PWS - Court Reporter.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR

Court Reporter Services

1.0 General:

1.1 Scope: The contractor shall provide all personnel, equipment, tools, materials, supervision, and quality control necessary, except as specified in Paragraph 3.0 as Government Furnished, to perform Court Reporter Services, as defined in this PWS.

1.1.1 Objectives: To provide court reporter services during an administrative discharge board hearing and to produce an official verbatim transcript of the administrative discharge board hearing, hereinafter referred to as the Record of Board Proceedings.

1.2 Background: Government has a legal requirement for a court reporter to be present during an administrative discharge board hearing to produce a verbatim record of board proceedings when the recommended service characterization is under other than honorable conditions. If the active component or NGB cannot provide a court reporter, the unit is required to contract civilian services. IAW DAFI 36-3211, Para 10.4.1.

1.3 Anticipated Period of Performance (PoP): The anticipated Period of Performance shall be 2 days not to exceed 3 days.

1.4 General Information:

1.4.1 Place and Performance of Services: The contractor shall provide services between the hours of 0700-1600 on 03 Feb 2024 – 04 Feb 2024, except on recognized US holidays or when the Government facility/installation is closed due to local or national emergencies, administrative closings, or similar Government-directed facility/installation closings. Performance shall be at SFS Conference room, Building 172, at Kingsley Field, Klamath Falls, Oregon. The contractor shall at all times maintain an adequate work force for the uninterrupted performance of all tasks defined within this PWS when the Government facility/installation is not closed for the above reasons. When hiring personnel, the contractor shall keep in mind that the stability and continuity of the work force are essential.

1.4.1.1 Telework: The Government does not permit the contractor to telework in support of this requirement. In furtherance of Continuity of Operations Planning (COOP), a telework program may be enacted to ensure that the Government's mission-critical operations stay operational during times of national emergency or incidents of national significance. Telework shall be at no additional cost to the Government.

1.4.1.2 Unscheduled gate closures by the Security Police 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 are not compensated for unexpected closures or delays. Vehicles operated by contractor 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 employee’s installation driving privileges.

1.4.1.3 The contractor’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 employees should only enter restricted areas when required to do so and only upon prior approval. All contractor employees shall carry proper identification with them at all times and shall be subject to such checks as may be deemed necessary. The contractor shall ensure compliance with all regulations and orders of the installation, which may affect performance. The Government reserves the right to direct the removal of an employee from Government property or revoke access to Government systems for misconduct, security reasons, or any overt evidence of communicable disease. Removal of contractor employees for reasons stated above does not relieve the Contractor from responsibility for total performance of this contract.

1.4.2 Recognized Holidays: The following are recognized United States (US) holidays. The contractor shall not perform services on these days:

1.4.2.1 New Year’s Day: January 1st

1.4.2.2 Martin Luther King, Jr.’s Birthday

1.4.2.3 President’s Day

1.4.2.4 Memorial Day

1.4.2.5 Independence Day: July 4th

1.4.2.6 Labor Day

1.4.2.7 Columbus Day

1.4.2.8 Veteran’s Day: November 11th

1.4.2.9 Thanksgiving Day

1.4.2.10 Christmas Day: December 25th

1.4.3 Quality Assurance (QA): The Government will 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 will do to ensure that the contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and acceptable quality level(s) or defect rate(s).

1.4.4 Access and General Protection/Security Policy and Procedures. The contractor shall comply with all applicable installation/facility access and local security policies and procedures, which may be obtained from the Contracting Officer’s Representative (COR). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the local installation’s Security Forces, Director of Emergency Services, or local Security Office. The contractor shall ensure compliance with all personal identity verification requirements as directed by DoD, Headquarters Air Force (HAF) and/or local policy. Should the Force Protection Condition (FPCON) change, the Government may require changes in contractor security matters or processes.

1.4.5. Communications Security/Information Technology (COMSEC/IT) Security. All communications with DoD organizations are subject to COMSEC review. All telephone communications networks are continually subject to intercept by unfriendly intelligence organizations. DoD has authorized the military departments to conduct COMSEC monitoring and recording of telephone calls originating from, or terminating at, DoD organizations. Therefore, the contractor is advised that any time contractor personnel place or receive a call they are subject to COMSEC procedures. The contractor shall ensure wide and frequent dissemination of the above information to all employees dealing with DoD information. The contractor shall abide by all Government regulations concerning the authorized use of the Government's computer network, including the restriction against using the network to recruit Government personnel or advertise job openings.

1.4.5.1 Use of Government Information Systems (IS) and access to Government networks is a revocable privilege, not a right. Users are the foundation of the DoD strategy, and their actions affect the most vulnerable portion of the Air Force Infostructure. Contractor employees shall have a favorable background investigation or hold a security clearance and access approvals commensurate with the level of information processed or available on the system. Contractor employees shall:

1.4.5.2 Comply with the command's Acceptable Use Policy (AUP) for Government owned IS and sign an AUP prior to or upon account activation.

1.4.5.3 Mark and safeguard files, output products, and storage media per classification level and disseminate them only to individuals authorized to receive them with a valid need to know.

1.4.5.4 Protect IS and IS peripherals located in their respective areas in accordance with physical security and data protection requirements.

1.4.5.5 Practice safe network and Internet operating principles and take no actions that threaten the integrity of the system or network.

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

1.4.7 Special Qualifications: The contractor shall ensure all employees be Certified Shorthand Reporter (CSR) certified in the performance of this contract. This does not include education or other qualifications for the position in which the contractor employee is performing, dress codes, or other information. (NOTE: The Government does not provide training to contractors. Contractors must ensure that any personnel performing under a contract are fully trained, licensed, certified, and otherwise qualified to provide services.)

1.4.8 Post Award Conference/Periodic Progress Meetings: The contractor agrees to attend any post award conference convened by the KO in accordance with FAR 42.5. The KO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contactor’s performance. At these meetings, the KO will apprise the contractor of how the Government views the contractor’s performance and the contractor shall apprise the Government of problems, if any, being experienced. The contractor shall resolve outstanding issues raised by the Government. Contractor attendance at these meetings shall be at no additional cost to the Government.

1.4.9 Contract Manager (CM): The contactor shall designate a CM who shall ensure performance under this contract. The name of this person, and an alternate who shall act for the contractor when the CM is absent, shall be designated in writing to the KO. The CM or alternate shall have full authority to act for the contractor on all contract matters relating to daily operation of this contract. The CM shall work through the KO, to resolve issues, receive technical instructions, and ensure adequate performance of services. The CM shall ensure that contractor employees do not perform any services outside the scope of the contract without an official modification issued by the KO. The CM shall ensure contractor employees understand that services performed outside the scope of the contract are performed wholly at the expense of the contractor.

1.4.10 Identification of Contractor Employees: All contractor 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 that they are Government employees. The contractor shall ensure that all documents or reports produced by contractor personnel are suitably marked as contractor products or that contractor participation is appropriately disclosed. The contractor’s status as a “contractor” shall be predominantly displayed in all correspondence types (to include signature blocks on e-mail) and dealings with Government or non-Government entities. Contractor personnel shall wear identification badges distinguishing themselves as such. The badges shall have the company name, employee name and the word “contractor” displayed.

1.4.10.1 The contractor shall retrieve all identification media (including vehicle passes) from its employees who depart employment for any reason. The contractor shall return all identification media (i.e., badges and vehicle passes) to the KO within 14 days of an employee’s departure.

1.4.11. Combating Trafficking in Persons: The United States Government has adopted a zero-tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not engage in severe forms of trafficking in persons during the period of performance of the contract; procure commercial sex acts during the period of performance of the contract; or use forced labor in the performance of the contract. The Contractor shall notify its employees of the United States Government’s zero tolerance policy, the actions that will be taken against employees for violations of this policy. The contractor shall take appropriate action, up to and including termination, against employees or subcontractors that violate the US Government policy as described at FAR 22.17.

1.4.12 Contractor Travel: The contractor shall travel to Kinglsey Field, Klamath Falls, OR 97603 during the performance of this contract to attend the Administrative Discharge Board Hearing.

The contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires COR recommendation for approval and/or authorization by the KO prior to travel arrangements being made.

1.4.13 Data Rights. The Government has unlimited rights to all documents/materials produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the contractor without written permission from the KO. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.

1.4.14 Organizational Conflicts of Interest (OCI): The contractor and subcontractor personnel performing services under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications, or work statements, etc.) or perform evaluation services which may create a current or subsequent OCIs, as defined in FAR Subpart 9.5. The contractor shall notify the KO immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the KO to avoid or mitigate any such OCI. The contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the KO. In the event the KO unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the KO may impose other remedies as he or she deems necessary, including prohibiting the contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.4.15 (RESERVED)

2.0 Definitions and Acronyms:

2.1 Definitions:

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

2.1.2 Defective Service: A service output that does not meet the standard of performance associated with the PWS.

2.1.3 Deliverable: Anything that can be physically delivered and includes non-manufactured things such as meeting minutes or reports.

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

2.1.5 Physical Security: Actions that prevent the loss or damage of Government property.

2.1.6 Quality Assurance: The Government procedures to verify that services being performed by the Contractor are performed according to acceptable standards.

2.1.7 Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.8 Quality Control: All necessary measures taken by the Contractor to ensure that the quality of a product or service shall meet contract requirements.

2.1.9 Subcontractor: One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.2 Acronyms:

3.0 Government Furnished Property, Material, Equipment and Services (GFP/M/E/S): The Government will provide the property, material, equipment, and/or services listed below solely for the purpose of performance under this contract:

3.1 Property: The Government will furnish the necessary workspace for the contractor to perform services outlined in this PWS to include desk space (desk and chair).

3.2 Materials: The Government will furnish documentation/ exhibits from the Administrative Board Hearing to the contractor needed to perform services outlined in this PWS.

3.3 Equipment: N/A

3.4 Services: The Government will furnish Wi-Fi if required by the contractor. The Government will furnish access to and use of electrical outlets at desk space provided to the contractor.

3.5 Utilities: All utilities in the facility will be available for the contactor’s use in the performance of this contract. The contractor shall instruct employees in utilities conservation practices. The contractor shall operate under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount.

4.0 Contractor Furnished Property, Materials, and Equipment (CFP/M/E): The contractor shall provide the necessary property, materials, and equipment required to conduct court reporting services on site, which may include, but not limited to, stenography machines, computers, microphones, video, and audio recording devices.

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

4.2 (RESERVED)

4.3 (RESERVED)

5.0 Requirements: The contractor shall:

5.1 Attend Administrative Discharge Board Hearing at Kingsley Field, Oregon on 03 Feb 2024 at 0700 to approximately 1600. Attend Administrative Discharge Board Hearing at Kingsley Field, Oregon on 04 Feb 2024 at 0700 to approximately 1600. Depart Kingsley Field, Oregon at the conclusion of the Administrative Discharge Board Hearing on or about 04 Feb 2024 at 1600.

5.1.1 Contractor shall provide in-person court reporter services for the entire duration of an administrative discharge board hearing located at Kingsley Field, Oregon which is expected to last two full days, consecutively. Contractor shall be available to be at Kingsley Field, Oregon to provide services between the hours of 0700-1600 on 03 Feb 2024 – 04 Feb 2024. Contractor shall bring all equipment to the administrative discharge board hearing necessary to carry out their duties, minus desk space, electricity, and Wi-Fi. At the conclusion of the administrative discharge board hearing, contractor shall produce an official verbatim transcript known as a Record of Board Proceedings, of the administrative discharge board hearing. Contractor shall provide to the 173 FW/JA a copy of the Record of Board Proceedings within 14 business days from the conclusion of the administrative discharge board hearing. Contractor shall be available to make any needed corrections to the Record of Board Proceedings as required by the Government.

5.2 At the contractor’s primary place of business, contactor shall prepare, draft, and finalize an official verbatim transcript of the Administrative Discharge Board Hearing, known as the Record of Board Proceedings, and deliver the Record of Board Proceedings to the 173 FW/JA via secure electronic means within 14 business days from the conclusion of the Administrative Discharge Board Hearing.

5.3. Contractor shall be available to make any corrections necessary to the Record of Board Proceedings if said corrections are required by the Government. These corrections will be made at no additional charge to the Government.

5.4 Contractor shall retain all notes created by contractor of the Administrative Discharge Board Hearing until all action in the case is final. 173 FW/JA will let contractor know when contractor may dispose of/ destroy notes from the Administrative Discharge Board Hearing.

5.X (RESERVED)

5.X.1 (RESERVED)

5.X.2 (RESERVED)

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

Publication (Chapter/Page)

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

Defense Federal Acquisition Regulation Supplement http://www.acq.osd.mil/dpap/dars/dfarspgi/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/issuances/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

https://www.esd.whs.mil/Directives/issuances/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/issuances/dodi/

Homeland Security Presidential Directive (HSPD)-12 Policy for a Common Identification Standard for Federal Employees and Contractors 08/27/2004 https://www.dhs.gov/homeland-security-presidential-directive-12

DoDI 5400.11 Department of Defense Privacy and Civil Liberties Programs 01/29/2019 https://www.esd.whs.mil/Directives/issuances/dodi/

DoD 5400.11-R Department of Defense Privacy Program 05/14/2007 https://www.esd.whs.mil/Directives/issuances/dodm/

DoDD 8140.01 Cyberspace Workforce Management

10/05/2020 https://www.esd.whs.mil/Directives/issuances/dodd/

DoD 8570.01-M Information Assurance Workforce Improvement Program 12/19/2005 (Change 4: 11/10/2015) https://www.esd.whs.mil/Directives/issuances/dodm/

DoD 5220.22-M National Industrial Security Program Operating Manual (NISPOM) 02/28/2006 (Change 2: 05/18/2016) https://www.esd.whs.mil/Directives/issuances/dodm/

AFI 10-245

Antiterrorism 03/28/2013 (Certified current 03/30/2017) https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=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&catID=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&catID=1&series=-1&modID=449&tabID=131

AFPD 17-1

Information Dominance Governance and Management 04/12/2016 https://www.e-publishing.af.mil/Product-Index/#/?view=pubs&orgID=10141&catID=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&catID=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&catID=1&series=-1&modID=449&tabID=131

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

DD 1172-2

Application for Identification Card/DEERS Enrollment

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/ddforms0001-0499.htm

DD 250

Material Inspection and Receiving Report

TECHNICAL EXHIBIT 1

Performance Requirements Summary (PRS)

TECHNICAL EXHIBIT 2

Deliverables Schedule

Ver. January 2021