PWS - Draft for Sources Sought.pdf

Performance Work Statement (PWS) Office of the Administrative Assistant to the Secretary of the Army (OAA) Headquarters, Department of the Army (HQDA)

Equal Employment Opportunity (EEO) Court Reporting Support Services

PART 1

GENERAL INFORMATION

This PWS is in support of a Blanket Purchase Agreement (BPA) to provide Court Reporting Support Services. The U.S. Government shall not exercise any supervision or control over the contract service providers performing the services described herein. As employees of the Contractor, such contract service providers shall be accountable solely to the Contractor who, in turn shall be responsible to the U.S. Government.

1. General: This is a non-personnel service(s) contract to provide transcription service.

The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.

1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, materials, supervision, and other items and non-personal services necessary to perform court reporting services for Fact Finding Conferences (FFC), Depositions, Equal Employment Opportunity Commission Administrative Judge Hearings or other proceedings given under oath or affirmation as defined in this Performance Work Statement (PWS) except as specified in Part 3 as government furnished property and services in support of the Office of the Administrative Assistant to the Secretary of the Army, Resources and Programs Agency, Equal Employment Opportunity (EEO). The Contractor shall perform to the standards in this contract.

1.2 Background: The Office of the Administrative Assistant to the Secretary of the Army, Resources and Programs Agency, Equal Employment Opportunity (EEO) promotes a civilian workforce that is reflective of our nation's diversity. EEO has a current need for court reporting services on an ongoing basis as related to discrimination complaint processing to ensure compliance with the Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, (EEO MD-110), November 9, 1999 and Army Regulation 690-600, Equal Opportunity Discrimination Complaints, 9 February 2004.

1.3 Objectives: The objective of this contract is to produce verbatim transcripts of proceedings during Fact Finding Conferences (FFC), Depositions, Equal Employment Opportunity Commission Administrative Judge Hearings, or other proceedings held by the EEO.

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1.4 Scope: The Contractor shall provide court reporting and transcription services for

EEO.

1.5 Period of Performance: The period of performance shall be a five (5) year Blanket Purchase Agreement (BPA), up to five (5) ordering periods. Requirement will be assigned on an individual bases. The ordering periods for the BPA are as follows:

Base Period: 18 May 2025 through 17 May 2026 Option Period 1: 18 May 2026 through 17 May 2027 Option Period 2: 18 May 2027 through 17 May 2028 Option Period 3: 18 May 2028 through 17 May 2029 Option Period 4: 18 May 2029 through 17 May 2030

1.6 General Information

1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control (QC) program to ensure services are performed in accordance with the PWS.

The contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC system.

1.6.2 Quality Assurance: 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 the minimum acceptable defect rate(s).

1.6.3 Recognized Holidays: The Contractor is not required to perform services on the following days:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Juneteenth Day Christmas Day Independence Day

1.6.4 Hours of Operation: Hours of operation shall be determined on a case-by-case basis by the EEO personnel responsible for processing the complaint for which court reporting services is required. Normal hours of operation are 7:00 am – 6:00 pm for one, and occasionally two days, of service.

1.6.5 Place of Performance: The work to be performed under this contract will be performed at Government and Non-Government facilities throughout CONUS. In the event a reporter is needed outside of the National Capital Region (NCR); in order to travel costs, the contractor shall subcontract with local personnel to perform the required work.

1.6.6 Type of Contract: The government anticipates award of a Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity contract.

1.6.7 Security Requirements

1.6.7.1 The Contractor shall maintain, and safeguard CUI (Controlled Unclassified Information) protected information provided under this contract as specified in Army Regulation 25-55 Department of the Army (DA) Freedom of Information Act (FOIA) program. The Contractor is required to agree to and sign a Confidentiality and Non-disclosure Agreement and submit it to the EEO prior to the start of work: See Technical Exhibit 3 Contractor Non-Disclosure Statement.

1.6.7.2 All Contractor personnel are prohibited from selling, distributing, or releasing to the public any information, documents, or transcripts from classified or protected proceedings.

1.6.7.3 Access and General Protection/Security Policy and Procedures: Contractor and all associated subcontractor 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.

Contractor 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.

1.6.7.4 For contractors that do not require CAC, but require access to a DoD facility or installation: Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014‐05. The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on‐site or remotely; (2) remote access, via logon, to a DoD network using DoD‐approved remote access procedures; or (3) physical access to multiple DoD facilities or multiple non‐DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of 6 months or more. At the discretion of the sponsoring activity, an initial CAC may be issued based on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personnel Management

For contractors that do not require CAC, but require access to a DoD facility or installation: Contractor and all associated sub‐contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC‐III) and Terrorist Screening Database (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.

1.6.7.5 Anti-terrorism (AT) Level I Training: This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractors’ employees, to include subcontractor employees, requiring access to government installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. 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 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf.

1.6.7.6 iWATCH Training: This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). 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. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award.

1.6.7.7 Operation Security (OPSEC) Training: Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training.

1.6.8 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5.

The Contracting Officer (KO), Contracting Officer’s Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the contractor's performance. At these meetings the contracting officer will apprise the Contractor of how the government views the contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced.

https://jkodirect.jten.mil/Atlas2/page/login/Login.jsf

Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.6.9 Contract Manager: The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the KO. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract.

1.6.10 Identification of Contractor Employees: All contract 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. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed.

1.6.11 Contractor Travel: The Contractor shall be required to travel within the NCR.

The Government shall be responsible for obtaining contractor personnel access to military bases or any other Government facility within the NCR. Please see 1.6.5 for travel outside of the National Capital Region.

1.6.12 Contractor Manpower Reporting Requirement: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to 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, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Actual direct labor hours (including sub-contractors); (6) Actual 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 the 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 will provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will 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 systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

PART 2

DEFINITIONS & ACRONYMS

Acronyms

Definition

ACC-NCR Army Contracting Command-National Capital Region Adequate Notice of Cancellation or Postponement

Adequate notice of cancellation or postponement of a scheduled proceeding is notice to the Contractor before 5:00 p.m. of the business day prior to the proceeding date for proceedings within the contiguous United States, and 5:00 p.m. of the business day two days prior to the proceeding date for proceedings elsewhere. Notice may be provided by telephone, facsimile transmission, or by e-mail to an agreed-upon e-mail address.

Business Days Monday through Friday, excluding holidays, Saturdays and Sundays

Contracting Officer’s Representative (COR)

A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the Contractor

CONUS Locations within the Continental United States.

Defective Service

A service output that does not meet the standard of performance associated with it in the Performance Work Statement.

EEO Equal Employment Opportunity

FFC FFC: Fact Finding Conference

CUI CUI (Controlled Unclassified Information).

Investigator A person authorized by an agency to conduct an inquiry into a complaint of discrimination

KO Contracting Officer

NCR National Capital Region

OCONUS Locations outside of the 48 contiguous United States

POC Point of Contact

Proceedings

A scheduled matter, or portion of a scheduled matter, at which the Contractor is expected to provide reporting and transcription services.

PWS PWS: Performance Work Statement Reporter A Contractor employee or agent assigned to provide verbatim reporting and other proceedings.

Quality Assurance Surveillance Plan (QASP)

An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

Quality Control (QC)

Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

Quality Assurance

Those actions taken by the government to assure services meet the requirements of the Performance Work Statement.

VTC Video Tele-Conference

WAWF

WAWF: Wide Area Workflow A secure Web-based system to allow contractors to submit electronic invoices, and provide the Government a means to electronically receipt and accept supplies and services Deputy Director for Global Operation (DDGO)

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.1 General: The Government shall provide the facilities, equipment, materials, and/or services listed below.

3.2 Equipment: None

3.3 Services: None

3.4 Utilities: All utilities in the facility will be available for the Contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities.

3.5 Facilities: The Government will furnish the necessary workspace for the contractor staff during proceedings as outlined in this PWS to include desk space and telephones on an as needed basis.

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1 General: Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS (i.e. paper, fastening, tags, typewriters, word processors, recording equipment, notebooks, envelopes and other supplies and materials).

All reporting shall be conducted by an electronic recording device. The contractor must incorporate equipment that enables the successful recording of the entire session without interruptions. The equipment must be operated and monitored by the contractor at all times. Additionally, the equipment must have the following capabilities:

simultaneous playback, listening, pre-amplification, speaker identification, and self-diagnosis.

The Contractor shall provide a back-up system to whichever primary method of reporting is used and is responsible for utilizing this back-up if the primary recording of the proceedings is damaged, lost or compromised so as to not require that the hearing be re-held.

4.2 Clearance: The contractor shall possess or be eligible to receive and maintain a confidential clearance. The contractor’s employees, performing work in support of this contract action shall have been granted a confidential security clearance.

PART 5

SPECIFIC TASKS

5.1 Requirements: The Contractor, as an independent Contractor and not as an agent of the Government, shall provide, unless the requirements have otherwise been deemed to be Government furnished, the requirements of the PWS as specifically outlined below:

5.2 Basic Services: The Contractor shall provide error-free (not to exceed two per page) verbatim reporting and transcription of hearings and related proceedings, as defined in this PWS.

5.2.1 Reporting: The Contractor shall provide verbatim reporting of hearings and related proceedings as in standard legal format and as set forth below.

5.2.2 Recording, General: The Contractor shall record the full testimony during a proceeding, and report and incorporate it into the transcript, unless the EEO POC or designee directs otherwise.

5.2.3 Electronic Sound Recording Systems: The Contractor may use electronic sound recording systems, provided they are capable of accurately recording the proceedings under adverse conditions that frequently exist (e.g., air conditioning or traffic background noise). Contractor shall use quality electronic sound recording systems as to insure against error, misinterpretation, or loss of voice. Contractor personnel equipment shall be operator-monitored from a separate monitor head to ensure a proper recording and include a simultaneous playback, listening, pre-amplification, and speaker identification facilities.

5.2.4 Markings: The transcript copies, shall be marked on the bottom of the front cover, on every page, and on the outside of the back cover. "CUI (Controlled Unclassified Information). Protected by the Privacy Act.” The CD/DVD version must be labeled "CUI (Controlled Unclassified Information) Protected by the Privacy Act.”

5.2.5 Retention of Notes and Tapes: The Contractor shall retain and properly safeguard for a period of two (2) years, any stenographic notes and/or electronic recording tapes taken by the reporter at a proceeding from which a transcript has been prepared, along with one copy of the transcript, for a period of at least two years after the conclusion of the proceeding unless, otherwise directed by the Government.

5.2.6. Loss of Testimony: The Contractor shall retake and transcribe testimony without additional charge if mechanical breakdown or negligence by the Contractor or any level subcontractor, testimony is lost, destroyed, or otherwise not recorded and/or retained.

Contractor shall be responsible for foreseeable damages or cost relating to the loss of testimony and/or the necessity to retake the testimony.

5.2.7 Notice of Reporter’s Name: The assigned reporter shall report to the EEO POC at least one hour before the designated starting time of the proceeding. The reporter shall have all necessary equipment completely installed and operational prior to the time set for the commencement of the proceeding. The reporter shall follow the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, the hours of the proceeding, and similar matters at all times. If, after notice of a proceeding, the Contractor does not appear at the time and place specified for the proceeding, the Presiding Official 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 properly performed the work. The Government may deduct such expenses and other damages from any other sums due or that may become due the Contractor.

5.2.8 For service performed on-site, the reporter scheduled by the Contractor shall arrive one hour prior to the start time of the service, contact the EEO Point of Contact, clear security and ensure equipment is set up and functional.

5.2.9 For service performed telephonically or through VTC, the reporter scheduled by the Contractor shall arrive one hour prior to the start time of the service, contact the EEO POC, clear security and ensure equipment is set up and functional.

5.3 Guaranteed Minimum Payment.

5.3.1 In the absence of adequate notice of cancellation or postponement of a scheduled proceeding, when a reporter a reporter has reported to the EEO Point of Contact, at the time and place designated for a scheduled proceeding and remains on-site or otherwise remains available at the direction of the EEO Point of Contact, the Contractor is entitled to a proceeding minimum payment for each such hearing day or part thereof at a rate set forth in this contract. The applicable minimum payment will be paid IN LIEU OF the contract rate when a transcript ordered for a scheduled proceeding day does not equal or exceed the daily proceeding minimum payment.

5.3.2 The Contractor shall ensure a reporter has reported at the time and place designated for a scheduled proceeding and adequate notice of cancellation or postponement has not been provided to the Contractor by the EEO, the Contractor will be paid the applicable proceeding minimum payment for one hearing day only, unless the reporter has been directed by the EEO POC to remain available by the EEO Point of Contact.

5.3.3 No appearance or attendance fee, other than stated herein, is payable under this contract.

5.3.4 Cancelled, Delayed or Postponed Proceedings: The EEO will inform the Contractor of cancelled, delayed, or postponed proceedings. Adequate notice of cancellation of postponement of a scheduled proceeding will be notice to the Contractor before 5:00PM of the business day prior to the proceeding date for proceedings within the NCR, and 5:00PM of the business day two days prior to the proceeding date for proceedings elsewhere.

5.3.5 Transcript Production: The Contractor shall produce three (3) CD/DVD versions in .pdf format for each proceeding. The transcript may be provided in an equivalent format and/or on an equivalent machine readable-media, including a PDF e-mail attachment when agreed upon by the Contractor and the COR. When a transcript is provided as an e-mail attachment, only two CD/DVD versions are required. The transcript document on the CD/DVD’s shall have the identical pagination, content, and sequential order as the PDF version. All text in the CD/DVD’s version and PDF shall appear in the same location and on the same line and page, and the page numbers in both versions shall correspond exactly, regardless of the computer settings or work processing formats on the computers on which the CD/DVD version is viewed. The transcript document on the CD/DVD shall be tabbed and searchable. Each CD/DVD shall be labeled to identify the transcript by title of the proceeding, docket number(s), dates, and volume numbers.

5.3.6 Transcript Delivery: The Contractor shall simultaneously two CD/DVD’s versions to the Directorate of Equal Employment Opportunity at the address provided by the EEO POC; and one CD/DVD version to the Investigator at the physical address provided to the EEO by the Investigator or an electronic version to the Investigator at the e-mail address provided by the EEO POC Contractor shall deliver transcripts within 10 business days following the close of the proceeding. The Contractor shall mail all via standard shipping service with tracking (such as USPS or FedEx). The CD/DVD’s are the property of the Government.

5.4 Special Qualifications:

5.4.1 Permits and Licenses: The Contractor, at their own expense, shall obtain and maintain the necessary permits, franchises, licenses, and other authorizations and certifications required for lawfully performing the services required under this contract.

5.4.2 Recommended Skill and Experience:

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

5.4.3 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.

5.4.4 Experience: The following experience is recommended for a Court Reporter:

5.4.4.1 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.

5.4.4.2 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).

The Government POC shall closely monitor its performance to ensure it’s meeting the requirements for timely delivery of hearing transcripts. The FFC shall advise the COR or POC in advance, when timely delivery cannot be made and provide an estimated time for when correction of delivery will be made. If the EEO doesn't already have in place a quality-management system, then FFC recommends it implement one consistent with the International Organization for Standardization (ISO) 9001-2000, “Quality Management Systems Requirements”.

5.5 The OAA EEO agrees that, at a minimum, all assigned court reporters shall:

• Be qualified, certified, competent, efficient, experienced, trained, and educated in court reporting.

• Adhere strictly to the instructions of the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.

• Transcribe everything spoken while a hearing is in session unless the presiding official directs an off-the-record proceeding. In those instances, take notes as required.

• Record hearings properly using professional, electronic-recording devices, in addition to being present at the hearing, if required.

• Provide a back-up system to whichever primary recording method is used – The back-up system must also be a professional, electronic-recording device, and shall at a minimum:

• be continuously monitored by an operator.

• have simultaneous playback, listening pre-amplification and speaker identification capabilities.

• have an equipment-malfunction indicator. Maintain an audio recording of the testimony and provide it to the assigned FFC attorney for the process (or the COR) to clarify issues associated with testimony content, at the request of the Government.

• Be present in the room when: 1) witnesses are interviewed, 2) testimony is given, and/or 3) witnesses are called back for additional testimony. The assigned FFC attorney or FFC POC will inform the court reporter of the anticipated duration of the process and when the process has been completed.

5.6 Upon receipt of a Court Reporting requirement, the Contracting Officer’s Representative (COR) and/or the EEO FFC Scheduling Coordinator will contact the contractor allowing sufficient time to meet the requirements as follows:

• Standard Requests: Standard requests are 5 business days (or more) in advance of any single event or 7 business days (or more) in advance for a large or long (more than 16 hours interpreting hours) work training session.

• Emergency Requests: Emergency requests are considered as an assignment when less than 72 hours’ notice has been given. At all times the expectation is that the Contractor will make every effort to ensure coverage when possible.

Emergency requests will be handled based upon the availability of interpreting services; therefore, the contractor has the right to refuse an assignment when less than 72 hours’ notice has been given to them. There is no penalty to the contractor if coverage cannot be secured on an Emergency Request only. The contractor’s refusal notice must be given within 4 hours of the time that the request was submitted. This refusal must be documented in written format, preferably via email to both the COR and the Scheduling Coordinator.

PART 6

APPLICABLE PUBLICATIONS

Documents applicable to this contract are listed below. The contractor shall follow them only to the extent stated in this contract when part of this document is referred herein.

Supplements or amendments to these publications may be issued during the life of the contract. Any such changes to publications which cause a change in the scope of performance will not be implemented by the contractor until a modification is issued by the Contracting Office.

6.1 Publications applicable to this PWS are listed below. All publications listed are available via the Internet at http://www.apd.army.mil/ Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, (EEO MD-110), November 9, 1999 Army Regulation 690-600, Equal Opportunity Discrimination Complaints, 9 February 2004. Army Regulation 25-52, Authorized Abbreviations, Brevity Codes, and Acronyms, 21 February 2014.

Applicable Forms: Forms applicable to the PWS are listed below:

Form Date Website

DD 1172-2

Application for Identification Card/DEERS Enrollment

Mar 2017 http://www.dtic.mil/whs/directives/forms/index.htm

I-9 Employment Eligibility

Verification

10/21/2019 https://www.uscis.gov/sites/default/files/files/form/i -9.pdf

DD 441

Department of Defense Security Agreement

Feb 2020 http://www.dtic.mil/whs/directives/forms/dd/ddform s0001-0499.htm

DD 250

Material Inspection and

Receiving Report

Aug 2000 https://www.esd.whs.mil/Directives/forms/dd0001_ 0499/ http://www.apd.army.mil/ http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2479.html http://www.dtic.mil/whs/directives/forms/forminfo/forminfopage2479.html http://www.dtic.mil/whs/directives/forms/index.htm https://www.uscis.gov/sites/default/files/files/form/i-9.pdf https://www.uscis.gov/sites/default/files/files/form/i-9.pdf http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm http://www.dtic.mil/whs/directives/forms/dd/ddforms0001-0499.htm https://www.esd.whs.mil/Directives/forms/dd0001_0499/ https://www.esd.whs.mil/Directives/forms/dd0001_0499/

Applicable Publications: Publications applicable to this PWS are listed below:

Publication

(Chapter/Page)

Date of Publication

Mandatory or Advisory

Website

Federal Acquisition Regulation https://www.acquisition.gov/?q=brows efar

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfar spgi/current/index.html or https://www.acquisition.gov/dfars

Joint Travel Regulation (JTR) https://www.defensetravel.dod.mil/site/ travelreg.cfm

DoDM 1000.13-M-V1

DoD Identification (ID) Cards

(Enclosure 2, paragraph 3.b)

01/23/2014

(Change 1:

07/28/2020) http://www.esd.whs.mil/Directives/issu ances/dodm

Federal Information Processing Standards (FIPS) Publication

201-2

Personal Identity Verification (PIV) of Federal Employees and Contractors

(paragraph 9)

August 2013 http://nvlpubs.nist.gov/nistpubs/FIPS/ NIST.FIPS.201-2.pdf

DoDM 5200.2 Procedures for the DoD Personnel Security

Program (PSP)

04/03/2017 https://www.esd.whs.mil/Directives/iss uances/dodm/

DoDI 5200.46

DoD Investigative and Adjudicative Guidance for

Issuing the Common Access Card (CAC)

09/09/14

(Change 1:

05/04/2018) https://www.esd.whs.mil/Directives/iss uances/dodi/

Homeland Security Presidential Directive (HSPD)-12

Policy for a Common Identification Standard for

08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=browsefar http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html https://www.acquisition.gov/dfars http://www.esd.whs.mil/Directives/issuances/dodm http://www.esd.whs.mil/Directives/issuances/dodm http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf http://nvlpubs.nist.gov/nistpubs/FIPS/NIST.FIPS.201-2.pdf https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.dhs.gov/homeland-security-presidential-directive-12 https://www.dhs.gov/homeland-security-presidential-directive-12

Federal Employees and Contractors

DoDI 5400.11

Department of Defense Privacy and Civil Liberties Programs

01/29/2019 uances/dodi/

DoD 5400.11-R

Department of Defense Privacy Program

05/14/2007 https://www.esd.whs.mil/Directives/iss uances/dodm/

DoDD 8140.01

Cyberspace Workforce Management

10/05/2020 uances/dodd/

DoD 8570.01-M

Information Assurance Workforce Improvement

Program

12/19/2005 (Change 4:

11/10/2015)

DoD 5220.22-M

National Industrial Security Program Operating Manual

(NISPOM)

02/28/2006

(Change 2:

05/18/2016)

AFI 10-245

Antiterrorism

03/28/2013

(Certified current

03/30/2017) https://www.e-publishing.af.mil/Product-

Index/#/?view=pubs&orgID=10141&ca tID=1&series=-

1&modID=449&tabID=131

AFI 31-101

Security Forces Standards and Procedures

08/18/2020 https://www.e-publishing.af.mil/Product-

Index/#/?view=pubs&orgID=10141&ca tID=1&series=-

1&modID=449&tabID=131

AFMAN 31-113

Security Forces Standards and Procedures

03/05/2013

Change 1:

12/02/2015 https://www.e-publishing.af.mil/Product-

Index/#/?view=pubs&orgID=10141&ca tID=1&series=-

1&modID=449&tabID=131 https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodi/ https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodd/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/ https://www.esd.whs.mil/Directives/issuances/dodm/

AFPD 17-1

Information Dominance Governance and Management

04/12/2016 https://www.e-publishing.af.mil/Product-

Index/#/?view=pubs&orgID=10141&ca tID=1&series=-

1&modID=449&tabID=131

AFMAN 17-1301

Computer Security

(COMPUSEC)

02/12/2020 https://www.e-publishing.af.mil/Product-

Index/#/?view=pubs&orgID=10141&ca tID=1&series=-

1&modID=449&tabID=131

AFI 10-701

Operations Security

7/24/2019

(Change 1:

06/09/2020) https://www.e-publishing.af.mil/Product-

Index/#/?view=pubs&orgID=10141&ca tID=1&series=-

1&modID=449&tabID=131

TECHNICAL EXHIBIT 1

PERFORMANCE REQUIREMENT SUMMARY

Overview. This PRS identifies the services required by the PWS over which the Government will exercise surveillance.

Performance Evaluation. Performance of a service will be evaluated to determine whether or not it meets the performance threshold. The contractor shall provide the Government a written response as to why the performance threshold was not met, how performance will be returned to acceptable levels, and how recurrence of the cause will be prevented in the future. When documentation does not meet performance thresholds, revising and resubmitting the documentation at no cost to the Government is the preferred method for correcting unacceptable performance.

Performance Objectives, Indicators, Thresholds, and Surveillance Methods.

The services required by the contractor are summarized into performance objectives and indicators, along with the minimum standards 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

Note: Meeting or exceeding the expected standards of performance may result in an above average rating in the contractor's past performance evaluation at the end of the contract performance period. Negative performance will be reflected in the contractor's past performance evaluation.

PERFORMANCE REQUIREMENTS SUMMARY (PRS)

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).

REQUIRED

SERVICE:

PERFORMANCE

STANDARDS:

ACCEPTABLE

QUALITY

LEVELS:

METHODS OF

SURVEILLANCE

PRS # 1

The contractor shall provide error free transcripts of hearings and related proceedings.

PWS paragraph 5.1.

Accurate transcripts are provided as stated in paragraph

5.1 of the PWS and IAW Quality Assurance Surveillance Plan

(QASP)

No more than 2 errors per page

Validated customer complaint and customer feedback

PRS #2

Representation at all scheduled hearings

A trained and experienced court reporter shall be present and on time for all scheduled hearings with functioning recording equipment.

Contractor arrive One (1) hour earlier than the scheduled start time to attain this requirement.

Direct Observation -

EEO

attendees will monitor the hearings/proceedings.

This includes but is not limited to an attorney and the director of industry operations.

PRS #3

Timely Deliverables

Contractor shall provide transcriptions digitally in Adobe via a PDF, and/or securely deliver a specified number of paper copies to a specified Government location.

Transcriptions shall be emailed within 10 days to the FFC

POC.

Transcript is received after ten (10) days of closed proceedings.

100% Inspection – Transcripts will be reviewed by the FFC COR, FFC attorney, or

EEO POC.

The evaluation ratings are as follows:

• Exceptional: Performance meets contractual requirements and exceeds many to the Government’s benefit. The contractual performance of the element or sub-element being evaluated was accomplished with few minor problems for which corrective actions taken by the contractor were highly effective.

• Very Good: Performance meets contractual requirements and exceeds some to the Government's benefit. The contractual performance of the task and sub-task being assessed was accomplished with some minor problems for which corrective actions taken by the contractor were effective.

• Satisfactory: Performance meets contractual requirements. The contractual performance of the element or sub-element contains some minor problems for which corrective actions taken by the contractor appear or were satisfactory.

• Marginal: Performance does not meet some contractual requirements. The contractual performance of the task and sub-task being assessed reflects a serious problem for which the contractor has not yet identified corrective actions.

The contractor's proposed actions appear only marginally effective or were not fully implemented.

• Unsatisfactory: Performance does not meet most contractual requirements and recovery is not likely in a timely manner. The contractual performance of the task or sub-task contains a serious problem(s) for which the contractor's corrective actions appear or were ineffective.

TECHNICAL EXHIBIT 2

DELIVERABLES SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To

The Contractor shall routinely deliver CD/DVD/s’ within 10 business days following the close of the proceeding.

PWS paragraph 5.3.6

Standard:

Within 10 calendar days of the last day of scheduled testimony

3 –CD/DVD’s versions Or 2 –

CD/DVD

versions and PDF (as e– mail attachment)

Three CD/DVD’s in .pdf format

(Standard legal format)

Two CD/DVD’s to the EEO

One CD/DVD to the Investigator or one PDF e-mail attachment to the Investigator

TECHNICAL EXHIBIT 3

NON-DISCLOSURE STATEMENT

DEPARTMENT OF THE ARMY

OFFICE OF THE ADMINISTRATIVE ASSISTANT TO THE SECRETARY ARMY

RESOURCES AND PROGRAMS AGENCY

9301 CHAPEK ROAD

FORT BELVOIR VA 22060-5527

Directorate of Diversity and Equal Employment Opportunity

Confidentiality and Non-Disclosure Agreement Directorate of Equal Employment Opportunity

WHEREAS, [COMPANY NAME] ______________________________________agrees to transcribe certain confidential and sensitive Privacy Act information relating to the assigned task of reviewing, transcribing, processing, or possessing confidential and sensitive information pursuant to the terms of this contract.

1. Agrees to hold confidential or sensitive Privacy Act information in trust and confidence and agrees that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party.

2. Agrees that copies of transcripts in any format kept by the Contractor for record keeping purposes will be securely stored, safeguarded by the Contractor, marked “Subject to the Privacy Act,” and destroyed in accordance with the Contractor’s standard operation procedures in a manner to ensure compliance with the Privacy Act.

Company Representative Signature Title

Date