PWS and Price Schedule CART services 5.4.23.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

DLA DISPOSITION SERVICES

COMMUNICATION ACCESS REALTIME TRANSLATION (CART)

CAPTIONING SERVICE

BATTLE CREEK, MI

Version 5.4.23

TABLE OF CONTENTS

1. INTRODUCTION

2. SCOPE OF WORK

3. QUALIFICATIONS

4. CALL ORDERS

5. ASSIGNMENT(S)

6. PUNCTUALITY

7. DELIVERABLES/REPORTS

8. CANCELLATIONS

9. SUBCONTRACTING

10. HOLD HARMLESS

11. NO-FAULT CLAUSE

12. FEDERAL HOLIDAYS

13. BASE ACCESS, SAFETY AND SECURITY

14. QUALITY ASSURANCE (QA)

15. ACCEPTABLE PERFORMANCE LEVELS (APLs)

16. DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS)

17. SPILL RESPONSIBILITY

18. POINT(S) OF CONTACT

19. INVOICING INFORMATION

Price Schedule Base Period 12 Months

1st Option Period – 12 Months

2nd Option Period – 12 Months

3rd Option Period – 12 Months

4th Option Period – 12 Months

1. INTRODUCTION:

Defense Logistics Agency Disposition Services (DLA DS) is a Major Subordinate Command (MSC) of the Defense Logistics Agency (DLA) with the responsibility of disposing and reutilizing the United States Government’s (USG) Department of Defense (DoD) excess and surplus property generated by the military services. This is accomplished through reutilization to other DoD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the general public, or ultimate disposal through abandonment or destruction. The headquarters for DLA DS is in Battle Creek, Michigan.

2. SCOPE OF WORK:

a. DLA DS and the Defense Logistics Agency Logistics Information Service (DLA LIS), and other Tenants of the Hart-Dole-Inouye (HDI) Federal Center require contractor support on an as needed basis to provide Communication Access Realtime Translation (CART) or Captioning Services for Deaf and Hard of Hearing employees located at the Hart-Dole-Inouye (HDI) Federal Center; 74 North Washington Avenue, Battle Creek, MI 49037. DLA DS will also require support of field sites on occasion.

b. The contractor will provide CART Service writer(s) for each assignment(s). Such services are also referred to as real-time captioning or live-event captioning which transcribes the audio portion or spoken word into readable English text using a stenotype machine, CART/Captioning software, and a laptop. Captions appear on a computer monitor or other displays which provide a complete translation of all spoken words and environmental sounds for the benefit of an individual consumer or larger group in a variety of settings, anywhere communication access is needed.

3. QUALIFICATIONS:

a. The contractor shall provide CART Service writer(s) possessing the knowledge, skill, and ability to produce complete, accurate, simultaneous translation and display of any live-event setting, utilizing computer-aided translation at a speed of 225 + words per minute with an accuracy of 98% or better.

b. As is the normal business practice, the writer(s) shall provide their own equipment (stenotype machine, real time software, and laptop) during assignment(s).

c. The writer(s) shall have either of these certifications from the National Court Reporters Association (NCRC): the basic Registered Professional Reporter (RPR) the Certified CART Provider (CCP); the Certified Realtime Reporter (CRR); the Certified Broadcast Captioner.

4. CALL ORDERS:

a. The Contracting Officer (KO) may issue funded purchase orders for extended periods of time that the Government may place call orders orally or in writing. Only the EEO POC, the KO and the COR may authorize work under these orders. Any call order issued by the EEO POC must also be copied to the KO and/or COR. At the beginning of the contract, and as needed, the contractor will appoint a designee(s) from their office who is responsible to receive the issued order(s) and will notify the EEO POC, the KO, and the COR of this information. The contractor may bill against the funded purchase order as work is performed throughout the contract period. Under these types of purchase orders, the contractor will perform work when specifically requested by the KO or COR.

b. When oral call orders are placed against the funded purchase order, an estimated dollar value will be established between the parties making the call order. The contractor shall not exceed the call order cost without prior notification to and approval of the COR or KO. In no case, may the total cost exceed the funded purchase order without prior notification to and approval of the KO. After performance of the call order, the contractor shall submit an invoice against the purchase order. The amount of funds available under the funded purchase order will decrease by the amount spent on the call order.

c. The notification shall include a current copy of the writer’s certification listed in 3.c. above.

5. ASSIGNMENTS:

a. The contractor shall provide writer(s) for an assignment as issued by call order for meetings scheduled between 7:30 a.m. and 5:00 p.m., Monday through Friday, except for Federal holidays. Within 24 hours of receiving a call order, the contractor shall acknowledge receipt of the call order to the COR and the EEO Disability Program POC. The contractor shall notify the COR and the EEO Disability Program POC with confirmation of the name of the assigned writer within these time frames prior to the day of the scheduled start time:

Time call order issued prior to assignment Notification deadline 4 weeks or more 10 days prior to assignment 2-4 weeks 5 days prior to assignment 5 days 24 hours prior to assignment 2-4 days 12 hours prior to assignment 3-24 hours 1 hour

A call order must be issued no less than 3 hours prior to scheduled start time.

b. A call order is a request for services and considered accepted when the contractor provides email or telephone/verbal acknowledgement of receiving the request to the COR.

c. Paid time begins for the assignment when the writer(s) arrive on-site or 15 minutes prior to the assigned time, and paid time ends when the on-site performance ends.

d. There is a 2-hour minimum charge for each call order.

e. Call orders may include multiple assignments for the same day. Assignments that fall within the initial 2-hour window will not be billed individually unless given written permission by the COR. There may be cases where this is justified due to the complexity of the assignment and multiple readers are required. However, these same day multiple assignments are generally calculated as one assignment.

f. For assignment(s) up to 8 hours, the writer(s) and contact person for the assignment(s) shall determine when to take as-needed breaks. Each break is between 10 to 15 minutes in length. For any assignment(s) up to 6 to 8 hours in duration and lunch breaks are offered during the assignment(s) to Deaf and/or Hard of Hearing employee(s), the same time for lunch breaks apply to the writer(s) and shall be included within the 6-to-8-hour assignment(s) as paid time.

g. The contractor shall provide the COR contacts authorized to accept call orders on the contractor’s behalf. The contractor shall provide a 24-hour on-call phone number to schedule services.

h. The contractor shall ensure that all writers adhere to their credentialing organizations Code of Professional Conduct for all accepted assignments. Any contractor whose professional conduct is questionable, warrants an immediate review at the discretion of the Contracting Officer or the COR. As warranted, on a case-by-case basis, the contractor employee may be required to execute a non-disclosure agreement.

i. The contractor shall be well groomed and dressed in an appropriate manner with an emphasis on casual business attire.

j. It is understood that the writer(s) will not act as an agent or employee of the Federal Government, or any of its sub-agencies.

k. The contractor and/or the writer(s) shall not discuss personal businesses, distribute personal business cards or promote other agencies or personal “cause” while on assignment.

l. All information obtained while on assignment will be kept strictly confidential and shall not be used or disclosed to others after completed assignment. There may be situations where the COR asks the contractor(s) to sign non-disclosure agreements.

m. Any professional conduct in question warrants an immediate review at the discretion of the COR, the EEO Office Manager, the Disability POC, and the CO.

n. The COR will provide orientation to the writer(s) regarding the Federal Government’s rules of protocol, ethics, procedures and professionalism while on assignment(s). This one-time informal training will be required for all interpreters before performing services on this contract.

o. The government will provide an escort from the designated entrance to the assignment. Sign language interpreter(s) shall report to the authorized government point of contact at each assignment(s) for any situational information and should remain at the assignment(s) for the indicated time. This includes all assignment(s) regardless of length.

p. Any follow-up assignment shall be discussed on-site between the EEO Disability Program POC, the COR, the Contractor, and its writer(s). The writer(s) may accept the assignment(s) only with approval from the EEO Disability Program POC and the Contractor. The Contractor shall inform the EEO Disability Program POC the availability arrangement(s) of its writer(s) in order to confirm scheduling for follow-up assignment(s). The Contractor shall then invoice for the total time worked, including the 2-hour minimum initial assignment, and in 15-minute increments after the 2- hour minimum.

q. For all assignment(s) regardless of length, the Contractor’s writer(s) should stay on assignment(s) for the time identified in the call order unless dismissed. If dismissed early, the Contractor may invoice the 2-hour minimum rate plus mobilization fee.

r. For assignment(s) over the contracted time, writer(s) shall be paid the contract hourly rate, with the time to be agreed upon with the Contractor, the EEO Disability Program POC, and the COR. The Contractor shall invoice for the total time worked, including the 2-hour minimum initial assignment, and in 15-minute increments after the 2-hour minimum.

6. PUNCTUALITY:

a. Contractor’s writer(s) shall arrive no later than 30 minutes before the actual time of the assignment. Tardiness or missed assignments shall not be tolerated except for true emergencies. The contractor shall notify the COR if this occurs. If the writer(s) arrives 10 or more minutes late for an assignment, the COR shall determine if services are still needed. If it is determined that services are needed, the government may take a deduction from the agreed upon rate commensurate of when the sign language interpreter(s) arrived to the servicing site in 15 minute increments. If it is determined that service is no longer needed, this will be recorded as a missed call order and the contractor shall not charge for service or mileage to the missed order.

b. Contractor’s writer(s) shall connect 15 minutes ahead of scheduled assignment time Virtual “Stream Text” translations to ensure connectivity.

c. The government retains the right to discontinue the services of any writer(s) if they are habitually late or miss assignments.

d. Unless a message is received from an authorized person on-site indicating the DLA DS/DLA LIS HDIFC employee(s) cannot appear, the Contractor’s writer(s) shall remain on-site at least one-half hour from the time the assignment(s) is scheduled. If the DLA DS/DLA LIS HDIFC employee(s) fails to appear, The Contractor may invoice for the 2-hour minimum rate plus mobilization fee.

7. DELIVERABLES/REPORTS:

a. The Contractor and its writer(s) are responsible for all errors and omissions. The Contractor and its writers shall provide a complete transcription of the service rendered within 48 hours of when the service was conducted. All transcriptions must be free of errors and omissions. Completion of such transcriptions requires timestamps for broadcasts that allow captions to appear below the video screen. Upon request, the specific format of time stamped transcriptions is Word.doc or ASCII text file and electronically mailed (email) with password protection.

b. The EEO Disability Program POC and the Contractor shall document all assignments using the format below:

1. The date and time of appointment

2. The length of the appointment

3. Address and phone number of appointment site

4. Name of parties involved

5. Name of contact person

6. The type of requirement (training, staff meeting, etc.)

7. If assignment was cancelled within 24 hours

8. Notes and pertinent information

8. CANCELLATIONS:

a. The Contractor and its writer(s) shall keep assignments. Canceled assignments are not tolerated except for true emergencies. If the scheduled writer(s) cancels an assignment, the Contractor shall provide a substitute writer(s) and notify the EEO Disability Program POC within 24-hours. If the Contractor is not able to provide a writer(s), the Contractor shall inform the COR and EEO Disability Program POC.

b. If a previously scheduled assignment is canceled by the DLA DS/DLA LIS HDI Federal Center, the EEO Disability Program POC shall provide a 16-hour notice to the Contractor and no invoice for payment shall be submitted. If a cancellation(s) from the DLA DS/DLA LIS HDI Federal Center is less than the 16-hour time frame, then the Contractor may submit an invoice for a 2-hour minimum labor charge as listed in the bid schedule. Mobilization fee may be invoiced only if the Contractor’s writer(s) traveled for the assignment(s). Mobilization fee may not be invoiced if the writer(s) did not travel to the assignment(s).

9. SUBCONTRACTING:

a. If a writer(s) is not available, the contractor shall notify the COR of the situation as soon as possible. This does not relieve the contractor of the responsibility to provide the personnel necessary to perform the needed service(s).

b. It is allowable to subcontract with another writer(s) or agency for a certified writer(s). The current contractor shall take care of billing directly with the subcontracting agency. The Federal Government, the DLA DS and their Activity Field Sites, DLA LIS, or DS- FB are not responsible for third party billing and shall only deal directly with the current contractor.

10. HOLD HARMLESS CLAUSE:

a. Whereas the DLA DS and their Activity Field Sites, DLALIS, or other HDIFC tenants acquire services, and whereas the contract agency agrees to provide services for the DLA DS and their Activity Field Sites, DLALIS, or other HDIFC tenants, all parties stated above agree to protect and hold harmless the other, from any and all liability claims resulting from injury or property loss related to performance under contract stipulations unless such injury or loss is caused by the sole negligence or actions of any of the parties listed above, their employees, officers, and agents.

b. If such liability is caused by negligence; combined with the negligence of any or all parties involved, the concerned parties agree that liability will be apportioned as determined by the DLA DS Contracting Officer, the EEO Office Manager, the EEO Disability Program POC, the sign language agency and/or legal counsel.

11. NO-FAULT CLAUSE:

a. Should any cause or causes, listed below, occur beyond the control of all parties involved, no one will be held at fault, the Government will not be invoiced, and no one held in question:

b. Acts of God, acts or omissions of any government or any agency thereof; compliance with requests, recommendations, rules, regulations or orders of any governmental authority or any office, departments, agency or instrumentality thereof; fire, storm, flood, earthquake, accident, acts of the public enemy, war rebellion, insurrection, riot, and invasion.

12. FEDERAL HOLIDAYS:

a. The Contractor is not required to provide services on the eleven (11) federal holidays observed by the DLA unless approved by the KO or COR. The following holidays are observed:

b. When one of the holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When the legal holiday falls on a Saturday, the preceding Friday is observed as the holiday. The following holidays are observed:

13. BASE ACCESS, SAFETY & SECURITY:

a. Unscheduled gate closures by the installation security personnel may occur at any time causing all personnel entering or exiting a closed installation to experience a delay. This cannot be predicted or prevented. Contractors or subcontractor are not compensated for unexpected closures or delays. Vehicles operated by Contractor or subcontractor personnel are subject to search pursuant to applicable regulations. Any moving violation of any applicable motor vehicle regulation may result in the termination of the Contractor or subcontractor’s employee’s installation driving privileges.

b. The Contractor’s or subcontractor’s employees shall become familiar with and obey the regulations of the installation, including fire, traffic, safety, and security regulations while on the installation. Contractor or subcontractor employees should only enter restricted areas when required to do so and only upon prior approval. Contractor employees shall always carry proper identification with them and shall be subject to such checks as may be deemed necessary. The Contractor or subcontractor shall ensure compliance with all regulations and orders of the installation which may affect performance. The USG reserves the right to direct the removal of an employee for misconduct, security reasons, or any overt evidence of communicable disease. Removal of Contractor or subcontractor employees for reasons stated above does not relieve the Contractor or subcontractor from responsibility for total performance of this contract.

c. The Contractor or subcontractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the COR. The Contractor and all associated subcontractor employees shall provide all information required for background checks to meet installation access requirements to be accomplished by installation security personnel. The Contractor or subcontractor shall ensure compliance with all personal identity verification requirements as directed by DoD and/or local policy. Should the Force Protection Condition (FPCON) change, the USG may require changes in Contractor or subcontractor security matters or processes.

d. The Contractor shall take all reasonable safety and occupational health measures in performing this contract. The Contractor shall comply with all Federal, State, and local laws applicable to safety and occupational health and with the safety and occupational health standards, specifications, reporting requirements, and any other relevant requirements of this contract. These standards include safety procedures contained within the HDIFC OSH Plan, State and Local safety procedures.

e. All contractors will specifically comply with Department of Labor and OSHA rules and regulations as contained in 29 CFR 1910 (General Industries) and 29 CFR 1926 (Construction) as well as all required sections within the Life Safety Codes (LSC) and National Fire Protection Associations Standards as they relate to the contract services they are performing.

f. Each applicable contractor bears sole responsibility for compliance with the Occupational Safety and Health Act (OSHA) (Public Law 91-596). The contractor must submit a Safety and Health Plan and corresponding site safety checklist to the contracting officer 10 days after contract award. The contractor's plan shall include appropriate measures to ensure the contractor reacts promptly to investigate, correct and track alleged safety & health violations and/or uncontrolled hazards in contractor work areas.

g. The contractor will comply with safety procedures contained in 29 CFR 1904 (Recording and Reporting Occupational Illness). The contractor shall notify the onsite Safety and Health Manager (SHM) within 24 hours of all mishaps causing damage to Government property or injury/illness to Government contract personnel. The contractor shall investigate all mishaps, prepare a DLA Form 1591, Mishap Report, and provide the completed form (Blocks 1 through 14a) to the SHM and one copy to the COR within 24 hours of mishap. If the Contracting Officer Representative (COR) has Access to and Training in the Enterprise Safety Applications Management System (ESAMS) the Mishap information shall be completed and submitted through the ESAMS reporting system.

h. The Contracting Officer may notify the Contractor in writing of any noncompliance with this clause and specify corrective actions to be taken. When the Contracting Officer or COR becomes aware of noncompliance that may pose a serious or imminent danger to safety and health of the DLA workforce (including contractor employees working on DLA contracts), or high value mission critical equipment or property, the Contracting Officer or COR shall notify the Contractor orally, with written confirmation. The Contractor shall promptly take and report any necessary corrective action. If the Contractor fails or refuses to institute prompt corrective action in accordance with these safety provisions, the Contracting Officer may invoke the stop-work order clause in this contract or any other remedy available to the Government in the event of such failure or refusal. The Contractor (or subcontractor or supplier) shall insert the substance of this clause, including this paragraph (g) and any applicable Schedule provisions and clauses, with appropriate changes of designations of the parties, in all solicitations and subcontracts of every tier, when the work will be conducted completely or partly on premises owned or controlled by the Government.

14. QUALITY ASSURANCE (QA):

a. The USG will evaluate the Contractor’s performance under this contract in accordance with (IAW) the Quality Assurance Surveillance Plan (QASP). This plan is primarily focused on what the USG will do to ensure that the Contractor has performed in accordance with the performance standards as defined in the QASP. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

b. The Contractor shall use their existing Quality Control Plan or develop, implement, and maintain a Quality Control Plan (QCP) to ensure services are performed in accordance with this PWS. The QCP shall include procedures to identify, prevent, and ensure non-recurrence of defective services. The QCP is the means by which the Contractor assures itself that its work complies with the requirements of the contract. At a minimum, the Contractor shall have a QCP procedures that address the areas identified in the QASP.

15. ACCEPTABLE PERFORMANCE LEVELS (APLs):

a. Acceptable Performance Levels (APLs) are the minimum performance levels of specific requirements which the contractor must achieve or risks having the Government consider performance unsatisfactory, resulting in monetary consideration from the contractor. While the specification of an acceptable performance level does not allow the contractor to knowingly provide defective service it recognizes that it may occur unintentionally. As long as performance does not fall below the specified acceptable level, the Government will not deduct for poor performance. If performance falls below the specified performance level, consideration will be taken at the Government’s discretion. Consideration decisions will take into account the impact on the Government as a result of the failure to meet the performance requirement and the number of times the failure has occurred throughout the contract period.

b. The Government will monitor compliance with the contract terms and conditions and identify nonconforming services. All work required by the contract is subject to surveillance whether or not specifically included in the plan.

c. Performance incentives for the contractor shall include, but are not necessarily limited to, favorable impact on option exercise decisions, future awards of the same requirement, and future awards of similar requirements by DLA as well as other Government and non-Government entities that may review performance of this contract.

Acceptable Performance Levels

16. DLA DISPOSITION SERVICES ENVIRONMENTAL MANAGEMENT SYSTEM (EMS):

DLA Disposition Services implemented EMS in accordance with ISO 14001:2004(e), DOD and DLA requirements at all DLA Disposition Services appropriate facilities. An EMS is an overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes, and resources for developing, implementing, achieving, reviewing, and maintaining the environmental policy of an organization. The DLA Disposition Services EMS is designed to ensure that all personnel, including contract personnel, whose work activities can cause real or potential significant environmental impact, are aware of how their work supports the EMS and are competent to perform their roles, responsibilities and authorities while supporting the DLA Disposition Services mission. The DLA Disposition Services EMS program is explained in DRMS-I 6050.2, EMS Core Instruction. Site supplements detail information required by EMS at a local level such as local, state and host environmental regulations as well as local emergency procedures and operating procedures unique to the location. Site supplements also contain information concerning the local interaction between the DLA Disposition Services tenant appropriate facility and the DOD/DLA host facility EMS program. Contractors and their personnel are required to be aware that each DLA Disposition Services appropriate facility has an EMS and to be aware of EMS policies to perform work and/or gain access to an installation. Each DLA Disposition Services appropriate facility maintains EMS awareness posters that identify the DLA Disposition Services Environmental Management Representative (EMR) and Host facility EMR for specific guidance concerning an individual facilities’ EMS program. Contractors may request current copies of EMS information identified in this paragraph by sending an e-mail request to DRMSEMS@dla.mil.

17. SPILL RESPONSIBILITY:

a. The Contractor is solely responsible for all spills or leaks during the performance of this contract, which occur because of, or is contributed to by the actions of its agents, employees, or subcontractors. The Contractor shall clean up such spills or leaks to the satisfaction of the USG in a manner that complies with applicable Federal, state, and local laws and regulations. The clean-up shall be at no cost to the USG. The Contractor shall report all such spills or leaks, regardless of their quantity, to the COR and KO immediately upon discovery. A written follow-up report shall be submitted to the COR and KO not later than twenty-four hours after the initial telephonic report. The written report shall be in narrative form, and as a minimum shall include the following:

1) Description of item spilled (including identity, quantity).

2) Whether amount spilled is EPA or state reportable, and if so, whether it was reported.

3) Exact time and location of spill including a description of the area involved.

4) Containment procedures initiated.

5) Summary of any communications Contractor has with press or USG officials other than the KO.

6) Description of clean-up procedures employed or to be employed at the site including disposal location of spill residue.

7) Description of item spilled (including identity, quantity).

18. POINT(S) OF CONTACT (POC) INFORMATION:

Point of Contact (POC) information is provided below. Should POCs change or information change this will be updated by the COR and KO and provide to the Contractor. Additional POC information will be provided with each Task Order (TO) when ordered.

Lakeea Kelly EEO Specialist 269-986-6060 lakeea.kelly@dla.mil

19. INVOICING INFORMATION:

a. The contractor shall submit its invoice and be paid using the Wide Area Workflow (WAWF) payment system. The WAWF clause will be incorporated into the contract by full text for informational purposes.

b. In order to prevent payment delays, it is extremely important that the contractor appropriately submit payment requests in WAWF using the information provided in DFARS clause 252.232-7006, WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS.

c. The Contractor agrees to submit a detailed invoice via WAWF of work performed within two weeks of services rendered. The Contractor will invoice for the total hours on-site between the originally scheduled assignment time and completion of the requirement. When several assignments are scheduled together within the 2-hour minimum time frame using the same writer(s), there shall be no separate billing of those assignments as noted in 1.4. There shall be no portal-to-portal billing.

d. This invoice shall identify:

• The amount of time worked (All assignments are 2-hour minimum, plus mobilization)

• The type of service rate (regular business hours, on-call for last minute assignment(s))

• The date(s) the work was performed

• The site(s) of the service(s)

• The name(s) of the interpreter(s) on assignment(s)

• Name(s) of all parties involved

• Name(s) of contact person(s)

• The type of appointment(s)

• Note assignments canceled less than 24 hours