PWS - EEO Court Reporter Service DRAFT.pdf

PERFORMANCE WORK STATEMENT

FOR

COURT REPORTER SERVICES

FORT KNOX EQUAL EMPLOYMENT OPPORTUNITY OFFICE

FORT KNOX, KY 40121

Section 1

GENERAL REQUIREMENTS

1.1 Scope of Work. The contractor shall furnish all personnel, equipment, and supplies required to produce for the Government verbatim transcripts of proceeding at DoD Office of Investigations and Resolution Division (IRD) investigations, Equal Employment Opportunity Commission (EEOC) hearings, and other legal proceedings, including but not limited to depositions, arbitrations, and employment cases. The contract is a Blanket Purchase Agreement for the court reporter services.

1.1.1 The Government will normally provide not less than 1 week advance notice to the contractor for required services. Failure by the Government to provide full advance notice will not be grounds for a claim for additional compensation by the contractor.

Unscheduled services shall be at the same price as scheduled services.

1.1.2. If the IRD Investigation, EEOC hearing, or other legal proceeding is canceled or postponed, the Government will provide the contractor with 12 hour advance notice of the cancellation, barring unforeseen events (e.g. weather and emergency situations). If less than 12 hours advance cancellation notice is given the Government will pay the contractor a reasonable cancellation fee that is consistent with the local court reporter practice and as established by the contract.

1.2. The number and duration of investigations, hearings, and other legal proceedings that will be held during a given year cannot be predicted.

1.2.1. Payment will be made for the actual number of pages of transcription and number of copies required for each investigation, hearing, or other legal proceeding.

1.2.2. If court reporter services are not required because the issue is resolved on or postponed from the date of the hearing, investigation, or proceeding, the Government will pay the contractor a reasonable “show-up fee” that is consistent with the local court reporter practice and as established by the contract.

1.2.3. The court reporting service locations vary and are determined as needed. The service areas include locations throughout the continental United States. Information on specific times and locations will be provided separately for each hearing, investigation, and proceeding.

1.3. Quality Assurance. The government will monitor contractor performance under this contract using the Quality Assurance Evaluator’s Surveillance Plan.

1.4. The Quality Assurance Evaluator (QAE) will monitor the contractor’s performance in accordance with the government’s Quality Assurance Plan.

1.5. Contractor’s Representative. The contractor shall provide the Contracting Office the name and telephone number of an individual to act as the Contractor Representative within five (5) calendar days after contract award. The Contractor Representative shall be the point of contact for the government and shall have the authority to act for the contractor on all matters pertaining to this contract. The contractor shall notify the Contracting Office, in writing, of changes in the Contractor Representative no later than five (5) working days prior to said change.

1.6. Reserved

1.6.2. Access to Government Information Systems.

1.6.2.1. Information Assurance Awareness training. The contractor shall ensure all contractor and subcontractor personnel requiring access to Government information systems register in the Army Training Certification Tracking System (ATCTS) and complete the DoD Information Assurance Awareness training. The training shall be completed prior to obtaining access to information systems and annually thereafter. The contractor shall report completion of the training in the monthly status report and provide copies of training certificates.

1.6.2.2. Level 1 Antiterrorism Awareness Training. All contractor employees, including subcontractor employees, requiring access to Fort Knox and its facilities, shall complete Antiterrorism Level I Awareness Training within 30 calendar days after contract start date. The contractor shall submit the Level 1 Training Certificates of Completion, for each affected contractor employee and subcontractor employee, to the Contracting Officer's Representative (COR) within seven calendar days after completion of training by all employees. This provision is also applicable to all new hires, after the contract start date, and subcontractors who start phased work later in the contract. New hire and phased subcontractor training will be completed within seven calendar days after the start of work. AT Level I awareness training is available at http://jko.jten.mil/courses/atl1/launch.html

1.6.2.3. Access and General Protection/Security Policy and Procedures. The contractor and all associated subcontractors' employees shall comply with all applicable installation and facility security policies and procedures. Access to Fort Knox requires one of the following type documents: a valid federal identification card, state driver's license, state identification card with photo, a valid U.S. passport, or a valid passport from other countries cleared by the State Department. In addition to the changes otherwise authorized by this contract, should the Force Protection Condition (FPCON) in or around an individual facility or on the installation as a whole change, the Government may require changes in contractor security matters or work schedule.

1.6.2.4. iWATCH Training. All contractor employees, including subcontractor employees, shall view an iWATCH program video. This video will inform employees of the types of suspicious behavior to watch for and instruct employees to report suspicious activity to their supervisor who in turn will report it to the COR. This training shall be completed within 30 calendar days of contract award and within seven calendar days of new employees' commencing work, with the written results reported to the COR no later than seven calendar days after applicable deadlines. This provision is also applicable to subcontractors who start phased work later in the contract. The iWatch training video is available at https://www.youtube.com/watch?v=eNdfdH8ZXoU

1.6.2.5. Level 1 Operations Security (OPSEC) Training. OPSEC Awareness Training:

All Contractors performing services under this contract are required to complete OPSEC training located at http://cdsetrain.dtic.mil/opsec/index.htm within 30 days of contract being awarded. This website does not require access to a government network. The contractor shall submit employee completion certificates to the Contracting Officer's Representative (COR) within seven calendar days after completion of training by all employees. This provision is also applicable to all new hires, after the contract start date, and subcontractors who start phased work later in the contract. New hire and phased subcontractor training will be completed within seven calendar days after the start of work.

1.6.2.6. Access to systems containing Personal Identifiable Information (PII). The contractor shall comply with the Privacy Act and all applicable agency regulations on individual privacy, to include DoD Directive 5400.11 “Department of Defense Privacy Program” and DoD 5400.11-R, Department of Defense Privacy Program.

1.6.2.7. Systems Access: When requested by the Government, the contractor shall provide access to and information regarding the systems that the contractor operates or maintains on behalf of the Government under this task order.

1.6.2.8. Systems Security: The contractor shall encrypt all contractor-owned laptops or other portable media storage devices that process or store PII, in accordance with NIST Federal Information Processing Standard (FIPS) 140-2 (or successor). The contractor shall require FIPS 140-2 (or successor) encryption of any sensitive PII when transmitted electronically across the internet or other public networks.

1.6.2.9. Data Security: The contractor, unless otherwise authorized by the Government, shall limit access to PII to those employees and subcontractors who require the information in order to perform their official duties under this task order. The contractor, contractor employees, and subcontractors shall physically or electronically protect PII when not in use and/or under the control of an authorized individual. During the course of task order performance, when PII is no longer needed or required to be retained under applicable Government records retention policies, the contractor shall coordinate with the contracting officer to either turn over the PII to the Government, or destroy it through means that will make the PII irretrievable (i.e., permanently unavailable for access by any person). The contractor shall only use PII obtained under this task order for purposes of the task order, and shall not collect or use such information for any other purpose without the prior written approval of the contracting officer. At expiration or termination of this task order, the contractor shall coordinate with the contracting officer to either turn over all PII managed under the contract that is in its possession to the Government or successor contractor, or if the Government so directs, destroy the PII.

Data Breach Response and Notification: The contractor shall adhere to the reporting and response requirements for PII set forth in Memorandum, Office of the Secretary of Defense, Subject: Safeguarding Against and Responding to the Breach of Personally Identifiable Information (PII), June 5, 2009, ALARCT 050/2009, DoD 5400.11-R, and any amendments. The contractor or its subcontractor(s) shall immediately notify the KO, COR and ACOR upon discovery that a suspected or actual breach of PII has occurred. The notification shall include, to the greatest extent possible, the identification of each individual whose PII has been or possibly has been breached. In addition, the contractor or its subcontractor shall provide the KO, COR and ACOR with any other available information that must be included in required breach reporting and notifications. The contractor shall provide this information at the time of the initial notification to the Government or promptly thereafter as information becomes available.

The Government will determine whether a breach of PII has occurred, and whether breach notification to affected individuals is required. If breach notification to affected individuals is required, the Government will determine if the contractor shall make the required notification. If the contractor is to notify the impacted population, it shall submit the notification letters to the KO, COR and ACOR for review and approval.

1.7. Individuals authorized to order under this Blanket Purchase Agreement include:

Any organization or command located on Fort Knox, Kentucky.

Section 2

DEFINITIONS/ACRONYMS

2.1. Contractor Discrepancy. A failure of the contractor to perform in accordance with contract requirements and specifications.

2.2. Contract Discrepancy Report (CDR). A report used to document unsatisfactory contractor performance. The CDR requires the contractor to explain, in writing, why performance is unsatisfactory, how performance shall return to satisfactory levels, and how recurrence of the problem shall be prevented.

2.3. Contracting Officer (KO). A person duly appointed with the authority to enter into and administer contracts on behalf of the government.

2.4. Quality Assurance evaluator (QAE). A government representative for performing surveillance and inspection of contractor performance.

2.5. Quality Assurance Evaluator’s Surveillance Plan (QASP). A written document used by the government for quality assurance surveillance. The document contains specific methods to perform surveillance of the contractor’s performance.

2.6. IRD. Investigations and Resolution Division.

2.7. EEO. Equal Employment Opportunity

2.8. EEOC. Equal Employment Opportunity Commission

2.9. SJA. Staff Judge Advocate

Section 3

GOVERNMENT-FURNISHED PROPERTY AND SERVICES

3.1. Reserved

Section 4

CONTRATOR FURNISHED PROPERTY

4.1. The contractor shall furnish all equipment, supplies, management, supervision and labor required to perform services, except that specifically identified as government-furnished property in Section 3.

Section 5

SPECIFIC TASKS

5.1. For investigations conducted by the DoD IRD, original and copies of verbatim transcripts shall be provided to the Equal Employment Opportunity (EEO) Office within 14 calendar days after fact-finding conference is concluded. A base number of copies are listed in Technical Exhibit 1, Deliverables; the number of copies required may vary based on the case. The Government may also require transcripts in electronic format, on Computer Disc / Digital Video Disc (CD/DVD) in addition to or in lieu of hard copy (ies). CD/DVD is the only acceptable electronic format, Flash and Thumb Drives are not permitted for Government use. The Government will provide the contractor with format and number of copies required at the time of investigation.

5.2. For hearings conducted by the EEOC, original and copies of verbatim transcripts shall be provide to the Equal Employment Opportunity (EEO) Office or to the EEOC Judge (as directed) within 14 calendar days after the EEOC hearing is closed. A base number of copies are listed in Technical Exhibit 1, Deliverables; the number of copies required may vary based on case. The Government may also require transcripts in electronic format, CD/DVD in addition to or in lieu of hard copy (ies). CD/DVD is the only acceptable electronic format, Flash and Thumb Drives are not permitted for Government use. The Government will provide the contractor with format and number of copies required at the time of Hearing.

5.2.1. For other legal proceedings, the contractor shall provide original and copies of verbatim transcripts to the ordering Government official (as directed) within 14 calendar days from the date of the legal proceeding. The number of copies required may vary based on each case. The Government may also, or alternatively, require transcripts in electronic format as arranged by the ordering Government official. The Government will provide the contractor with the desired format and number of copies required at the time of the legal proceeding.

5.3. All Transcripts may be required in the following formats: 1 page to 1 page format and /or 4 pages to1 page format, this may vary based on each case.

5.4. The Government will provide all exhibits admitted into evidence during the hearing, investigation, or proceeding that can be released to the contractor. The contractor shall append the provided exhibits to the transcript.

5.5. The original and all copies of the hearing, investigation, or proceeding transcript shall be securely bound, have protective front and back cover sheets, and security bound on the left hand side.

5.6. Each page of transcript shall be numbered. The contractor shall number each line of testimony in the left-hand margin.

5.7 The Government will not pay for copies of the transcripts for the opposing party, attorney, counsel, or other third party requesting a copy unless expressly agreed to and ordered by the Government official.

Section 6

APPLICABLE DOCUMENTS

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.

The government will make these references available to the contractor at the start of the contract and will past on updates to these references.

AR690-600, 9 February 2004, Equal Employment Opportunity Discrimination Complaints

Technical Exhibit 1

DELIVERABLES

SECTIO

N

TITLE FORMA

T

REQUIRED

DATE

FREQUENC

Y

NO. OF

COPIE

S

DISTRIBUTIO

N

1.5 Designation

of Contractor’s

Written Within 5 days after contract

Initially and upon change

1 Contracting Officer

5.1 Transcript of

Investigatio n

Written and

CD/DVD

Within 14 calendar days of Investigatio n

As needed 4 EEO Office

5.2 Transcript of

Hearing

Written and

CD/DVD

Within 14 calendar days of Hearing

As needed 4 EEO Office or EEOC Judge as ordered

5.2.2 Transcript of

Proceeding

Written and/or digital as ordered

Delivered within 14 calendar days of the proceeding

As needed As ordered

Ordering Government Official