Attachment2_PWS_EEO Court Reporter.pdf

Performance Work Statement

Fort Leavenworth Garrison Court Reporter Services

GENERAL

SCOPE OF WORK. The contractor shall provide personnel, transportation, materials, equipment, facilities, management and any other items and services not government furnished necessary to perform the court reporter services as defined in this work statement for the Equal

Employment Opportunity Office, U.S. Army Garrison Fort Leavenworth, located at Building

197, Suite 632, Fort Leavenworth, Kansas. The contractor shall perform to the standards and specifications in this contract.

HOURS OF OPERATION. Services are typically required during normal duty hours, 7:30 am to

4:30 pm, Monday through Friday, excluding Federal holidays. In limited instances, reporters may be required to provide services when events extend past these hours.

PERSONNEL. The contractor shall provide a work force possessing the skills, knowledge, and training to satisfactorily perform the services required by this contract. Personnel performing work under this work statement shall remain employees of the contractor and will not be considered employees of the Government.

CONFLICT OF INTEREST. The contractor shall not employ any person who is currently a military member or a civilian employee of the United States Government, even in that person's off-duty status, if the employment of that person would be in violation of the Standards of

Conduct defined in AR 600-50 or DOD Directive 5500.7-R, Joint Ethics Regulation, nor shall the contractor employ any such person unless such person seeks and receives approval in accordance with applicable departmental regulations. The contractor shall not employ any relative of government (military or civilian) personnel who are directly or indirectly involved in the administration of, or otherwise associated with, this contract. The contractor shall not employ any former military member or civilian employee of the United States Government if such employment would be in violation of law or the Standards of Conduct contained in AR 600-50 or

DOD directive 5500.7-R, Joint Ethics Regulation.

MINIMUM EXPERIENCE. The contractor shall have a minimum of five (5) years’ experience in providing the service specified herein. If subcontractors are used, the contractor shall ensure such subcontractors have a minimum of five (5) years experience, as well.

MINIMUM COURT REPORTER QUALIFICATIONS. The contractor shall provide court reporters with the following minimum qualifications.

The ability to take verbatim (literary) dictation using stenomask or other means at a minimum speed of 200 words per minute.

Twelfth grade level in English reading comprehension and composition.

Must be a high school graduate.

Completion of a formal course of instruction in court reporting. Proof of training or certification to be provided.

No record of civil convictions other than minor traffic offenses.

No pattern of undesirable behavior as evidenced by civilian or military record.

Court reporter shall be familiar with the unique local language, names, expressions, and phrases spoken within the Fort Leavenworth Servicing area. Reporter must be able to correctly spell the names, expressions, phrases so as not to change or obscure the meaning of the testimony.

QUALITY CONTROL. The contractor shall implement a complete quality control program that identifies potential and actual problem areas in providing requirements of the contract as specified, and results in corrective action throughout the life of the contract. The Quality Control

Plan (QCP) shall be provided to the contracting officer within 10 days after award. The

Government will make final review and acceptance of the QCP and any subsequent changes.

Changes to the QCP shall be submitted to the contracting officer 10 calendar days prior to effective date of change. The basic tenet of the plan is that the contractor is responsible for quality. All methods, procedures, and forms shall support this concept. The QCP shall:

Be structured to assure independence from any other parts of the contractor's organization.

Have direct accountability to the contractor's top management.

Address overall project management and administration.

Be a comprehensive program to plan and deliver quality services to the government.

Cover all services described in this contract, prioritize services, and concentrate on the most important services.

Describe a method acceptable to the government of identifying deficiencies in the quality of service performed under this contract before the level of performance becomes unacceptable and address processes for corrective actions without dependence upon government direction.

Establish an inspection system covering all services required by this contract. This plan shall specify areas to be inspected on either scheduled or unscheduled basis and the title of the individual who will do the inspection.

Describe methods of communications with the government, direct or indirect, regarding performance of the contract. The communications shall include regular and formal meetings with the government. Informal communications shall also be addressed.

FILES. The contractor shall maintain complete and accurate files of documentation, records, and reports required under the terms of this contract. The contractor shall not allow access to the files by any Government agency, non-Government agency, or individual unless specifically authorized by the Contracting Officer or designated representative upon request. All files will become the property of the Government and shall be turned over to the Contracting Officer at the completion or termination of this contract.

DISCLOSURE OF INFORMATION. Performance under this contract may require the contractor to access data and information proprietary to a Government agency, another

Government contractor, or of such nature that its dissemination or uses other than as specified in this work statement would be adverse to the interests of the Government or others. Neither the contractor, nor contractor personnel, shall divulge or release data or information developed or obtained under performance of this work statement except to authorized Government personnel or upon written approval of the Contracting Officer. The contractor shall not use, disclose, or reproduce proprietary data which bears restrictive legend, other than as specified in this work statement.

DEFINITIONS.

STANDARD DEFINITIONS. Definitions are contained in ARs 190-11, 190-13, 310-25, and

310-50. For the purpose of this contract, those specified below shall also apply.

AR. Army Regulations.

CONTRACT ADMINISTRATOR. The official government representative delegated authority by the contracting officer to administer a contract. This individual, normally working in an appropriate contracting or procurement career field, advises on all technical contractual matters.

CONTRACT DISCREPANCY. A failure of the contractor to perform in accordance with contract requirements and specifications. A contract discrepancy may result from a failure of the contractor to provide, or provide on time, the required contract products or services; or it may result because delivered products or services do not meet specific contract schedule.

CONTRACT DISCREPANCY REPORT (CDR). A report used to document unsatisfactory contractor performance. The CDR requires the contractor to explain, in writing, why performance is unsatisfactory; how performance shall be returned to satisfactory levels; and how recurrence of the problem shall be prevented in the future.

CONTRACTING OFFICER. A person duly appointed and having the ONLY authority to enter into contracts and modifications which will bind the Government.

CONTRACTING OFFICER'S REPRESENTATIVE (COR). An individual designated in writing by the Contracting Officer to perform specific contract administration functions. This individual has no authority to enter into, change or terminate existing Government contracts.

CONTRACTOR. The contractor, its subsidiaries and affiliates, joint ventures involving the contractor, or any entity with which the contractor may have merged or any individual or entity that assisted or advised the contractor in the preparation of a proposal under the solicitation.

DOD. Department of Defense.

GOVERNMENT FURNISHED PROPERTY (GFP). All equipment, goods, and land possessed by the government and subsequently, delivered or otherwise made available to the contractor.

QUALITY ASSURANCE EVALUATOR (QAE). A government representative responsible for performing surveillance and inspection of contractor performance.

QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). A written document used by the government for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor's performance.

QUALITY CONTROL. Those actions taken by the contractor to control the production of goods or services so that they meet the requirements of the contract.

SHALL. Word used in connection with the contractor which specifies that the provisions are binding.

WILL. Word used to express a declaration of purpose on the part of the government.

U.S. United States.

TECHNICAL DEFINITIONS.

ADVISORY DOCUMENT. A directive which the contractor may use for information and guidance but is not binding for compliance.

CALENDAR DAY. The time from midnight to midnight.

MANDATORY DOCUMENT. A directive, which the contractor is obliged to perform the effort strictly in accordance with the method, specified in the directive to meet the stated results of the directive.

GOVERNMENT FURNISHED PROPERTY. There is no government furnished property.

CONTRACTOR FURNISHED ITEMS. The contractor shall furnish all property and services not specifically identified as government furnished, but which are necessary to perform the requirements of this contract. Contractor furnished property and services shall be compatible with existing government systems (Microsoft Office).

OFFICE SUPPLIES. The contractor shall provide all expendable office supplies and materials required to perform services under this contract.

SPECIFIC TASKS. The contractor shall provide court reporting services for the Government in accordance with this work statement and those mandatory directives.

The contractor shall record and transcribe a verbatim record of fact finding meetings and hearings.

The contractor shall provide services at the fact finding meetings under the direction of the U.S.

Department of Defense, Investigations and Resolutions Directorate (IRD) Diversity Management

Operations Center (DMOC), Investigator.

The contractor shall provide services at the EEOC hearings under the direction of the

Administrative Judge, Equal Employment Opportunity Commission, St. Louis District Office.

The Contractor shall provide transcripts within ten (10) calendar days following the day of adjournment.

For the Investigations and Resolutions Directorate (IRD) Diversity Management Operations

Center (DMOC) Fact Finding Conferences, two (2) sets of hearing transcripts (1 original and 1 copy) and one (1) set of hearing transcripts with signed signature page, all scanned into Portable

Document Format (PDF) format must be received by the Department of Defense, Investigations and Resolution Division (DODIRD), address below, within ten (10) calendar days after the close of hearing. The electronic copies of Transcripts shall be forwarded to:

Investigator assigned

Defense Human Resources Activity

Diversity Management Operations Center

Investigations and Resolutions Directorate, 4800 Mark Center Drive, Suite

Alexandria, VA 22350-4000

Two (2) sets of hearing transcripts (1 original and 1 copy) and one (1) set of hearing transcripts with signed signature page will be forwarded to the EEO Office address below:

EEO Officer

Department of the Army

U.S. Army Garrison Leavenworth

Equal Employment Opportunity Office

632 McClellan Ave, Bldg 197

Fort Leavenworth, KS 66027

PHONE: (913) 684-3677

For the EEOC Hearings, three (3) sets of hearing transcripts (1 original and 2 copies) and one (1) set of hearing transcripts with signed signature page, all scanned into Portable document format

(PDF) format must reach the Equal Employment Opportunity Commission (EEOC), address below, within ten (10) calendar days after the close of hearing. Transcripts shall be mailed to:

Equal Employment Opportunity Commission

St. Louis District Office

Hearings Unit

1222 Spruce Street, Room 8. 100

St. Louis, MO 63103

PHONE: (314) 539-7800

FAX: (314) 539-7894

Date, time, and location of the hearing needing court reporter services, along with the investigator, complaint and organization will be provided when the order is placed.

The Government will give the contractor at least two (2) business days notice prior to required date.

Notice of change (date and/or time and/or location) or cancellation of services will be made to the contractor at least 12 hours before services are to begin via telephone or fax.

Reporter shall report to designated locations at least 15 minutes before the designated time.

The contractor shall be responsible for furnishing complete transcripts, which accurately provide the full and complete verbatim record of proceedings. The transcripts shall be proofread against the reporter's notes and/or tapes.

When electronic sound recording systems are used, backup equipment must be readily available.

Electronic sound recording systems must be of such quality as to ensure against error, misinterpretation, or loss of voice. Equipment must be operator - monitored from a separate monitor head to ensure a proper recording and include simultaneous playback, listening, preamplification and speaker identification capabilities.

All work shall be performed in a business-like manner and according to the best standards of the reporting profession. The Contractor shall at all times promptly provide as many competent reporters and maintain such staff and equipment as may be necessary for the prompt furnishing of satisfactory transcripts.

Exhibits for the U.S. Department of Defense, Civilian Personnel Management Service, Investigations and Resolution Division, Fact Finding Meetings will be marked for identification and shall remain in the custody of the Investigator. The investigator will furnish copies of the exhibits to the reporter.

The contractor may be required upon the request of the Government to make corrections, changes, and revisions, etc., to the transcript and its ordered copies.

Corrections of page(s) necessary because of errors by the reporter will be furnished at no additional charge to the Government.

Contractor is required to furnish the corrected transcript copy within two (2) working days after receipt of notification of inaccurate transcript delivery.

If testimony must be retaken as a result of mechanical breakdown, negligence or any cause subject to reasonable control by the contractor (including but not limited to the loss, destruction, loss of testimony and any other case where testimony is not recorded or retained), the contractor shall provide the services necessary to retake the testimony with no charge to the Government or any parties thereto.

If, after notice of proceeding, the contractor does not appear at the time and place specified for the proceeding, the Government may call in a substitute and the contractor shall reimburse the

Government for expenses over and above those which would have been incurred if the contractor had performed the work. The Government may deduct such expenses and other damages from any other sums due or that may become due the contractor.

Exact times for required court recording services will be coordinated with the Court Recording

Service by the authorized government representative.

Any travel cost or mileage fees must be included in the basic hourly rate and will not be paid as a separate item.

Authorized government representatives who can place orders for the Court Recording services are limited to the following individuals:

Payments will be made via the Government Purchase Card (GPC). In the event that court reporter transcript fees exceed $2,500.00, a call order will be issued and the vendor will submit invoices through WAWF for payment.

SERVICE PERFORMANCE 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 PWS Para Performance Threshold

Provide court reporting services for the Government in accordance with work statement and those mandatory directives.

Not to exceed two (2) validated

Customer Complaints per month.

APPLICABLE DOCUMENTS. Documents applicable to these work statements are listed below. The documents have been coded as advisory (A) or mandatory (M). The contractor shall follow those coded as mandatory but only to the extent specified in this work statement when a specified part of the document is referenced herein. Supplements or amendments to these mandatory publications may be issued during the life of the contract. Supplements and amendments to mandatory publications shall be considered to be in full force and effective immediately upon receipt by the Contractor.

AR 310-25 Dictionary of United States Army Terms (A).

Authorized Abbreviations and Brevity Codes (A).

Standards of Conduct for Department of Army Personnel (M).

DODD 5500.7-R Standards of Conduct (M).

SECURITY REQUIREMENTS:

Anti-Terrorism (AT) Level I Training. See DFARS 252.204-7004.

Access and General Protection/Security Policy and Procedures. The Contractor and employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation Provost Marshal Office, Director of Emergency

Services or Security Office. The contractor’s workforce must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor

Personnel) as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition

(FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

Contractors Requiring a Common Access Card (CAC). N/A

Contractors Not Requiring a CAC but Require Access to a DoD Facility or Installation.

Contractor employees shall comply with adjudication standards and procedures using the

National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist

Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by Government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations.

AT Awareness Training for Contractor Personnel Traveling Overseas. N/A iWATCH Training. The Contractor shall brief all employees on the local iWATCH program

(training standards provided by the requiring activity’s ATO). This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of the PSD and within 30 calendar days of new employees commencing performance with the results reported to the COR no later than (NLT) 15 calendar days after completion of training.

Access to Government Information Systems. N/A

Operations Security (OPSEC) Standing Operating Procedure (SOP)/Plan. N/A

OPSEC Training. Per AR 530-1, Operations Security, all contractor employees shall complete

Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees shall complete annual OPSEC awareness training. The contractor shall submit certificates of completion for each affected contractor employee to the COR within 15 calendar days after completion of training by all employees. This training is available at http://www.cdse.edu/catalog/elearning/GS130.html.

Information Assurance (IA)/Information Technology (IT) Certification. N/A http://www.cdse.edu/catalog/elearning/GS130.html

Threat Awareness Reporting Program (TARP). N/A

Technical Exhibit A

PRICE LIST FOR COURT REPORTING SERVICES

PRICE LIST FOR BASE PERIOD.

Description of Service Quantity* Unit Unit Price Total Amount

Court Reporter (minimum fee)

Appearance Fee 10 EA

Court Reporter (hourly) 175 EA

Page Rate 5,000 EA

Condensed Transcript 40 EA

E-transcript 40 EA

TOTAL =

PRICE LIST FOR ADDITIONAL PERIOD ONE (1)

Description of Service Quantity* Unit Unit Price Total Amount

Court Reporter (minimum fee) or Appearance Fee

10 EA

Court Reporter (hourly) 175 EA

Page Rate 5,000 EA

Condensed Transcript 40 EA

Computer CD E-transcript 40 EA

PRICE LIST FOR ADDITIONAL PERIOD TWO (2)

Court Reporter (minimum fee) or Appearance Fee

10 EA

Court Reporter (hourly) 175 EA

Page Rate 5,000 EA

Condensed Transcript 40 EA

PRICE LIST FOR ADDITIONAL PERIOD THREE (3)

Court Reporter (minimum fee) or Appearance Fee

10 EA

Court Reporter (hourly) 175 EA

Page Rate 5,000 EA

Condensed Transcript 40 EA

TOTAL

PRICE LIST FOR ADDITIONAL PERIOD FOUR (4)

Description of Service Quantity* Unit Unit

Price

Total Amount

Court Reporter (minimum fee) or Appearance Fee

10 EA

Court Reporter (hourly) 175 EA

Page Rate 5,000 EA

Condensed Transcript 40 EA

E-transcript 40 EA

TOTAL

* NOTE: All quantities are estimated.