Attachment 3 PWS.pdf

PERFORMANCE WORK STATEMENT (PWS)

COURT REPORTING TRANSCRIPTION SERVICES

IRWIN ARMY COMMUNITY HOSPITAL

FORT RILEY, KY

1. GENERAL. This is a non-personnel 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.

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 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. N/A.

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. WORK DAY. 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 vendor.

3.1. FACILITIES. N/A

3.2. GOVERNMENT SERVICES. N/A

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. This plan 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 will be in accordance with formatting standard as prescribed the standards for transcription as outlined in AR 27-10, chapter 25. The digital transcription records will 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 must have a certificate from the previously listed school. Reporters must 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 Statement of Work 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 and Credentials cases. Contractor agrees to provide transcripts in accordance with the standard formatting set AR 27-10

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 for inspection approximately 25 electronic pages via e-mail of his/her initial work before continuing with the remainder, with a provision that both parties must agree upon the quality/standard of work before proceeding with the remainder.

5.1.1. Contractor should be paid after each successful transcription is completed and accepted by the Government– i.e. partial payments. Payment should 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 must 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.

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. RESERVED

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).

6.1. Army Regulation 600-15, 09 NOV 1999

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”)

Method of

Surveillance

PRS # 1

The Contractor shall provide court reporter transcription services for

Irwin Army Community

Hospital, Fort Riley, Kansas.

The Government will review all electronic transcripts provided by the Contractor

(must be provided in Microsoft

Word) and perform quality control. Transcripts will be returned to the contractor for revision if they do not meet the established standards.

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.

Direct surveillance and review performed by the

Government.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency

# of

Copies Medium/Format Submit To

Records that are

15 hours on the record or less

Delivered in 30 calendar days or less

1 Microsoft Word unlocked/editab le electronic file

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

carla.a.williams.civ@mail.mil

Records that are

16-30 hours on the record

Delivered in 60 calendar days or less

1 Microsoft Word unlocked/editab le electronic file

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

carla.a.williams.civ@mail.mil mailto:carla.a.williams.civ@mail.mil

Deliverable Frequency

# of

Copies Medium/Format Submit To

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/editab le electronic file

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

carla.a.williams.civ@mail.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