Attachment_9-1_PerformanceWorkStatement_StenoServices Dec 2023.pdf

Federal Trade Commission

Office of the Chief Administrative Services Officer

Communication and Information Management

Attachment 9.1 - Performance Work Statement

Stenographic Services

Dec 2023

ATTACHMENT 9.1

Performance Work Statement Page 2 of 18

1.0 – PERFORMANCE WORK STATEMENT

For the duration of this contract, including any exercised option periods, the contractor shall provide all management, personnel, support, supplies, material and equipment required to provide uninterrupted performance of all tasks as detailed in this Performance Work Statement, and in accordance with the laws, regulations, and guidelines detailed in Constraints and Requirements.

For the purposes of this requirement the term “event” shall mean any hearing, deposition, trial or arbitration, conference or workshop, Equal Employment Opportunity (EEO) statement, or other proceedings where services are requested by the FTC.

1.1 – General Requirements Requests for specific services will be made by authorized FTC personnel via a web-based portal.

The contractor shall provide access to a web-based portal for FTC personnel to submit service orders/requests.

Upon receiving a service order from FTC authorized personnel, the contractor shall:

Within two hours of receipt of service order, send an estimated cost to the FTC via email at courtreporters@ftc.gov and to the FTC requester.

Provide stenographic and/or transcription services as detailed in the service order

Upon completion of services, submit an invoice to FTC

The contractor shall ensure that:

The Contracting Officer’s Representative (COR) receives all email confirmations, via courtreporters@ftc.gov, when requesters use the contractor’s portal, including confirmation of any changes to requested services (i.e., cancellations, changes in venue)

The COR receives, via courtreporters@ftc.gov, the same estimate that requesters receive for pending services.

Contractor sends encrypted electronic deliverables to court reporters and requester/staff persons’ mailboxes

Contractor sends the COR batch invoices, via courtreporters@ftc.gov, prior to uploading to Invoice

Processing Platform (IPP) for payment.

1.2 – Service Requirements

The contractor shall:

1) Provide services in a manner that is compliant with professional certifications and legal standards, including secure methods, regardless of the format or quantity of the materials being delivered or produced

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2) Provide services at domestic and international locations on short notice. Short notice is defined as

24 hours or less for domestic services and five days or less for international locations

3) Manage access logistics, as required, for U.S. and international facilities

4) Secure any required passes, U.S. State Department permits, or documentation related to travel, and security/background requirements for entry to service locations

5) Arrange for services as required by the Government, including:

Locating and reserving deposition space

Arranging for fax and telephone access

Arranging for audio, video, video conferencing capabilities, or other technologies as necessary at these locations

Coordinating with facilities, both domestic and international, to arrange use of space within courthouses, state and federal agency offices, conference and motel/hotel facilities, and other locations as specified by the FTC

6) Ensure that personnel, while performing live reporting, use FTC-approved methods and/or procedures to verify the accuracy of deliverables

7) To the greatest extent possible, provide contact information for individuals performing services prior to the event for the sole purpose of confirming and/or coordinating event specific details (i.e., location, time, type, etc.) between contractor and the FTC

8) In the event the contractor is required to redact information electronically for delivery to or on behalf of the FTC, the contractor shall use electronic redaction software or other equipment, technology, and methods approved by the FTC to ensure that such redaction is done securely, completely, and otherwise properly.

9) Ensure all changes requested "in the field" at the time of service by FTC personnel have approvals confirmed via the Communication and Information Management Office (CIM) prior to acting upon such changes, whenever possible.

When this is not feasible, it is the contractor's responsibility to inform the Contracting

Officer’s Representative (COR), or other designee in writing (via email) within 24 hours of the order amendment and/or modification in order for such additional expenses to be eligible for payment

Such change notices shall include sufficient detail about the changes requested so final invoicing can be verified

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10) Once an event commences, the contractor shall ensure continuity of services until released or recessed by presiding authority.

11) Notify the COR of technical and process related problems/issues or potential problems that may affect the performance as soon as possible via email and telephone

Examples of problems and issues that require COR notification are late attorney arrival, late stenographer/court reporter arrival, broken court reporting machine, technical difficulties with equipment, etc.

12) Perform periodic review of information security processes for tasks such as, but not limited to device and network security, file/document transfer of electronic products (i.e., email, encrypted attachment or SFTP), and document storage and duplication.

1.3 – Service Execution

The contractor shall:

1) Include with each live-reporting order:

One electronic copy of the transcript transmitted through an approved format (i.e., encrypted files sent via email, secure web-based portal, jump drive, or CD)

One condensed transcript (mini transcript)

If requested, physical transcript (up to three total) o One transcript marked “original”, and two transcripts marked “copy”

2) Include with each transcription service order:

One electronic copy of the transcript transmitted through an approved format (i.e., encrypted files sent via email, secure web-based portal, jump drive, or CD) sent through an approved, secure electronic transfer method

If requested, physical transcript (up to two total) o One transcript marked “original”, and one transcript marked “copy”

3) Provide all deliverables to requested location and/or to the designated email accounts as defined within the individual order(s) and to the presiding official (or designee) for all products of a service

The contractor shall provide a method to ensure 100% accuracy of delivery and tracking of contents of all shipments and media

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4) Verify the deliverables associated with each electronic order and ensure electronic deliverables and associated inventories are sent to FTC via secure electronic means such as email with file encryption, secure file transfer protocol, or on an encrypted storage device.

5) Ensure physical deliveries to the Washington, D.C. FTC offices are from the contractor’s office nearest to the Washington, D.C. area. All such deliveries shall be direct from the contractor to the

FTC OCASO staff.

6) Be able to accept and confirm receipt of FTC order information at a minimum via telephone, facsimile, and email to arrange for services.

7) Unless otherwise instructed by the government, maintain all source materials and documentation of services provided in a secure, stable, and retrievable condition as the basis for expense and legal remedy reports, and order analysis.

8) Ensure the delivery location for all orders are Free on Board (FOB) to OCASO at FTC HQ or the

Constitution Center.

9) Ensure delivery to additional addresses as required by each order or as directed by FTC OCASO

Staff.

10) The contractor shall have a process in place for order changes, coordination or scheduling that may occur after normal business hours. Normal working hours are defined as Monday through Friday

8:30 AM to 5:00 PM (ET).

1.4 – Types of Service Requests

1.4.1 –TRANSCRIPTION SERVICES

The FTC requires the delivery of transcription services that can range from same day to 15 days.

Transcription services can be requested for, but not limited to the following:

Deposition, hearing, arbitration, EEO statements transcripts

Trial, meeting, workshop, conference Transcripts

Transcription for audio tape, CD, or Wav Files

Transcription for video tape, VHS, web-based media files

Video-to-Text Synchronization on CD or DVD

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1.4.2 – REAL-TIME REPORTING SERVICES

Real-Time Reporting is used to provide instant transcripts on computer screens for trials, depositions, conferences, or workshops as they occur. Real-Time reporting includes, but is not limited to, the following:

1) Real-Time live recordings

The court reporter, stenographer, or transcriber shall provide real-time reporting during the initial session using one hook-up and one real-time ready laptop. A spare laptop shall be on hand to ensure there is no interruption of proceedings.

2) Interactive Real-time

Hook-up number two during the session that started in Live Recording - Real-time. Interactive

Realtime is each additional unit/ordering party (hook-up number three or more during the session that started in Live Recording - Real-time).

3) LiveNote Token

1.4.3 – TRANSLATION AND INTERPRETER SERVICES

On occasion, the FTC may require translation and interpretation services. Languages include but are not limited to Spanish, French, Russian, Mandarin, Japanese, German, Hindi/Urdu, Portuguese, Arabic and

Bengali. Translation and interpreter services include, but are not limited to, the following:

Translation Services to and from English

Interpretation Services to and from English

1.4.4 – VIDEO AND AUDIO RECORDING SERVICES

Video and audio recording services include, but are not limited to, the following:

Video Editing (when media created by the videographer needs edited)

Extra Copy of Video to Taking Party

Extra Copy of Video to Other Party

Original DVD/CD of video

Video synching (when the audio on the video is matched with the text)

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1.4.5 – VIDEOCONFERENCING SERVICES

On occasion, the FTC may require videoconferencing services of various meetings, workshops, or other activities, to include the delivery, set-up, testing, and instruction of equipment use. Equipment includes, but is not limited to, the following:

Video cameras and microphones

Video screens

Video bridge

1.4.6 – OTHER SERVICES

Additional services not found above may be required by the FTC. The FTC has the express right to request only electronic deliverables on any task as the agency transitions to e-recordkeeping. These services vary in nature and include, but are not limited to, the following:

Additional Condensed Transcript (mini transcript)

OCR (Optical Character Recognition) Scanned and Searchable Exhibits

Additional Transcript Copies

Exhibit Copies or Scans (black and white, 8-1/2" x. 11")

Exhibit Copies (special size or color)

Additional Full-Size Transcript to Same Ordering Party

MPEG CD or DVD Creation (computer-playable video CD or DVD)

CD or DVD (transcript linked with exhibits and video)

CD or DVD (transcript linked with exhibits and video) additional witness

Deposition Room

Transcript Edit o The per page rate to edit a transcript cannot exceed the per page rate of the original transcript

Witness review coordination

1.5 – Transcript Formatting

Deliverables, including transcripts, shall be prepared in accordance with standard stenographic and court reporting practices, for the Matter Category (e.g., public/non-public, formal/informal) or as directed by the

Administrative Law Judge, his/her staff, and/or the FTC presiding official as indicated by the Contracting

Officer's Representative (COR) or their designee.

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In instances where the FTC requires specific document and/or output formats or media, that information will be provided in advance to the contractor, by designated personnel.

The contractor shall maintain all versions of FTC transcripts and materials and apply litigation holds per the direction of the COR, FTC Records Officer, or designee. The COR, FTC Records Officer, or designee will advise the contractor on final disposition of FTC materials and deliverables. Upon receiving a disposition request, the Contractor will ensure all paper and electronic versions of FTC materials and deliverables (including copies, back-up versions, drafts, etc.) are properly disposed within 10 business days and final disposition will be in accordance with FTC policies and procedures. FTC policies and procedures are to delete/destroy 180 days after 100% validation/correction of order.

1) In Camera Pages:

Pages of transcripts designated as "In Camera" by the presiding official shall be designated and separately listed in the exhibits index and shall be provided under separate cover, marked and provided only to the party designated by the presiding official or designated personnel.

2) Format

The format for transcripts will depend on the matter category, service type and client's requirements.

Examples include, but not be limited to:

Audio and/or video (output to be formatted per order instructions)

Written/Electronic (output to be formatted per order instructions)

Paper and original media (exhibits); Condensed Transcript (Mini transcript)

"Real-time" transcription format; and/or

Synchronized transcription text to audio/video (output to be formatted per order instructions)

1.6 – Exhibits

All exhibits shall be marked as directed by the Administrative Law Judge, his/her staff, and/or the FTC presiding official as indicated by the Contracting Officer's Representative (COR) or their designee.

The contractor shall collect, compile, hold and deliver all types of exhibits in all formats and, as required, relay electronic formats to RFO via secure electronic means such as file encryption, use of a SFTP, or use of an encrypted storage device.

Exhibits received at the time of service shall be the responsibility of the contractor until delivery to RFO.

The contractor shall ensure the delivery location for all orders are Free on Board (FOB) to RFO at FTC HQ or the Constitution Center.

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The contractor shall ensure delivery to additional addresses as required by each order.

1.7 – Administrative Support (Optional CLIN)

The contractor shall provide administrative support to include, but is not limited to, the following:

Receive, clarify, and acknowledge telephonic/email/fax order requests for stenographic and court reporting services

Receive, validate, process, and monitor stenographic and court reporting orders

Provide financial management support.

2.0 – KEY PERSONNEL

Certain skilled, experienced professional and/or technical personnel are essential for accomplishing the tasks detailed in this performance work statement. These individuals are defined as "key personnel."

The FTC will review and approve employee resumes and qualifications for key personnel positions prior to assignment.

In the event of key personnel departures, the contractor shall provide immediate and complete mission and functional coverage until replacements are available. These replacements are required within 15 days after departure of the key personnel.

For this contract, the Project Lead and Information System Security Officer (ISSO) are designated as

“key personnel.”

2.1 – General Requirements

The contractor shall hire staff suitable to provide excellent customer service skills for public service. The contractor shall operate using professional standards in their interactions with FTC staff. Any issues that are unable to be resolved shall be escalated to the Contracting Officer or Contracting Officer’s

Representative.

The contractor agrees that the key personnel shall not be removed, diverted, or replaced from work without approval of the COR and/or CO. Any personnel the contractor offers as substitutes shall have the ability and qualifications equal to or better than the key personnel being replaced. All requests for approval of

Performance Work Statement Page 10 of 18 substitutions in personnel shall be submitted to the COR and the CO within 30 calendar days prior to making any changes in key personnel. The request shall be written and provide a detailed explanation of the circumstances necessitating the proposed substitution. The contractor shall submit a complete résumé for the proposed substitute.

The contractor shall identify key personnel and their designated alternates (when the primary is not available) necessary to meet the requirements of this solicitation in its submission.

2.2 – Project Lead

The project lead shall coordinate all service questions and problem resolution and shall be the primary point of contact for the Communication and Information Management (CIM) stenographic services staff. The project lead duties include, but are not limited to the following:

Receiving and relaying detailed instructions

Reporting on or verifying any information related to any FTC order request

Status updates

Status of funds for task orders

Notification of changes in practice to all personnel with the Contractor firm who work on FTC orders

Ensure that contractor staff assigned in support of this requirement are aware of, understand, and abide by the FTC established rules, regulations, and safety and work practices, and shall have full authority to act on matters pertaining to the performance of services.

3.0 – PERFORMANCE AND DELIVERABLES

Unless otherwise specified, all monthly reports and deliverables are due to the Contracting Officer’s

Representative (COR) via email in electronic format (PDF, Word, Excel) no later than the tenth of (10th) each month for the previous month reporting period activities (i.e., September’s reporting activities are due no later than October 10th). Annual reports are due within 15 calendar days of the start of a period of performance.

After reviewing submitted deliverables, the COR may request additional information, have comments or questions, or request changes and edits. The contract shall submit a revised report, incorporating any additional comments, changes, or edits, within five business days of receipt of COR’s comments.

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3.1 – Deliverables

3.1.1 – TRANSITION PLAN

Transition-In

The contractor shall implement a maximum of a 30-day transition-in period to transfer services. The contractor shall update the transition plan within five (5) days of any changes post award. During the transition in period, the contractor shall become familiar with standard operating procedures (SOPs) and assume the full execution of the requirements of this requirement.

During the transition in period, the contractor shall ensure a smooth transition of service. The contractor's program management structure and organization shall be in place and fully operational at the end of the transition in period. At completion of the transition in period, the contractor shall have full responsibility for all requirements covered under this requirement.

Transition-Out

The contractor shall prepare and deliver a Transition-Out Plan 90 days prior to the end of the term. The

Transition-Out Plan shall include a description of the activities and schedule required to transition services from the outgoing Contractor to the follow-on Contractor or Government agency. The plan shall include, but not be limited to, the following:

Transfer of Government Furnished Information as required, Data transfer, and

Knowledge sharing and orientation

Transition Execution

When directed by the Contracting Officer, the contractor shall execute the Transition-Out Plan in order to:

Allow no disruption of services

Accomplish a smooth transfer of daily operations and knowledge transfer

Transition all Government Furnished Information associated with this effort

Ensure qualified personnel, with necessary skills, knowledge and clearances are available until the end of this effort to perform stenographic support services

Collaborate and communicate with the Government during the transition period

Identify and manage any risks associated with the transition out.

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3.1.2 – QUALITY CONTROL PLAN

The contractor shall develop a Quality Control Plan (QCP) and maintain an effective quality control program. The contractor’s QCP is the means for ensuring work performed complies with the requirements of the award. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contracting Officer’s Representative (COR) may notify the contractor of required modifications to the plan during the period of performance.

3.1.3 – IT SYSTEM SECURITY PLAN

In accordance with the requirements detailed in the Security Requirements section, the contractor shall develop and deliver an IT System Security Plan that describes the controls in place or planned for meeting these requirements. The system security plan shall also delineate responsibilities and expected behavior of all individuals who access the system.

3.1.4 – TRANSCRIPTS, EXHIBITS, AND OTHER MEDIA

The contractor shall submit all transcripts, exhibits, and other media as directed by the COR.

3.1.5 – WEEKLY REPORT AND INVOICING

The contractor shall submit a weekly report to include the following:

Matter number

Dates of service

Estimate number and order number

Estimate amount

Invoice number

Invoice amount

Summary invoice number

Paid date (if available)

CLIN funding

Obligated funding

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3.1.6 – MONTHLY ACTIVITY REPORT

The contractor shall submit a monthly activity report to include the following:

Total services ordered

Provide order and expense data for use by the FTC in MS Excel or related formats

Total pages transcribed Total amount invoiced per CLIN and/or SubCLIN Total estimated amount (not yet invoiced) per CLIN and/or SubCLIN

3.1.7– AD HOC REPORT

On occasion, the Contracting Officer’s Representative or other authorize FTC personnel may request ad hoc reports. The content, format, and due date of all ad hoc requests will be agreed to by the contractor and

COR.

3.2 – Schedule of Deliverables

Deliverable Section Frequency / Due By Submit To

Transition Plan 5.1.1 Included with proposal As directed in RFQ

Quality Control Plan

(Initial)

5.1.2 Included with proposal As directed in RFQ

Quality Control Plan

(Updates) 5.1.2

Within 30 days of the start of a period of performance or as needed

CO

COR

Information System

Policy and

Procedures

2.2 Included with proposal As directed in RFQ

Third Party Security

Control Assessment

2.2 Included with proposal As directed in RFQ

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Deliverable Section Frequency / Due By Submit To

Third Party Security

Control Assessment

2.2 Annual

CO

COR

IT System Security

Plan (Initial)

2.2

5.1.3 Included with proposal As directed in RFQ

IT System Security

Plan (Updates)

2.2

5.1.3

Within 30 days of the start of a period of performance or as needed

CO

COR

Transcripts, Exhibits and other media

3.4.1

5.1.4 As required by individual order

As specified per order

Monthly Report 5.1.6 Five (5) working days following the previous month.

CO

Ad Hoc Report 5.1.7 As agreed to by the COR and contractor

COR

3.3 – Performance Requirement Summary

The following provides the target performance standards for this contract. The government will evaluate the contractor’s performance using the minimum standards and acceptable quality levels below and may use the results of its evaluation as follows:

Performance

Requirement Item

Section Standard

Acceptable

Quality Level

(AQL)

Method of

Surveillance

PRS # 1

Adherence to FTC

Security requirements

All personnel, practices and process are in compliance with

FTC security protocols.

100% compliance

Inspection or as requested by the

COR and/or appropriate CIM

Staff

PRS # 2

All personnel are certified, licensed and approved for each event.

100% of events.

Inspection or as requested by the

Performance Work Statement Page 15 of 18

Performance

Requirement Item

Section Standard

Acceptable

Quality Level

(AQL)

Method of

Surveillance

Personnel, Licenses, Certification, and

Qualifications.

COR and/or appropriate CIM

Staff and

Contractors.

PRS # 3

Provide logistics.

All personnel, with adequate equipment as needed, are at location to perform in times specified by each order.

100% of events

Inspection or as requested by the

COR and/or CIM staff.

PRS # 4

Provide communication and coordination with

RFO.

Contractor to provide personnel points of contact information, when determined, prior to the event for coordination purposes.

100% of events required

Inspection or as requested by the

COR and/or CIM staff.

PRS # 5

Provide deliverables

100% accountability of all deliverables shipped to FTC.

100% accountability of all deliverables provided to

FTC.

Inspection/accept ance by COR or

CIM Personnel

PRS # 6

Formatting of transcripts and exhibits.

100% of all exhibits and transcripts shall be formatted according to the PWS.

100% proper format of all deliverables.

Inspection/accept ance by COR and

CIM Personnel

PRS # 7

Accuracy of transcripts

Deliverables (including transcripts for live reporting & other methods) shall be 100% accurate

100% accuracy of all transcripts.

Inspection/accept ance by COR and

CIM Personnel

PRS # 8

Timeliness of deliverables.

All deliveries received at FTC according to call.

100% on time.

Inspection/accept ance by COR and

CIM Personnel

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Performance

Requirement Item

Section Standard

Acceptable

Quality Level

(AQL)

Method of

Surveillance

3.4 – Performance Monitoring

The COR will engage in routine inspection and random sampling of work to monitor the contractor’s performance. Monitoring methods include, but are not limited to:

Direct observation

Verbal communications with customers

Collected data validation

Periodic inspections

Program status reviews

Deliverable reviews

Customer surveys/complaints

Periodic/Random samplings

4.0 – PERIOD AND PLACE OF PERFORMANCE

4.1 – Period of Performance

The FTC anticipates awarding a one-year (12-month) base contract with two, one-year (12-month) option periods.

4.2 – Place of Performance

The place of performance will be in various locations to include:

FTC and other facilities in Washington DC

FTC regional locations

District of Columbia

Court buildings, law offices, and other meeting locations within the United States, U.S. Territories, or international locations

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The FTC has offices in the following locations:

FTC - Headquarters

600 Pennsylvania Ave, NW

Washington DC 20580

FTC – Constitution Center

400 7th Street, SW

Washington DC 20024

FTC – East Central Regional Office

1111 Superior Avenue, Suite 200

Cleveland, OH 44114-25074

FTC – Midwest Regional Office

John C. Kluczynski Federal Building

230 South Dearborn Street, Room 3030

Chicago, IL 60604

FTC - Northeast Regional Office

One Bowling Green, Suite 318

New York, NY 10004

FTC – Northwest Regional Office

915 Second Avenue, Room 2896

Seattle, WA 98174

FTC – Southeast Regional Office

225 Peachtree Street, NE, Suite 1500

Atlanta, GA 30303

FTC – Southwest Regional Office

1999 Bryan Street, Suite 2150

Dallas, TX 75201-6808

FTC – Western Regional Office (SF)

901 Market Street, Suite 570

San Francisco, CA 94103

FTC – Western Regional Office (LA)

10990 Wilshire Blvd., Suite 400

Los Angeles, CA 90024

Note: The FTC’s lease at the Constitution Center is set to expire 2024 with a subsequent move to another location in Washington, DC possible during that calendar year. Tasks associated with FTC Constitution

Center shall be applicable to any new location. Any such changes will be communicated in advance to the contractor by the contracting officer’s representative or other authorized FTC personnel.

4.3 – Hours of Operation

FTC’s core hours of operation are 8:00 am – 5:00 pm, Monday through Friday. Occasionally, services may be required outside of core (normal) business hours.

While the FTC recognizes the Federal Holidays noted below, the nature of this contract entails that may be responsible for performing services on FTC recognized federal holidays or on days designated as a holiday or when buildings are closed by Executive Order or other emergency declaration.

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The Contracting Officer’s Representative will inform the contractor if services are required outside of normal business hours, on Federal Holidays, days designated as a holiday, or closures due to emergency declarations.

The FTC recognizes the following federal holidays:

New Year’s Day Juneteenth Veteran’s Day

Martin Luther King Jr. Birthday Independence Day Thanksgiving Day

President’s Day Labor Day Christmas Day

Memorial Day Columbus Day