PWS Stenography Services - DRAFT.pdf

PERFORMANCE WORK STATEMENT

Court Reporting (Stenography Services)

1. ACRONYMS AND DEFINITIONS

1.1 ACRONYMS

The following are acronyms which may be used in place of full text throughout this Performance Work Statement.

AIB Administrative Investigation Boards AQL Acceptable Quality Level BPA Blanket Purchase Agreement CAP Corrective Action Plan CLIN Contract Line Item Number CO Contracting Officer COR Contracting Officer Representative CPARS Contractor Performance Assessment Reporting System CPR Contract Performance Report EEO Equal Employment Opportunity FAR Federal Acquisition Regulation GFP Government Furnished Property HIPAA Health Insurance Portability and Accountability Act of 1996 IDIQ Indefinite Delivery Indefinite Quantity POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QC Quality Control QCP Quality Control Plan QASP Quality Assurance Surveillance Plan SER Service Evaluation Report SSN Social Security Number TMS Talent Management System TO Task Order VA Department of Veterans Affairs VAMC Veterans Administration Medical Center VAAR VA Acquisition Regulation VHA Veterans Health Administration VISN Veterans Integrated Service Network

1.2 DEFINITIONS

The following are definitions for words or phrases used throughout this PWS.

1.2.1 Business Days - Monday through Friday weekly excluding federal holidays and weekends

1.2.2 Calendar Days - Every consecutive day on the calendar including federal holidays and weekends

1.2.3 Contracting Officer (CO)- A person with authority to enter into, administer, and terminate contracts and make related determinations and findings on behalf of the Government. The only individual legally authorized to bind the Government.

1.2.4 Contracting Officer Representative (COR) - An individual, including a contracting officer’s technical representative (COTR), designated, and authorized in writing by the contracting officer to perform specific technical or administrative functions

DRAFT

1.2.5 Contractor - A supplier or vendor having a contract to provide specific supplies or service to the Government. The term used in this PWS refers to the Prime Contractor.

1.2.6 Quality Assurance (QA) - The Government procedures to verify provided Contractor services are performed according to acceptable standards

1.2.7 Quality Assurance Surveillance Plan (QASP) - A written document specifying the methodology to be used to surveil Contractor performance

1.2.8 Task Order (TO) - An order for services placed against this established IDIQ Custodial Supplemental Services contract

2. GENERAL GUIDANCE

The Veterans Affairs (VA) Medical Center has a current need for Court reporting (Stenography) services to include, but not expressly limited to: AIB, EEO, and Labor disputes. It is the intent of the VA Medical Center to establish a BPA with 1 base year plus 4 options years.

TITLE OF PROJECT: Court Reporter – Stenography Services

SCOPE OF WORK: The Contractor shall provide all labor, expertise and equipment at the VA or designated location sufficient to record sworn testimony for Administrative Investigative Boards (AIB), Administrative Hearings, EEO Mediation, Human Resource Hearings, etc., and deliver electronic transcripts for legal purposes. Testimony will be taken in one or more days, typically in question-and-answer format from the members or attendees.

a. The Contractor shall furnish the necessary personnel, materials, and services, and otherwise do all things necessary for the incidental to the verbatim reporting and transcription of proceedings or hearings and delivery of electronic transcripts for legal purposes.

b. If testimony must be retaken because of mechanical breakdown of the stenographic equipment or as a result of negligence by the Contractor, the Contractor shall provide the services necessary to retake the testimony, at no additional charge to the Department of Veterans Affairs or to any party to the litigation.

In addition, the Contractor shall bear all transportation and subsistence costs, to be computed in accordance with travel regulations governing employees of the Department of Veterans Affairs, incurred by the parties and their witnesses and attorneys in attending or testifying at such retaking of testimony.

c. The Contractor agrees that the assigned reporter shall perform all work in a business-like manner and according to the best standards of the reporting profession; and the Contractor, at all times, shall provide promptly at the time, date, and place designated, as many competent reporters and stenographers and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceeding and the furnishing of satisfactory transcripts which shall conform to the requirements of this contract.

d. To the maximum extent practical, when requested by the government, the Contractor shall assign the same reporter to a proceeding lasting more than one (1) day or, in the case of a lengthy proceeding, the same group of reporters. The Contractor agrees that the assigned reporter shall:

(1) For telephonic investigation, the Contractor shall make telephone contact to the presiding official at least fifteen (15) minutes prior to the start time. Telephonic investigations can include use of Microsoft Teams, Webex, Zoom, etc., in addition to normal telephone land lines. For cases that require in-person services, the Contractor shall present him or herself to the presiding official at least fifteen (15) minutes prior to the time at the place of designated hearings, or in no case later than the time required to set up all required equipment and be able to begin verbatim reporting at the designated time:

(2) At all times be governed by the instructions of the presiding official in matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character.

(3) Report everything spoken while a hearing is in session unless the presiding official directs an off-the-record discussion.

(4) Not omit from the record any part of a proceeding for which notes have been taken as required unless the presiding official so directs.

(5) Mark and number letter exhibits and arrange them in numerical or alphabetical order if directed to do so by the presiding official.

e. All work is to be performed by the Contractor at the Contractor’s site, and the Contractor is required to assure directly:

(1) That each reporter is fully aware of the assigned work situation, including the occasional need for extending a hearing session beyond the normal workday.

(2) That each reporter is aware of the additional compensation available to him or her when required to work beyond the normal workday.

(3) That the additional compensation is received by the Contractor’s reporters.

f. The Contractor shall furnish complete transcripts, which accurately reflect the full and complete verbatim record of the proceedings. When the presiding official determines that there are errors in the transcript, he/she may require the Contractor to correct the errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost to the Government.

g. The Contractor shall furnish transcripts that are legible. In the event the presiding official finds one or more copies of transcripts to be illegible, the Contractor shall correct and replace the same with acceptable copies within one (1) business day after receipt of notification from the presiding official and without additional cost to the Government.

h. The Contractor shall follow the below FORMAT REQUIREMENTS:

(1) Transcripts shall be prepared in accordance with National Court Reporting Association guidelines. Pagination of the transcript shall be in a single series of consecutive numbers regardless of the number of days of the proceeding. Pagination of the transcript of a continuation of the proceeding shall follow consecutively the paging of the previous session in the same proceeding unless otherwise directed by the presiding official. Page numbers are to be placed at the bottom center of each page.

(2) In the original and each copy of the transcript, the title page showing name, docket number, place and date of proceeding, appearances, location, etc., shall be preceded by a page or pages of distinctive color, indexing the witnesses and exhibits to the testimony. Each transcript shall include one complete cumulative index of witnesses and exhibits. The index shall indicate the page devoted to the testimony of each witness and shall identify the exhibits by number or letter (as marked) and show which party introduced each exhibit; give a brief description of the nature of the exhibit; and state the page on which the exhibit was marked for identification and the page on which the exhibit was admitted into evidence, rejected, or withdrawn.

(3) Electronic transcripts will be provided in the Adobe PDF format and be emailed to the

Contracting Officer Representative (COR) or designee that is identified at the time-of-service order. Electronic transcripts will adhere to all formatting requirements listed above.

2.1 TYPE OF RECORDING

Recordings shall be designated as Confidential. When a recording or any portion thereof is designated Confidential, the Contractor shall hold inviolate and in the strictest confidence any or all information which he/she may gain in the performance of his/her duties under this contract.

The Contractor shall not divulge, sell, or distribute any or all information gained at a confidential recording unless directed in writing by the presiding official.

2.2 DELIVERY SCHEDULE

a. An electronic PDF transcript of each sworn testimony shall be recorded within five (5) business days of the date of the last sworn testimony and be emailed to the COR and designated recipient during regular business hours (8:00am through 4:30pm EST, Monday through Friday, excluding Federal Holidays).

b. Expedited delivery of electronic transcripts, at the rates shown in the pricing schedule may be requested at the time-of-service request, provided that justification is provided by the requester, such as statutory time limits requiring expedited delivery for hearing completion.

c. If required by the presiding judge, hearing officer, statute, or regulation, mailing of hard copy transcripts requested for an additional fee as noted in the pricing schedule.

d. The Contractor will determine within a reasonable time, normally within 24 hours of the time the request for services was made, whether, or not a reporter will be available. If this determination is not received, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. The Department of Veterans Affairs will be the sole judge in determining when to order services from another source.

e. Regardless of whether the delivery ordered is regular or accelerated copies, if the Contractor fails to deliver the transcript to the Government within the applicable period prescribed, a reduction in price will be made as liquidated damages. The amount to be paid for the transcript will be reduced by two percent (2%) of the price for the transcript, computed at the rates set forth in this contract, for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the presiding official, up to a total of fifty percent (50%) of the transcript price. Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered to the applicable Facility. Failure to furnish a reporting service or delinquency in the delivery of a transcript is a default and subjects the Contractor to the default provision of this agreement.

2.3 PLACES OF PERFORMANCE: Hearings, boards, or testimony recordings will be transcribed through conference call with the Court Reporter online. In rare cases, when required by the judge, hearing officer or as required by statute, they may be required to take place at the following sites or designated location (justification must be included in the request for in-person court reporter):

Altoona VA Medical Center 2907 Pleasant Valley Blvd Altoona, PA 1660

Lebanon VA Medical Center 1700 South Lincoln Avenue Lebanon, PA 17042

VA Butler Healthcare 353 N. Duffy Rd.

Butler, PA 16001

Corporal Michael J. Crescenz VA Medical Center 3900 Woodland Avenue Philadelphia, PA 19104

Coatesville VA Medical Center 1400 Blackhorse Hill Road Coatesville, PA 19320

VA Pittsburgh Healthcare System University Drive Pittsburgh, PA 15240

Erie VA Medical Center 135 East 38th Street Erie, PA 16504

VA Hospital HJ Heinz Campus 1010 Delafield Rd.

Pittsburgh, PA 15215

Wilmington VA Medical Center 1601 Kirkwood Hwy Wilmington, DE

Wilkes-Barre VA Medical Center 1111 East End Blvd.

Wilkes-Barre, PA 18711

2.4 HOURS OF OPERATION: The Contractor shall be available on an as needed basis during

Medical Center operating hours of 8:00am to 4:30pm EST, Monday through Friday, excluding Federal holidays. If there is a need for work to be done after hours, the Government will make arrangements for the Contractor to have access. The Contractor will accommodate delivery of services during these after hours.

2.5 FEDERAL HOLIDAYS:

a. The following legal holidays will be observed: New Year’s Day, Martin Luther King’s Birthday, President’s Day, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday.

b. When one of the above designated legal holidays falls on a Sunday, the following Monday will be observed as a legal holiday. When a legal holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government agencies.

2.6 TYPE OF CONTRACT: This is an ID-Requirements Contract with an estimated minimum of 1 and no estimated maximum cases, hearings, or boards per year for each VA site.

2.7 PERIOD OF PERFORMANCE: This contract has one base year plus four option years. Orders against this contract will be placed on an as-needed basis.

2.8 TRAVEL EXPENSES: All travel expenses related to the provision of in- person stenography services will be the responsibility of the contractor.

3. GENERAL REQUIREMENTS

a. This is an on-demand, multi-service contract. When requested by the Requestion Official with the COR being copied, the Contractor shall provide one Certified Court Reporter for entirety of each AIB, Administrative hearings, EEO mediation, Human Resource hearings, etc. Contractor will receive at least five (5) calendar days’ notice for scheduling. Contractor will provide a Certified Court Reporter with in the five (5) calendar days. Requests for services submitted less than 5 calendar days prior to scheduled date, may be honored at the contractor’s discretion as resources may permit.

b. The requesting official will serve as the COR designee as the contractor’s POC for each administrative hearing, investigative board or proceeding. The Transcriptionist will take direction from the COR designee regarding who will provide testimony and when testimony has ended.

c. In the event of on-site reporting, the Contractor attending the case will be escorted. This must be coordinated with the COR before reporting to the site.

d. For on-site reporting, it is the responsibility of Contractor personnel to park in the appropriate designated parking areas. Parking information shall be coordinated with each facility COR designee. VA does not validate or make reimbursement for parking violations of the Contractor’s personnel under any circumstance.

4. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

The Contractor shall:

4.1 When called, provide the labor, expertise and equipment onsite at the VA sufficient to record sworn testimony, unless otherwise specified by the COR and POC that telephonic transcription is acceptable on a case-by-case basis. There will be no access to VA computers or IT Infrastructure.

4.2 Post recording of sworn testimony, the Contractor will provide an electronic transcript of each sworn testimony recorded within ten (10) business days of the date the last sworn testimony was recorded.

4.3 The VA will return any corrections noted in the original file within five (5) business days.

4.4 REPORTING REQUIREMENTS: The Contractor shall report as directed by the COR and will be ready to record sworn testimony as indicated in this PWS.

4.5 GOVERNMENT RESPONSIBILITIES: The Government shall be responsible for scheduling service with the Contractor during normal business hours 8:00am to 4:30pm EST. If there is a need for work to be done after hours, the Government will make arrangements for Contractor to have access. Note: There will be no access to VA computers or IT Infrastructure.

4.6 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS:

The COR is responsible for ensuring that all Contractors comply with physical security policies. A compliant ID badge must be worn by Contractors at all times while on VA premises.

Contractor owned computer equipment including laptops are not permitted to be connected to the VA network.

The Contractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

The following language from VA Handbook 6500.6 is required in this contract:

Appendix C: Paragraphs #3a, #6a, #7a, #7d, #9(all)

Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data

General, FAR 52.227-14(d) (1).

The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

Based on the determinations of the independent risk analysis, the contractor shall be responsible for paying to the VA liquidated damages in the amount of $______ per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and

(4) Successfully complete any additional cyber security or privacy training, as required for

VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

Contractor must complete “VA Privacy and Information Security Awareness and Rules of Behavior” training prior to the performance of the contract and annually thereafter. Training must be completed in VA’s TMS system (https://www.tms.va.gov/). Contractors must use the TMS Managed Self Enrollment method to complete the training in TMS. The COR must ensure that all contractors are validated in the PIH domain. Proof of training completion must be verified and tracked by the COR.

Records Management Language for Contracts

1. Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33;

Freedom of Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

2. Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

3. Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

4. Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information Act.

5. Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

6. The Government Agency owns the rights to all data/records produced as part of this contract.

7. The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

8. Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

9. No disposition of documents will be allowed without the prior written consent of the Contracting Officer. The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

10. Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

5. INVOICES

a. Payment will be made upon receipt of a properly prepared detailed invoice, prepared by the Contractor, validated by the Contracting Officer’s Representative (COR), All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests to:

Austin Payment Center Department of Veterans Affairs PO Box 149971 Austin, TX 78714-9971

b. A properly prepared invoice will contain:

• Invoice Number and Date Services Were Provided

• Contractor’s Name and Address

• Accurate Purchase Order Number

• Supply or Service Provided

• Name of the AIB Chair or Administrative Hearing POC

• Date of Final Transcript

• Total Amount Due

c. Invoices missing or inaccurately depicting any of the preceding information will result in the invoice(s) being rejected and returned for correction.

6. CONTRACT PERFORMANCE MONITORING

6.1 PERFORMANCE STANDARDS

Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Quality Assurance Service Plan (QASP.)

6.2 QUALITY CONTROL

a. Contractor shall maintain an accuracy rate of 100%, based on errors to lines. Errors are considered to be:

• Misspelled words

• Omitted materials

• Transposed letters or numbers

• Information located in the wrong field

• Entering material other than what is dictated

• Punctuation – if it changes the meaning of the sentence.

b. Failure to maintain the required accuracy rate shall be grounds for termination of this contract.

6.3 PERFORMANCE REQUIREMENTS SUMMARY

PERFORMANCE

OBJECTIVE

ACCEPTABLE

QUALITY

LEVEL

METHOD OF

PERFORMANCE

ASSESSMENT &

FREQUENCY

REMEDY

Contractor must provide legal transcription Services.

Each Contractor employee will be a Certified Court Transcriptionist ; 100% accuracy specified in section 3

Each Contractor employee will provide proof of certification when presenting for badging.

Contractor employees will not be allowed to perform any services without first demonstrating Certification.

Final transcripts will be provided within the allotted time specified in section 2.2

The COR and proceeding specific POC will monitor the submission dates for compliance.

Late submissions or incorrect format of the final transcription report will be reduced as follows:

The amount to be paid for the transcript will be reduced by two percent (2%) of the price for the transcript, computed at the rates set forth in this contract, for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the presiding official, up to a total of fifty percent (50%) of the transcript price.

Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered to the applicable Facility. Failure to furnish a reporting service or delinquency is the delivery of a transcript is a default and subjects the Contractor to the default provision of this agreement.