performance of work beyond the period stipulated by the COR shall be coordinated and determined by the COR or other authorized party.

11.0 GOVERNMENT-FURNISHED PROPERTY

The Contractor shall be responsible for all equipment, technology, and furniture. The Government will not be responsible for providing any equipment, technology, or furniture for this Contract. The Contractor is responsible for all costs associated with operating and maintaining the vehicle.

12.0 DELIVERABLES

All documents generated by the transportation Contractor must be created using Microsoft Office products and otherwise in compliance with Section 508 of the Rehabilitation Act of 1973, as amended. (See Section 15.0 below)

1. Monthly Progress Reports. The Contractor shall provide a monthly Report at the end of each calendar month listing (1) for each matter assigned to the Contractor: the task assigned, date assigned, status and next steps, activities and tasks performed during the month on the matter, any concerns about the ability to complete the task timely. In the monthly Report the Contractor will raise any potential issues relevant to the contract.

2. Additional Progress Reports. The COR may specify and require additional progress reports.

3. Transportation Services: Providing transportation services to individuals with disabilities.

· Scheduling qualified and licensed drivers to transport individuals with disabilities, and when requested, furnishing ADA compliant vehicles.

· Assist the individual from the pick-up point into the vehicle. This requires requesting the individual’s permission prior to touching their person, equipment, or belongings.

· If needed, assist in securing the individual and/or the individual’s equipment or belongings into the vehicle.

· Transport the individual to the designated destination without needing guidance or instructions from the individual on navigating, driving directions, or address. However, if the individual should wish to provide such information regarding the destination previously designated by the COR, the driver should not disregard the individual’s input. The contractor is not authorized to take the individual to any location(s) not designated by the COR except in the event of an emergency.

· Assist the individual from the vehicle to the destination, which may include opening doors, or upon request of the individual, assisting the individual to their specific destination within the building. This requires requesting the individual’s permission prior to touching their person, equipment, or belongings.

· Guide blind and low vision individuals and assist in the identification of locations, items, etc.

· All drivers must operate the vehicle in a safe manner in accordance with all relevant legal and regulatory authorities of the local jurisdiction. Under no circumstances shall the driver text and drive, engage in any activities while driving that creates a safety hazard, operate the vehicle in an unsafe manner, or operate the vehicle when impaired.

The Agency shall be responsible for:

1. Providing necessary information for requested travel to the Contractor. The Agency will make all reasonable efforts to submit requests at least 48 hours in advance of travel.

2. Reviewing and evaluating materials and task reports.

3. Providing assistance and general guidance to the Contractor, as requested.

13.0 PLACE AND TIME OF PERFORMANCE

The work will be performed off-site from the Agency, except that a pick-up or drop-off may be on Agency premises. The Contractor will schedule drivers and vehicles at the Contractor’s facility. The Contractor will provide drivers and vehicles to transport individuals with disabilities to and from their homes, business locations, meetings, facilities, workshops, conferences, training sites, and other locations designated by the COR. The transportation services will occur in the Baltimore, Washington, DC, Northern Virginia, and Eastern Pennsylvania Areas. The Contractor may be requested to arrange for transportation services in other geographic areas in the United States to include but not limited to: Boston, New York, Philadelphia, Atlanta, Chicago, Dallas, Kansas City, Denver, San Francisco, or Seattle. Regardless of the place of performance of the Contractor, when the Government site is not open for regular business due, for example, to Federal holidays, building closure, Government furlough, or weather conditions, work may not be performed under the contract without written authorization from the COR. The Office of Personnel Management maintains a list of Federal holidays on which Federal agencies, including CMS, are closed, at www.opm.gov.

14.0 BUSINESS ATTIRE

All personnel furnished by the Contractor must dress in a manner that is appropriate for a professional workplace with interaction with the public. Halter tops, tank tops, tee-shirts with inappropriate messages, sweatshirts, shorts, pants that are above the calf, sweatpants, jeans, flip-flops, canvas sneakers, and casual footwear are not appropriate for the work environment. Revealing clothing to include low cut tops, tight-fitting pants/skirts/shirts, or dress that exposes undergarments are not appropriate attire. If the contractor’s personnel appear in inappropriate attire, the Government may direct them to leave and the contractor will be required to provide another appropriately attired individual to fulfill the contract.

15.0 SECTION 508 - ACCESSIBILITY OF ELECTRONIC AND INFORMATION TECHNOLOGY

(a) This task order is subject to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by the workforce Investment Act of 1998 (P.L. 105-220). Specifically, subsection 508(a)(1) requires that when the Federal Government procures Electronic and Information Technology (EIT), the EIT must allow Federal employees and individuals of the public with disabilities comparable access to and use of information and data that is provided to Federal employees and individuals of the public without disabilities.

(b) The Electronic and Information Technology (EIT) accessibility standards at 36 CFR Part 1194 were developed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and apply to contracts and task/delivery orders, awarded under indefinite quantity contracts on or after June 25, 2001.

(c) Each EIT product or service furnished under this contract shall comply with the Electronic and Information Technology Accessibility Standards (36 CFR 1194), as specified in the contract, as a minimum. If the Contracting Officer determines any furnished product or service is not in compliance with the contract, the Contracting Officer will promptly inform the Contractor in writing. The Contractor shall, without charge to the Government, repair or replace the non-compliant products or services within the period of time to be specified by the Government in writing. If such repair or replacement is not completed within the time specified, the Government shall have the following recourses:

1. Cancellation of the contract, delivery or task order, purchase or line item without termination liabilities; or

2. In the case of custom Electronic and Information Technology (EIT) being developed by a contractor for the Government, the Government shall have the right to have any necessary changes made or repairs performed by itself or by another firm for the noncompliant EIT, with the contractor liable for reimbursement to the Government for any expenses incurred thereby.

(d) The contractor must ensure that all EIT products that are less than fully compliant with the accessibility standards are provided pursuant to extensive market research and are the most current compliant products or services available to satisfy the contract requirements.

(e) For every EIT product or service accepted under this contact by the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either a contract specified refresh cycle for the product or service, or on a contract effective option/renewal date; whichever shall occur first.

Section 508 Compliance for Communications

The Contractor shall comply with the standards, policies, and procedures below. In the event of conflicts between the referenced documents and this SOW, PWS, or TO, the SOW, PWS, or TO shall take precedence.

Rehabilitation Act, Section 508 Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

(3) www.access-board.gov/sec508/508standards.htm (508 standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

In addition, all contract deliverables are subject to these 508 standards as applicable.

Regardless of format, all Web content or communications materials produced, including text, audio or video - must conform to applicable Section 508 standards to allow Federal employees and members of the public with disabilities to access information that is comparable to information provided to persons without disabilities. All contractors (including subcontractors) or consultants responsible for preparing or posting content must comply with applicable Section 508 accessibility standards, and where applicable, those set forth in the referenced policy or standards documents above. Remediation of any materials that do not comply with the applicable provisions of 36 CFR Part 1194 as set forth in the SOW, PWS, or TO, shall be the responsibility of the contractor or consultant.

The following Section 508 provisions apply to the content or communications material identified in this SOW, PWS, or TO:

The contractor shall provide a completed Section 508 Product Assessment Template and the contractor shall state exactly how proposed EIT deliverable(s) meet or does not meet the applicable standards.

The following Section 508 provisions apply for software development material identified in this SOW, PWS, or TO:

For software development, the Contractor/Developer/Vendor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

For web-based applications, the Contractor shall comply with the standards, policies, and procedures below:

Rehabilitation Act, Section 508, Accessibility Standards

(1) 29 U.S.C. 794d (Rehabilitation Act as amended)

(2) 36 CFR 1194 (508 Standards)

(3) www.access-board.gov/sec508/508standards.htm (508 Standards)

(4) FAR 39.2 (Section 508)

(5) CMS/HHS Standards, policies and procedures (Section 508)

16.0 PRE-SCREENING OF CONTRACTORS

The Contractor shall pre-screen individuals designated to perform under any CMS contract by verifying minimal suitability requirements to ensure that only quality candidates are considered, and to minimize the burden on the Government of conducting background investigations on objectionable candidates. The Contractor must exercise due diligence in pre-screening all of its employees and sub-contractors prior to submission to CMS for Agency access.