Court Reporter PWS DRAFT.pdf

PERFORMANCE WORK STATEMENT

COURT REPORTER SERVICES

1.0 OBJECTIVE

Provide Eastern Area Counsel Office (EACO) at Marine Corps Base (MCB), Camp Lejeune with Court Reporter services. The Contractor shall provide this service capability directly for the Eastern Area Counsel Office at Marine Corps Base Camp Lejeune.

North Carolina; Marine Corps Air Station New River, North Carolina; Marine Corps Air Station Cherry Point, North Carolina; and Parris Island Marine Corps Recruit Depot, South Carolina; Marine Corps Air Station Beaufort, South Carolina. The general capability to provide the government with Court Reporter Services on-site.

2.0 BACKGROUND

As an area office of the Counsel for the Commandant, the Eastern Area Counsel Office and each of its installation command counsel offices enable eastern area Marine Corps commands to fulfill their missions by providing timely and candid legal advice and counsel in the areas of acquisition, business and commercial law, real and personal property law, intellectual property law, fiscal law, civilian personnel and labor law, environmental law, standards of conduct and ethics, intelligence law, and such other legal services as may be required.

2.1 The government to establish a non-personal performance-based service contract for the Eastern Area Counsel Office.

2.2 Invoices received from the Contractor shall provide the unique Purchase Order Number that will be given for each requirement issued under this contract. Payment of invoices are made in arrears, upon certification of invoice. Invoices shall be submitted in accordance with the invoice clauses. Ensure the obligation # and a company invoice # is included on the invoice.

2.2.1 Prices shall include all recordings, transcribing and furnishing of copies of proceedings delivered to a destination by the Technical Point of Contact.

2.3 A single court reporter session is defined as a 4-hour session. The best-known estimates for the total number of court reporter sessions are between 15 to 20 sessions performed per year or 60 to 80 hours per year. The best-known estimates for court reporter pages are 500 pages per session; or 2,500 to 3,500 pages per year.

NOTE: The estimated quantities are based on annual historic data based on prior year needs. Actual quantities may be more or less of the estimated amounts.

3.0 SCOPE

3.1 The Contractor shall provide services performed, to include, recording, transcribing, and furnishing typed transcriptions of conferences, courtroom and/or local legal proceedings, depositions, advisory board and committee meetings, personal grievance and appeal hearings and other administrative hearings.

3.2 The Contractor shall continuously monitor equipment, such as stenotype machine, steno mask, tape recording devices, or any combination of the above, and ensure proper operation.

3.3 The Contractor shall report everything spoken during a session and incorporate into the transcript unless the presiding officer otherwise directs. This shall include a record of appearances, with the names and identification of parties who testify or speak at the proceedings or who request the entering of their appearances, together with such other matters as may be directed by the presiding materials used in performance of work, the presiding officer shall grant such as request and order a recess for a reasonable time. No part of the proceedings shall be omitted from the record unless the presiding officer so directs. A full complete verbatim record shall be made and transcribed.

3.4 The Contractor shall furnish complete transcripts which accurately reflect the full and complete verbatim record of the hearing. If electronic sound recording devices are used, they must be of such a quality as to ensure against error, misinterpretation, or loss of voice. Equipment must be operator monitored and include simultaneous playback, listening, pre-amplification and speaker identification facilities.

3.5 The Contractor shall be responsible for personal supplies, equipment, materials, or belongings, such as repair tools and equipment, diagnostic software, etc., brought into the buildings or on the grounds to perform services. The government will not be responsible for the contractor’s supplies, equipment, materials, or belongings brought into the buildings or on the grounds to perform services. This includes losses and damages caused by fire, theft, tornado, hurricane, accident, or other disaster.

3.6 The Contractor shall provide all personnel, management, internal communications, administration, and transportation for this requirement. Any of these items to include transportation deemed necessary for maintenance and not provided to the Contractor by the Government shall be provided by the Contractor.

3.7 The Contractor shall hold inviolate and in the strictest confidence all information of an official character which he may gain in the performance of his duties. The contractor, its agents, or employees, shall not, during this contract with the Government, hold any position or official relationship with, own any stocks or bonds of, or have any peculiar interest in any participants of the proceedings. Depositions shall be taken by the duly authorized notary and no separate fee is to be charge for notary service, administering oath or affixing seal.

3.8 The Contractor shall follow the instructions of the Government Technical Representative regarding court reporting services to be provided during any scheduled appearance.

3.9 The Contractor shall report, when required by the Technical Point of Contact, for each case, or each day’s proceedings in a given case, a progress report mailed the same day, postage paid to the office designated by the Technical Point of Contact. If a case has been assigned for a proceeding and is called but not heard at the time and place indicated in the notice of assignment, a record shall nevertheless be written up with a title page, list of appearances, a memorandum of the date, hour, and place at which the proceedings was called and a statement showing what action was taken and why the proceeding was not held.

3.10 The Contractor shall provide only qualified certified Court Reporters to perform these services. Only one Court Reporter shall be assigned to each administrative process from its beginning to end. If an unforeseen emergency should occur that would require absence of the assigned Court Report, the proposed substitute shall have comparable qualifications to those of the person being replaced. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer (KO).

3.11 The contractor shall maintain for a least sixty (60) days from the date that transcript was taken for all notes, transcripts, records, and any other material, that shall be the property of the contractor, which is a part of or related to, any action recorded. After such sixty (60) day period has lapsed, the contractor may dispose of transcripts at the contractor’s own discretion.

4.0 PLACE OF PERFORMANCE, HOURS OF OPERATION, AND PERIOD OF PERFORMANCE

4.1 Place Of Performance

Most services will be provided at Eastern Area Counsel Office in a conference room setting. On occasion, it may be necessary for court reporter services to be held at another location as determined by the government. Eastern Area Council Office areas of responsibility spans the city of Jacksonville, Cherry Point, New River, Parris Island, Beaufort or other cities in the low country, South Carolina; and by other electronic means (i.e., MS Teams or other VTC platforms as directed). The location for services to be performed will be communicated by the Technical Point of Contact.

4.2 Hours of Operation

Work Schedule: The court reporter shall be prepared to begin performance of duties at 8:00 am on each day of scheduled performance and shall continue to provide court reporting services until the presiding officer closes the proceeding for the day. The normal work week is typically from Monday through Friday. The contractor shall obtain and remunerate a substitute whenever unable to perform the services. The substitute must be qualified to perform the services and must adhere to the terms and conditions of the contract.

Holidays: For purposes of scheduling work the Contractor is advised that access to the Government installation may be restricted on Federal holidays:

The following are observed federal holidays:

(a) New Year’s Day 1 January

(b) Martin Luther King Day Third Monday in January

(c) Presidents Day Third Monday in February

(d) Memorial Day Last Monday in May

(e) Juneteenth Day 19 June

(f) Independence Day 4 July

(g) Labor Day First Monday in September

(h) Columbus Day Second Monday in October

(i) Veterans Day 11 November

(j) Thanksgiving Day Fourth Thursday in November

(k) Christmas Day 25 December

* Note: If the holiday falls on a Saturday, it will be observed on the preceding Friday. If the holiday falls on a Sunday, it will be observed on the following Monday.

Unauthorized Work Performance: The Contractor shall not perform work that deviates from contract requirements and specifications.

If the Contract deviated from contract requirements and specifications without approval from the CONTRACTING OFFICER, such deviation shall be at the risk and expense of the Contractor and any cost related thereto shall be borne by the Contractor.

Absences: The Contractor shall obtain and remunerate a substitute whenever he/she is unable to perform the services. The substitute must be qualified to perform the services and must adhere to the terms and conditions of the contract.

Order Cancellation: In cases when a proceeding has to be cancelled, the contractor shall be notified by the Government at least one day prior to the scheduled appearance. Should the Government fail to provide this notice; the contractor shall be paid for one four-hour session.

4.3 Period of Performance

The resultant contract will include a Base Period of 12 months and four (4) 12-month option periods to be exercised at the Government's discretion.

Base Period: 1 May 2024 through 30 April 2025 Option Year 1: 1 May 2025 through 30 April 2026 Option Year 2: 1 May 2027 through 30 April 2028 Option Year 3: 1 May 2028 through 30 April 2029 Option Year 4: 1 May 2029 through 30 April 2030

5.0 DELIVERABLES

The Government estimates no more than 1 qualified personnel may be required for court reporter services:

a. One (1) Court Reporter

The Contractor shall analyze the Government’s requirement and determine the actual number of contracted personnel and positions to perform these services.

5.1 Performance Requirements

5.1.1 Personnel shall provide dictation, recorded by stenotype machine, steno mask, 100% shorthand, tape recording devices or any combination of the above. When dictation is recorded by tape recording devices, equipment must be of such quality as to ensure against error, misinterpretation, or loss of voice.

5.1.1.1 Personnel shall provide audio transcripts upon request.

5.1.2 Personnel shall provide original transcript on white paper and be clearly legible. Additional copies may be made from originals that are clearly legible.

5.1.3 Personnel shall provide an original, two (2) copies, and a condensed version of the transcript; 1. A title page showing the name, docket number (if applicable), place and date of the proceedings; 2. A complete index of speakers and/or witnesses; and 3. A word index. The word index shall include speakers and/or witnesses and identify the exhibits by numbers showing which party introduced them and giving a brief description of the nature of the exhibit.

5.1.4 Personnel shall include an audio transcript upon request.

5.1.5 Personnel shall provide transcriptions using the following standards for each transcript:

1. No fewer than 25 typed lines on standard 9-1/2 x 11 paper,

2. 12 Pitch, Courier Times Roman, or New Roman,

3. Left-hand margin to be set at no more than 1-3/4 inches,

4. Right-hand margin to be set no more than 3/8 inches

5. Each question and answer to begin on a separate line,

6. Each question and answer placement shall not to exceed five spaces from the left-hand margin and five spaces from the Q&A to the text,

7. Carry-over Q&A lines to begin no more than 10 spaces from the left-hand margin,

8. Colloquy material to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 10 spaces from the left-hand margin.

9. Quoted material to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 10 spaces from the left-hand margin.

10. Parentheticals and exhibit markings to begin no more than 15 spaces from the left-hand margin, with carry-over lines to begin no more than 15 spaces from the left-hand margin.

5.1.6 Personnel shall report everything spoken during a session to be incorporated into the transcript unless the presiding officer otherwise directs. This shall include a record of appearances with the names and identification of parties who testify or speak at the proceedings, or who request the entering of their appearances, together with such other matters as may be directed by the presiding materials used in performance of work. The presiding officer shall grant such a request and order a recess for a reasonable time. No part of the proceedings shall be omitted from the record unless the presiding officer so directs. A full complete verbatim record shall be made and transcribed.

5.1.7 Personnel shall, when error’s attributable to the contractor’s performance, appear in the transcript (i.e., those which change or obscure the meaning of the testimony but not including typographical errors or misspelling if the extended meaning is clearly evident, such as “their” for “there”) in an excess of one (1) error per 100 words of transcripts, the Technical Point of Contact may demand and the contractor shall correct the errors and furnish corrected transcripts within five (5) calendar days after receipt of notification, and without additional cost to the government for same, regardless of the delivery time the original order specified.

5.1.8 Unless the contractor is otherwise directed by the Technical Point of Contact, all transcripts ordered shall be delivered to the office designated by the Technical Point of Contact during regular business hours, with postage or other transportation charges fully prepaid by the contractor. Transcripts shall be delivered within 14 calendar days of the final session of any deposition or fact-finding conference, and within 21 calendar days of the final session of any Equal Employment Opportunity Commission hear.

5.2 Recommended Skill and Experience

5.2.1 Court Reporter Service: Recommended Court Reporter Peculiar Skill and Experience Summary:

a. Skill: The following is recommended for a Court Reporter

1. Possess a well-rounded technical background as evidenced by experience, qualifications, and certifications.

2. Demonstrate fully developed skills and experience related to technical fields under their cognizance.

3. Demonstrate the ability to work independently with little or no supervision.

4. Demonstrate the ability to research, read, and interpret technical manuals, and directives.

5. Demonstrate the ability to write with clarity and technical accuracy.

6. Promote stability and excellence in performance.

7. Have the ability to work with military and Government employees.

8. Have the ability to handle multiple tasks, changing priorities in a timely manner.

9. Demonstrate strong verbal and written communication skills necessary to make presentations to senior personnel.

b. Experience: The following experience is recommended for a Court Reporter

1. Court Reporters shall have a least one-year experience in court reporting and have the necessary training and education required in Court Reporting along with adequate and appropriate court reporting equipment to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in the processes.

2. The Court Reporter shall hold the certification as a National Court Reports Association

(NCRA) Registered Professional Reporter (RPR), or equivalent (determination of equivalency at the discretion of EACO or KO).

6.0 PERFORMANCE REQUIREMENTS SUMMARY

PERFORMANCE

OBJECTIVE

PERFORMANCE

REQUIREMENTS

ACCEPTABLE

QUALITY

LEVEL (AQL)

SURVEILLANCE

METHOD /

FREQUENCY

INSPECTOR

INCENTIVE

The contractor shall provide court reporter transcription services.

In accordance with

PWS

90%

- Timeliness

-Quality -Accuracy

Random Sampling after each transcription is received.

Technical Point of Contact

Exercise Option

The contractor must meet the above stated Acceptable Quality Level (AQL). The Contractor must provide corrective actions to each deficiency. If the Contractor does not meet the AQL, the Technical Point of Contact will notify the Contracting Officer.

7.0 GOVERNMENT OWNED PROPERTY

The Government will provide the facilities, information, equipment, and materials as listed in this section. The Government will maintain ownership of all property.

7.1 Government-Owned Equipment

7.1.1 Office Equipment: The Government will provide desks and chairs within office space. Phone lines will be provided for local, long distance and Defense Switching Network (DSN) calls only. The Contractor is responsible for maintaining all Government-furnished office equipment.

7.1.2 Other Government-Owned Equipment: A list of other Government-owned equipment that will be provided to the Contractor for use while providing services under this contract will be available upon award.

7.2 Facilities OSHA Compliance

Government facilities have been inspected for compliance with the Occupational Safety and Health Act (OSHA). No hazards have been identified. Should a hazard be subsequently identified, the Government corrects OSHA hazards according to base-wide Government developed and approved plans of abatement taking into account safety and health priorities. A higher priority for correction will not be assigned to the facilities provided hereunder merely because of this contracting initiative. The fact that no such conditions have been identified does not warrant or guarantee that no possible hazard exists. The facilities as furnished will be adequate to meet the responsibilities of the Contractor. Compliance with OSHA and other applicable laws and regulations for the protection of employees is exclusively the obligation of the Contractor. Further, the Government will assume no liability or responsibility for the Contractor's compliance or noncompliance with such requirements, with the exception of the aforementioned requirement to make corrections according to approved plans of abatement subject to base-wide priorities.

7.3 Facilities Modifications

Before any modification of the facilities, performed by the Contractor at its own expense, the Contractor must furnish the Contracting Officer documentation describing, in detail, the modification requested. No alterations to the facilities shall be made without the specific written permission from the Contracting Officer. In the case of alterations necessary for compliance with OSHA, such permission shall not be unreasonably withheld. The Contractor shall return the facilities to the Government in the same condition as received, fair wear and tear and approved modifications excepted.

7.4 Facilities Restrictions

These facilities shall only be used in performance of this contract.

7.5 Facilities Maintenance

The Contractor is responsible for keeping the facilities occupied and surrounding areas in a clean and orderly condition.

7.6 Facilities Vacate

All Contractor's property, equipment, and supplies shall be removed within 48 hours of contract expiration or termination.

8.0 SPECIAL ADMINISTRATIVE INFORMATION AND SERVICES

8.1 Drug Detection Procedures

Pursuant to Marine Corps policy applicable to both Government and Contractor personnel, measures will be taken to prevent the introduction and utilization of illegal drugs and related paraphernalia into Government work areas.

In furtherance of the Marine Corps' drug control program, unannounced periodic inspections of the following nature may be conducted by installation security authorities:

a. Routine inspection of Contractor occupied workspaces.

b. Random inspections of vehicles on entry or exit, with drug detections dog teams as available, to eliminate them as a safe haven for storage of or trafficking in illegal drugs.

c. Random inspection of personnel possessions on entry or exit from the installation.

When there is probable cause to believe that a Contractor employee onboard a Marine Corps installation has been engaged in use, possession, or trafficking of drugs, the installation authorities may detain the employee until the employee can be removed from the installation, or can be released to the local authorities having jurisdiction.

Trafficking illegal drug and drug paraphernalia by Contractor employees while on a military vessel/installation may lead to possible withdrawal or downgrading of security clearance, and/or referral for prosecution by appropriate law enforcement authorities.

The Contractor is responsible for the conduct of employees performing work under this contract and is, therefore, responsible to assure that employees are notified of these provisions prior to assignment.

The removal of Contractor personnel from a Government vessel or installation as a result of the drug offenses shall not be cause for excusable delay, nor shall such action be deemed a basis for an equitable adjustment to price, delivery or other provision of this contract.

8.2 Police and Fire Protection

The following telephone numbers are provided to the Contractor in the event of an emergency:

Emergency and Fire 911

8.3 Security Forms

The Government will provide the sponsorship form to the Contractor to apply for base flight line access. The Government will assist the Contractor with acquiring any personnel passes, identification cards and vehicle permits needed in the performance of this contract. See Section 13.2 for Documentation Required

8.4 Facility Map

A map of the facility and work area will be provided to the Contractor upon award.

8.5 Privacy Act

Work under the task order may require that personnel and technicians have access to Privacy Act Information when performing tasks requiring maintenance of system records, including the collection, use, and dissemination of records or data. Such performance will be subject to the clause FAR 52.224-1, Privacy Act Notification and FAR 52.224-2, Privacy Act.

8.6 Non-Personal Services Statement

The Government will not control, direct, or supervise contractor employees during the performance of this contract. Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the Contractor. Contractor management will ensure that employees comply with the performance work standards outlined in the Statement of Work. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any Contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in the Federal Acquisition Regulation (FAR), under FAR part 7.5 and FAR part 37.1. The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

9.0 CONTRACTOR PROVIDED INFORMATION

The Contractor shall provide all personal protective equipment (PPE) and uniforms for employees. The Contractor shall provide any transportation necessary for movement between legal offices within Easter Area Council Office area of responsibility. The Contractor shall provide fuel, maintenance, and upkeep of all Contractor vehicle(s) so that Contractor personnel can transport themselves safely to and from all work locations. The Contractor shall ensure that quality service is maintained to perform these services throughout the life of the contract and that these methods for improving the overall quality are also employed. At a minimum the Contractor shall develop a Quality Control Plan, work with all monitoring programs established by the Government, and conduct internal reviews of program performance.

10.0 QUALITY CONTROL PLAN

10.1 Internal Review

A description of the internal review process including who shall perform the review; the frequency; the method, and a listing of the service under review. The Contractor shall accomplish all work with adequate internal controls and review procedures, which shall be put in place by the Contractor to eliminate conflicts, errors, and omissions, and ensure technical accuracy.

10.2 Compliance

The Contactor shall comply with all requirements of the statement of work and documents attached or referenced.

10.3 Approach and Procedures

To communicate with the Government, handling corrective action without dependence upon Government direction; and identifying and implementing potential improvements to the program service and capabilities.

10.4 Inspection

Quality control inspection system covering all contract services. It must specify areas to be inspected on both a scheduled or unscheduled basis and the frequency of the inspections. It must specify how inspections are to be conducted, e.g., random, visual, customer complaint, etc. The Contractor shall perform inspections, maintain quality control, and provide the Technical Point of Contact with paper copies upon completion.

10.5 Personnel Qualification

The name(s) and qualification of the individual(s) tasked to perform quality control inspections and the extent of their authority.

10.6 Deficiencies

A method of identifying and reporting deficiencies in the quality of services performed and taking corrective action before the level of performance becomes unsatisfactory.

11.0 QUALITY ASSURANCE MONITORING

11.1 The Government will evaluate the Contractor's performance each time service is performed by appointed personnel, known as Technical Point of Contact, to monitor performance to ensure services are received. The Technical Point of

Contact will also evaluate the Contractor's performance through scheduled on-site inspections of the Contractor's quality control program. The Technical Point of Contact may inspect each task as scheduled or increase the number of quality control inspections if deemed appropriate because of repeated failures discovered during quality control inspections.

Likewise, the Government may decrease the number of quality control inspections if merited by performance. The Government will periodically inspect the environmental condition of selected buildings to ensure compliance with regulatory standards.

11.2 The Contractor shall conduct internal reviews of program performance by using the approach and benchmarks delineated in the QCP. The Contractor shall provide the results of these evaluations to the Government quarterly. The Government will be responsible to perform periodic Quality Assurance inspections on work accomplished by any technician.

11.3 A file of all quality control inspections, and any corrective actions required shall be maintained by the Contractor and made available to the Government when requested.

12.0 Technical Point of Contact

Eastern Area Council Office Technical Point of Contact:

Will be provided at time of award.

13.0 BASE ACCESS

Contractors, and/or delivery drivers, must have in their possession: the contract number, delivery/service address, and sponsor’s contact information in order to gain initial access to the base.

(The sponsor for this requirement will be provided at the time of award.)

Sponsor:

Phone Number:

Email:

13.1 Contractors

Contractors must be registered in the Defense Biometrics Identification System (DBIDS). It is the Contractors responsibility to ensure all their employees and/or subcontractors are properly registered within DBIDS.

13.2 DBIDS

13.2.1 DBIDS credentials will be valid for the duration of your contract, not to exceed three years; however, re-vetting of individuals' information will occur each year.

16.2.2 Contractors requiring access for over 60 days will receive a credential valid for up to one year.

16.2.3 Contractors requiring access for less than 60 days will receive a temporary paper pass.

16.2.4 Contractor Common Access Card (CAC) Eligibility: Contractor personnel authorized CACs are exempt from DBIDS enrollment.

16.2.5 If you have questions regarding base access, Contractor CACs, or DBIDS requirements, contact the

Contractor Vetting Office (CVO). The CVO is located in Bldg. 818 adjacent to the Camp Lejeune Main Gate on Holcomb Blvd, just off NC Highway 24. The CVO is open Monday through Friday from 6 a.m. to 2 p.m. and closed on weekends and holidays.

16.2.6 Contractors will report to the Contractor Vetting Office (CVO) to confirm their access requirements, undergo a background check and receive their credential/pass.

Contractor Vetting Office - Appointments: 910-451-5977 Contractor Vetting Office - Questions: 910-451-0284/0289 Vetting Office Email: lejeunecontractorvetting@usmc.mil

DBIDS email: https://dbids-global-enroll.dmdc.mil/preenrollui/#!/ mailto:lejeunecontractorvetting@usmc.mil https://dbids-global-enroll.dmdc.mil/preenrollui/#!/

PLEASE NOTE: Individuals with active warrants may be subject to arrest on the spot.

**The Government will not be responsible for any contractor access delays. Delays that may result from inadequate planning are strictly the responsibility of the Contractor.**