draft PWS court reporter.docx

Performance Work Statement (PWS) For Court Reporting Services at Letterkenny Army Depot

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, quality control and other items and non-personal services necessary to perform court reporting services as defined in this PWS, except as specified in Paragraph 3.0 as Government Furnished. The contractor shall perform to the standards in this contract.

1.2 Background: Court reporting services are necessary for Investigations and Resolutions Division investigations and Equal Employment Opportunity Commission hearings conducted at Letterkenny Army Depot. Court reporters shall take verbatim transcripts of the investigation, prepare 4 copies and forward to the investigator within 10 calendar days after completion of the investigation.

1.3 Period of Performance (PoP): The Period of Performance shall be one Base Year of 12 months and 3 12-month option years. The Period of Performance is identified in the solicitation and award.

1.4 General Information:

1.4.1 Quality Control (QC): The contractor shall develop and maintain an effective QC program to ensure services are performed in accordance with this PWS. The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s QC program is the means by which it assures itself that its work complies with the requirements of the contract. As a minimum, the contractor shall develop QC procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary.

1.4.2 Quality Assurance (QA): The Government shall evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). 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 acceptable quality level(s) (defect rate(s)).

1.4.3 Recognized Holidays: The following are recognized US holidays. The contractor shall not perform services on these days:

1.4.3.1 New Year’s Day: January 1

1.4.3.2 Martin Luther King, Jr.’s Birthday: Third Monday in January

1.4.3.3 President’s Day: Third Monday in February

1.4.3.4 Memorial Day: Last Monday in May

1.4.3.5 Independence Day: July 4

1.4.3.6 Labor Day: First Monday in September

1.4.3.7 Columbus Day: Second Monday in October

1.4.3.8 Veteran’s Day: November 11

1.4.3.9 Thanksgiving Day: Fourth Thursday in November

1.4.3.10 Christmas Day: December 25

1.4.3.11 When an observed holiday falls on a Tuesday or Thursday, the Depot regularly schedules a closure on the corresponding Monday or Friday. If the holiday falls on Saturday, the preceding Friday will be observed. If the holiday falls on Sunday, the following Monday will be observed.

1.4.4 Place and Performance of Services: The contractor shall be available to provide services between the hours of 0800- 1730 Monday through Thursday and 0800-1530 on Friday on the first week of the Federal pay period, and 0800-1730 Monday through Thursday the second week of the Federal pay period (totaling 80 hours over two weeks) following LEAD’s Standard Work Scheduled 5/4/9, which gives the second Friday of the pay period as a Regular Day Off (RDO), except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. The 5/4/9 work schedule is subject to the Depot Commander’s policy. The contractor shall be required to adhere to the Government’s standard work schedule as Depot policy updates. Performance shall be at Letterkenny Army Depot, Building 10. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential. Comment by Keebaugh, Sarah: Since this is a schedule as we need type of set up I’m not sure we need the expanded 5/4/9 schedule information.

The Court Reporter shall be required to arrive 30 minutes in advance of the scheduled proceedings.

The Contractor shall provide one court reporter with as little as one business day notice.

1.4.5 Security Requirements: Contractor and all associated sub-contractor’s employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also 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. Contractor workforce shall comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5.1 Physical Security: The contractor shall safeguard all Government property provided for contractor use. At the close of each work period, Government facilities, equipment and materials shall be secured.

1.4.5.2 AT Level 1 Awareness Training: All contractor employees, to included subcontractor employees, requiring access to Army Installations, facilities, and controlled access areas shall complete AT Level 1 awareness training within 30 calendar days after contract start date and within 30 calendar days of new employees commencing performance. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. AT level 1 awareness training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.5.3. iWATCH Training: The contractor and all associated sub-contractors with an area of performance within an Army-controlled installation, facilities or area shall brief all employees on the local iWATCH program. This local 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 or contracting officer. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance. The contractor shall report completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. iWATCH training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.5.4. OPSEC Training: Per AR 530-1, Operations Security, new contractor employees and associated sub-contractor employees shall complete Level I OPSEC training within 30 calendar days of their reporting for duty and annually thereafter. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 15 calendar days after completion of training. Level 1 OPSEC training is available on the Letterkenny Army Depot homepage – www.lead.army.mil.

1.4.5 Conservation of Utilities: The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

1.4.6 Special Qualifications: N/A

1.4.7 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with Federal Acquisition Regulations Subpart 42.5. The KO, Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. Attendance is not limited to a physical meeting and may be conducted via telephone in lieu of a physical meeting. At these meetings, the Contacting Officer will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.8 Contract Manager (CM): The contactor shall provide a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract.

1.4.9 Identification of Contractor Employees: All contact personnel attending meetings, answering Government telephones 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. The contractor shall also ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed.

2.0 Definitions and Acronyms:

2.1.1 CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2 CONTRACTING OFFICER (KO). A person with authority to enter into, administer, and 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 designated by the KO to monitor contractor performance. 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 DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.5 DELIVERABLE. Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

2.1.6 KEY PERSONNEL. Contractor personnel that are evaluated in a source selection process and that may be required to be used in the performance of a contract by the Key Personnel listed in the PWS. When key personnel are used as an evaluation factor in best value procurement, an offer can be rejected if it does not have a firm commitment from the persons that are listed in the proposal.

2.1.7 PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.8 QUALITY ASSURANCE. The government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.9 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.10 QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.11 SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.12 WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.13 WORK WEEK. Monday through Friday, unless specified otherwise.

2.2 ACRONYMS:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the facilities, equipment, materials, and/or services listed below:

3.1 Facilities: The Government will furnish the necessary workspace for the contractor staff to provide the support outlined in this PWS to include desk space, telephones as needed.

3.2 Equipment: N/A

3.3 Materials: N/A

3.4 Services: N/A

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract.

4.0 Contractor Furnished Property, Materials, Equipment (CFP/M/E):

4.1 General: Except for those items specifically stated to be Government-Furnished in Paragraph 3.0, the contractor shall furnish everything required to perform these services as indicated in Paragraph 1.1.

5.0 Requirements: The contractor shall provide all personnel, equipment, supplies, management, supervision, transportation, software, hardware and supplies and services to perform the court reporting services at Letterkenny Army Depot as described below.

5.1 Contractor shall provide a court reporter (stenographer) for investigation and Resolutions Division investigations (IRD) and Equal Employment Opportunity Commission (EEOC) hearings. Court reporters shall take verbatim transcripts of the investigation and prepare 1 orginal transcript, provide one CD and forward to the investigator within 10 calendar days after completion of investigation. In addition the CourtReporter shall forward one CD and three copies of the transcript to the EEO office. Court Reporter services will be conducted between the hours of 0800- 1730 Monday through Thursday and 0800-1530 on Friday on the first week of the Federal pay period, and 0800-1730 Monday through Thursday the second week of the Federal pay period. Court Reportrer services shall comprise of all cost to conduct the services, too include badginge services ot enter the Depot, any training required in paragraph 1.4.5 (and their sub paragraphs, any postal fees and all other miscellaneous tasks needed to complete the service.

After obtaining sworn testimony, the Contractor shall provide a printed original legal transcript plus two printed copy and one digital searchable copy in pdf. format of the entire proceedings within 10 calendar days after completion of investigation.

5.1.2 Evening Appearance: Hearings that goes beyond the normal duty hours for court reporting (identified in papragraph 5.1) will be categorized as evening appearance.

5.2 Transcripts shall be printed on white bond paper with standard three-hold punch on the left side. Each individual transcript will contain as a minimum: cover page containing the Agency name and proceeding, name of the testifying individual, and the date and location of testimony; listing of exhibits; verbatim testimony; witness certificate; errata page; court reporter certificate; and word index. All transcripts shall be transcribed in Times New Roman, size 12 font. Verbatim cases shall be double spaced and shall be 23 lines per page.

5.3 Hearings normally last eight (8 hours) per day. In the event that a hearing does not require the full number of hours specified, the contractor shall invoice for and be compensated only for the actual number of hours of performance. Contractor personnel performing under this order shall be afforded a minimum of thirty (30) minutes and a maximum of sixty minutes lunch period.

5.4. Security Badging. Prior to reporting to work, the court reporter shall proceed to Building 2, Directorate of Law Enforcement, obtain a temporary ID badge. Temporary badge shall be properly displayed while working in the courtroom. Upon completion of the assignment, the court reporter shall return the badge to DRSK. Comment by Keebaugh, Sarah: Directorate of Emergency Services (DES) Comment by Keebaugh, Sarah: I’m not sure they can even do this at times….they may only be issued a paper access card which cannot be adhered to clothing. Comment by Keebaugh, Sarah: DES

5.5 Cancellation.

5.5.1 The government reserves the right to cancel services without cost to the government two business days prior to the beginning of any work.

5.5.2. In the event the government cancels work less than two business days prior to the beginning of the scheduled hearings but no less than one business day prior to the beginning of the scheduled hearings, the contractor shall be entitled to the Cancellation Fee. Comment by Keebaugh, Sarah: Does this portion mean basically any tiem between two days prior the night prior? Recommend removing the no less than one business day prior as that makes me question what I would be entitled to if the govt would cancel half a business day prior to the start.

5.5.3. In the event the scheduled hearing is cancelled due to inclement weather or other emergency conditions, contractor shall not be entitled to compensation. In the event of uncertainty as to operational status of LEAD, the contractor shall contact the LEAD Weather Hotline Number at 717-267-8109 or 717-267-8916.

5.6. Delays. In any instance where the contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance under this contract, the contractor shall immediately notify the COR. The Government reserves the right to hold the contractor fully accountable for problems incurred as a result of such delays, including denial of delivery time extensions, if such notification is not provided.

5.7 CONTRACTOR MANPOWER REPORTING (CMR): The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the Contractor shall report ALL Contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor shall completely fill in all the information in the format using the following web address https://Contractormanpower.army.pentagon.mil. The required information includes: (1) Contracting Office, KO, Contracting Officer’s Technical Representative (COTR) or also known as the Contracting Officer’s Representative (COR); (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor's name, address, phone number, e-mail address, identity of Contractor employee entering data; (5) Estimated direct labor hours (including sub-Contractors); (6) Estimated direct labor dollars paid this reporting period (including sub-Contractors); (7) Total payments (including sub-Contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by Contractor (and separate predominant FSC for each sub-Contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the Contractor with its UIC for the purposes of reporting this information); (11) Locations where Contractor and sub-Contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of Contractor and sub-Contractor employees deployed in theater this reporting period (by country). As part of its submission, the Contractor shall provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period shall be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a Contractor’s system to the secure website without the need for separate data entries for each required data element at the website. The specific formats for the XML direct transfer may be downloaded from the website. Comment by Keebaugh, Sarah: Update the address to https://armycmra.dmdc.osd.mil, tracking the template needs updated.

TECHNICAL EXHIBIT 1

Performance Requirements Summary

This Performance Requirements Summary includes performance standards. The Government will use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL).

PWS Paragraph

Task

Performance Standard

TECHNICAL EXHIBIT 2

Deliverables Schedule

TECHNICAL EXHIBIT 3

Estimated Workload Data

(This information is provided for historical background only. It is not a guarantee of workload quantities.)

30 (2018) 30 (2019) 30 (2020)