Attachment 1 PWS 22-Q-0093.pdf

PERFORMANCE WORK STATEMENT (PWS)

COURT REPORTING TRANSCRIPTION SERVICES

IRWIN ARMY COMMUNITY HOSPITAL

FORT RILEY, KS

1. GENERAL: This is a non-personal services contract to provide court reporter transcription services in support of legal proceedings relating to cases with Irwin Army Community Hospital (IACH). The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1. BACKGROUND: IACH is responsible for covering court reporter transcription services for cases relating to Equal Opportunity (EO), Equal Employment Opportunity (EEO), Credentials, etc. Services necessitate commercial transcription of records of trial because government resources are insufficient to transcribe the cases in order to meet post-trial processing timelines prescribed by appellate court case law. In order to effectively prosecute these high visibility cases, the use of specialized trained court reporters is critical to effectively and ultimately allow the court case process to be adequately represented to all interested parties.

As a result of these requirements and the laws and regulations governing courts-martial procedures, IACH, Fort Riley must contract for transcription services to transcribe court proceedings in accordance with the timelines and standards set forth in post-trial processes, in support of the Office of the Staff Judge Advocate.

1.2. SCOPE OF WORK: The Contractor shall provide qualified personnel, services, materials, equipment, supplies and facilities necessary to perform transcription services for all court cases and other legal proceedings transcription services including transcribing verbatim and summarized records of trial when such records are required. Contractor must be a certified and experienced court reporter knowledgeable in legal procedures and rules as defined in 4.1.1.

1.2.1. The Contractor shall comply with all applicable laws, rules and regulations, including but not limited to those included in Section 6 of the PWS.

1.3. SECURITY REQUIREMENTS: The Contractor shall be responsible for the security of all information.

1.4. Neither the Contractor nor any of its contract service providers shall disclose or cause to disseminate any information concerning operations of military activities. Such action(s) could result in violation of the contract and possible legal actions.

1.4.1. All inquiries, comments or complaints arising from any matter observed, experienced, or learned of as a result of or in connection with the performance of this contract, the resolution of which may require the dissemination of official information, shall be directed to the contracting officer representative (COR) and the contracting officer (KO).

1.4.2. The Contractor shall only conduct business with designated government personnel listed as points of contact (POCs). Names of authorized personnel shall be provided to the Contractor by the government, in writing, and updated as necessary throughout the contract period.

1.4.3. U.S. Government records, copies of original results and reports, verified original data, corrected data, and corrected supporting final reports are maintained by the Contractor, but remain the property of the U.S. Government. These files/results must be surrendered to the

COR.

1.4.4. Identification Of Privacy Act: This contract requires the development of a system of records in accordance with the Privacy Act of 1974. All information provided by the U.S.

Government to the Contractors is sensitive in nature and shall be used For Official Use Only

(FOUO).

1.5. PERFORMANCE QUALITY: The Contractor shall establish and maintain a complete Quality Control Plan that shall ensure the requirements of the contract are provided as specified in Section 5 of the PWS. Within thirty calendar days after contract award, three copies of a comprehensive written QCP shall be submitted to the COR and the KO within 5 working days when changes are made thereafter.

1.5.1. Hours Of Operation: The Contractor is responsible for being able to be reached by email or telephonically between the hours of 0700-1700 Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring, the Contractor shall keep in mind that stability and continuity of the workforce are essential.

1.6. PHASE IN /PHASE OUT PERIOD: Reserved

1.7. GENERAL TRAINING REQUIREMENTS:

1.7.1 Anti-Terrorism (AT) Level I Training: The Contractor shall complete AT Level I Training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies. The contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR or KO within ten (10) calendar days after completion of training by all employees and subcontractor personnel. For Common Access Card (CAC) holders, AT Level I awareness training is available at https://jkodirect.jten.mil, course number “JS-US007-14”. For non-CAC holders, AT Level I awareness training is available at http://jko.jten.mil/courses/atl1/launch.html (this standalone version is intended for non-CAC users without a JKO account only). Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local AT Officer at their assigned location for classroom training by a Level 2 trained AT Officer and a copy of either the training certificate or the training attendance roster signed by the AT Officer will be maintained by the Contractor. Verification of the training will be provided to the COR or KO within ten (10) calendar days after completion of the training.

1.7.2 OPSEC Awareness: If the Contractor, or a subcontractor, or employees of either disclose any information that disrupts or harms the Government's operations or activities, then the Government retains the right to exclude any employee from performance of duties under this contract. The exclusion of an employee for security reasons will not relieve the Contractor from performance of services required under this contract. By way of example, personnel shall not sketch or take photos of government facilities or activities, unless related to service to be provided. All government paper products and removable digital storage material that is received, generated, or stored during the contract will be destroyed completely when no longer needed to preclude recognition of information.

1.7.3 OPSEC Training: All Contractor employees and sub-Contractor employees performing services under this contract will complete Level I OPSEC training within 30 calendar days of employment under this contract. OPSEC Level I training is available at https://jkodirect.jten.mil, course number “EUC-ECJ6-110-N-LB”. Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local OPSEC Officer at their assigned location for classroom training by a Level 2 trained OPSEC Officer and a copy of either the training certificate or the training attendance roster signed by the OPSEC Officer will be maintained by the Contractor.

Verification of the training will be provided to the COR or KO upon request.

1.7.4 Threat Awareness Reporting Program (TARP Training): Within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies, or 30 calendar days after employment of new personnel, all Contractor employees, including subcontractor employees, who are employed under the contract and require a security clearance, shall complete TARP training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever applies.

The Contractor shall submit certificates of completion for each affected Contractor employee and subcontractor employee to the COR within ten (10) calendar days after completion of training by all employees and subcontractor personnel. TARP training is available at the Army Learning Management System (ALMS) https://www.lms.army.mil/. Training must have been completed within the last 12 months and maintained yearly thereafter. If training cannot be conducted on the website, the Contractor will coordinate with the local Counter Intelligence (CI) Officer at their assigned location for classroom training and a copy of either the training certificate or the training attendance roster signed by the CI Officer will be maintained by the Contractor.

Verification of the training will be provided to the Contracting Officer (KO) or Contracting Officer Representative (COR) within ten (10) calendar days after completion of the training.

2. DEFINITIONS AND ACRONYMS:

2.1. Definitions:

2.1.1. Contractor: The term as used in this contract refers to the prime.

2.1.2. Contracting Officer: A person with authority to enter into, administer, or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. Contracting Officer's Representative (COR): An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. Physical Security: Actions that prevent the loss or damage of government property.

2.1.5. Quality Assurance: The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.6. Quality Control: All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.7. Subcontractor: One that enters into a subcontract and assumes some of the obligations of the primary Contractor.

2.1.8. Workday: The number of hours per day the Contractor provides services.

2.1.9. Work Week: Is defined as Monday through Sunday (dependent on workload and mobilization requirements).

2.2. Acronyms: List all acronyms used in the PWS and what they represent.

ACOR Alternate Contracting Officer's Representative AR Army Regulation CFR Code of Federal Regulations CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial Off the Shelf DA Department of the Army DD250 Department of Defense Form 250 (Receiving Report) DMDC Defense Manpower Data Center DOD Department of Defense HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer (the only person that can obligate the government and approve modifications to the contract) MEDCOM U.S. Army Medical Command

MTF Medical Treatment Facility OCONUS Outside Continental United States (includes Alaska and Hawaii) OTSG Office of The Surgeon General, U.S. Army PIPO Phase In/Phase Out POC Point of Contact PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

3. MATERIALS: All materials will be provided by the contractor.

3.1. FACILITIES: Reserved

3.2. GOVERNMENT SERVICES: Reserved

3.3. GOVERNMENT QUALITY ASSURANCE (QA): The Government will evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). The QASP is intended solely for the government and is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

3.3.1. Contractor agrees to provide work as identified in Technical Exhibits 1-2. This plan is primarily focused on ensuring the quality of the transcription is acceptable and to determine what the contractor and the government must do to ensure contractor performs in accordance with the performance standards set in this PWS.

3.4. KEY PERSONNEL: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0700-1700, Monday thru Friday except Federal holidays or when the Government facility is closed for administrative reasons.

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES: The contractor shall furnish all supplies, equipment, software, hardware, facilities and services, in order to perform and fulfill all requirements under this contract, that are not listed under Part 3 of this PWS.

4.1. Contractor agrees to also provide all transcription records in a digital Microsoft Word compatible format via e-mail utilizing the e-mail addresses listed in technical exhibit 2.

4.1.1. As indicated in individual calls, all transcription shall be in accordance with formatting standard as prescribed the standards for transcription as outlined in AR 27-10, chapter 25. The digital transcription records shall be delivered to the government via regular mail on a compact disc. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under section 3 of this statement.

4.2. PERSONNEL QUALIFICATIONS: An outline of qualifications for the Contractor staff is as follows: The Contractor is responsible for ensuring all employees possess and maintain current standards in accordance with standard formatting and standards set by AR 27-10. All Contractor staff that provide transcription services shall have a certificate from the previously listed school. Reporters shall have knowledge of US Army acronyms and terminology.

4.2.1 Qualifications for all key personnel are listed below: The Contractor is responsible for ensuring all employees possess and maintain current standards in accordance with the standard listed in 4.2. The Government has the right to request proof of experience and qualifications at any time during the contract agreement.

4.2.2. IDENTIFICATION OF CONTRACTOR EMPLOYEES: All contract personnel attending meetings and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

4.2.3. MATERIALS: The Contractor shall provide electronic files of completed transcriptions in accordance with the established standards listed above within the Performance Work Statement (PWS) along with all necessary materials required to deliver the transcription records to the government as described and in accordance with the PWS. The Contractor shall also furnish materials, supplies, and equipment necessary to meet the requirements for the provision of services established under the terms of this contract.

4.2.4. PLACE OF PERFORMANCE: The work to be performed under this contract will be performed at the commercial transcriber’s personal or professional place of business or in court.

4.2.5. DATA RIGHTS: Contractor agrees that all digital recordings, transcripts, and work product provided to the contractor and created in the course of business under the requirements of this contract belongs to the US Government and are not to be publicly disclosed. All material provided by the government and or created as result of the requirements under this contract must be treated as sensitive and must be handled accordingly.

5. DESCRIPTION OF WORK: The Contractor shall provide reporter services for transcription of court proceedings, to include, but not limited to general and special courts regarding EO, EEO, Healthcare Risk Management and Credentials cases. Contractor agrees to provide transcripts in accordance with the standard formatting set AR 27-10 travis.e.engle Sticky Note Completed set by travis.e.engle travis.e.engle Sticky Note None set by travis.e.engle

5.1. Contractor agrees to a specified turn-around time for transcription assistance; i.e., a specified number of pages to be provided in accordance with Technical Exhibit 2. Further, the Contractor agrees to present within 3 business days approximately 25 electronic pages via e-mail of his/her initial work for inspection before continuing with the remainder, with a provision that both parties must agree upon the quality/standard of work before proceeding with the remainder.

Transcript of the Peer Review Hearing must be a verbatim record of the peer review hearing proceedings, with exhibit items listed and numbered as they are presented. The peer review hearing transcript (paper or electronic) must be completed by guidelines presented in Exhibit 2.

The COR must be notified regarding any delays in completing the transcript. The peer review hearing transcript is protected, in accordance with Section 1102 of the United States Code, Title

10. One original and one copy of transcript is prepared. The court reporter may provide the peer review hearing transcript and exhibits in electronic medium.

5.1.1. Contractor shall be paid after each successful transcription is completed and accepted by the Government– i.e., partial payments. Payment shall be made as described on terms and conditions. All transcripts will be transcribed in Courier New, size 12 Font. Verbatim cases will be double spaced and should be 23 lines per page. Summarized records are single spaced so the lines per page will vary. The Government will also send notes, witness lists, exhibit logs, and any other documents needed to make transcript more efficient in hardcopy. If required, audio files will be in a .trm format which is the type of file created by FTR Gold software. All required computer software and hardware shall be provided by the contractor.

5.1.2. The Contractor shall attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the Government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the Government. Meeting minutes and comments will be taken and distributed to all interested parties.

5.2. The Contractor shall provide all personnel, equipment, supplies, software, hardware, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform court-proceeding transcription services as defined in this Performance Work Statement except for those items specified as Government furnished property and services.

The Contractor shall perform to the standards in this contract. The contractor shall provide court reporter transcription of court proceedings for IACH, Fort Riley, Kansas, to include, but not limited to pre-trial motion hearings, general and special courts and post-trial hearings.

5.2.1. Contractor agrees to provide transcripts in accordance with the standard formatting set by the standards for transcription as outlined in Army Regulation 27-10, chapter 25.

5.2.3. Contractor also agrees to provide a digital version of all transcriptions in a format that is compatible with Microsoft Word and that follows all requirements set forth in this PWS.

Government and contractor must agree upon the quality and standards of the transcription records prior to completing the provided digital audio recordings.

5.2.4. Contractor agrees to provide a transcription record that contains less than one (1) errata page per every 100 pages of transcript. The contractor shall perform to the standards in this contract.

5.3. Service Contract Reporting (SCR): The contractor shall report all contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract via a secure data collection site.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 30 of each calendar year using http://sam.gov.

6. APPLICABLE REGULATIONS AND MANUALS: The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures provided including Army Regulation 27-10, and the attached guides provided by the Judge Advocate General’s Legal Center and School. (Current Editions).

7. Attachment/Technical Exhibit List:

7.1. Attachment 1/Technical Exhibit 1 – Performance Requirements Summary

7.2. Attachment 2/Technical Exhibit 2 – Deliverables Schedule

7.3. Attachment 4/Technical Exhibit 3 – Army Court Reporter Manual

7.4. Attachment 5/Technical Exhibit 4 – Summarized Court Reporting Format

TECHNICAL EXHIBIT 1

Performance Requirements Summary

The Contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective (The Service required— usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Incentive/Disincentive

1. Combating Trafficking in Persons

FAR 52.222-50 c

The Contractor shall Notify its employees of

a. The United States Government's zero tolerance policy described in paragraph

(b) of this clause The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment.

100% Compliance Contractor compliance rate shall be utilized as objective evidence of contract compliance and documented into the CPAR system;

contractor shall re-perform the service

PRS # 1. Para 5

The Contractor shall provide reporter services for transcription of court proceedings, to include, but not limited to general and special courts regarding EO, EEO, Healthcare Risk Management and Credentials cases. Contractor agrees to provide transcripts in accordance with the standard formatting set AR 27-10 Para

5.0 and 5.1

Contractor agrees to a specified turn-around time for transcription assistance, i.e., a specified number of pages to be provided in accordance with Technical Exhibit 2.

The Contractor shall provide transcription services at a level at or above the standards established by the guides provided including providing transcriptions records that contain less than one (1) errata page per every 100 pages of transcript.

First failure will result in the issuance of a Contractor Deficiency Report (CDR) Continuance of not meeting performance standard (2 or more) a corrective action plan will be developed at the discretion of the KO

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of

Copies Medium/Format Submit To Quality Control Plan [PWS para. 1.5]

Initial: Within 10 days of contract award.

Updates: within 5 days

1 copy is required.

Microsoft Office Outlook Email

CONTRACTING OFFICER:

CHRISTOPHER.A.RICHIE.CIV@

ARMY.MIL

CONTRACT SPECIALIST:

TRAVIS.E.ENGLE.CIV@ARMY.

MIL

CONTRACTING OFFICER’S

REPRESENTATIVE (COR):

Carla.a.williams.civ@mail.mil

Anti-Terrorism Certificates

[PWS para.1.7.1]

Initial: Within 30 days of contract award.

Updates: annually thereafter.

[Same as above.]

[Same as above.] [Same as above.]

OPSEC Certificates

[PWS para. 1.7.3]

[Same as above.] [Same as above.]

[Same as above.] [Same as above.]

TARP Certificates

[PWS para. 1.7.4]

[Same as above.] [Same as above.]

[Same as above.] [Same as above.]

Records that are 15 hours on the record or less

Delivered in 10 calendar days or less

1 Microsoft Word unlocked/editable electronic file

Transmitted via e-mail to the following e-mail addresses:

Carla.a.williams.civ@health.milor pamela.a.nelson2cliv@health.mil

Records that are 16- 30 hours on the record

Turnaround time to be determined on a case-by-case basis

1 Microsoft Word unlocked/editable electronic file

Transmitted via e-mail to the following e-mail addresses:

Carla.a.williams.civ@health.milor pamela.a.nelson2cliv@health.mil

Records that are greater than 30 hours on the record

Turnaround time to be determined on a case-by-case basis

1 Microsoft Word unlocked/editable electronic file

Transmitted via e-mail to the following e-mail addresses:

Carla.a.williams.civ@health.milor pamela.a.nelson2cliv@health.mil mailto:.A.RICHIE.CIV@ARMY.MIL mailto:.A.RICHIE.CIV@ARMY.MIL mailto:TRAVIS.E.ENGLE.CIV@ARMY.MIL mailto:TRAVIS.E.ENGLE.CIV@ARMY.MIL mailto:Carla.a.williams.civ@mail.mil mailto:Carla.a.williams.civ@health.mil mailto:Carla.a.williams.civ@health.mil mailto:Carla.a.williams.civ@health.mil

TECHNICAL EXHIBIT 3 (ATTACHED)

ARMY COURT REPORTER MANUAL

ARMY Court Reporter Manual

TECHNICAL EXHIBIT 4 (ATTACHED)

ARMY SUMMARIZED COURT REPORTING FORMAT

Summarized Court Reporting