draft_pws.pdf

Performance Work Statement

31 August 2017

PERFORMANCE WORK STATEMENT

(PWS)

Fort Polk Equal Employment Opportunity

Court Reporting Services

PART 1

GENERAL INFORMATION

1. General: This is a non-personal services contract to provide court reporting and transcription. The Government will 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, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to perform court reporting services as defined in this Performance Work Statement except for those items specified as Government furnished property and services. The contractor shall perform to the standards in this contract.

1.2 Background: The Fort Polk Equal Employment Opportunity Office administers the EEO complaints process on Fort Polk, Louisiana and coordinates for court reporting and transcription services. Equal Employment Opportunity Commission (EEOC) Management Directive 110, 29 CFR 1614 and Army Regulation 690-600 require a verbatim transcript of the testimony provided by complainants and witnesses during EEO fact finding conferences.

1.3 Objectives: To obtain professional, competent court reporting services in order to accurately document EEO or other proceedings and fully comply with applicable laws and regulations listed in paragraph 1.2 above..

1.4 Scope: Court reporters shall record and transcribe proceedings of formal EEO fact finding conferences or other meetings. Reporters will be responsible for producing a verbatim written record of proceedings that are both timely and accurate. Reporters will attend in person and comply with industry standards of accuracy, impartiality, security and confidentiality of the proceedings.

1.5 Period of Performance: The period of performance shall be for one (1) Base Period of 12 months and two (4) 12- month option years.

The Period of Performance reads as follows:

Base Period Option Year I Option Year II Option Year III Option Year IV

1.6 General Information

1.6.1 Quality Control: Quality Control is the responsibility of the contractor. The contractor is responsible for the delivery of quality services/supplies to the Government (see FAR 52.246-1, Contractor Inspection Requirements).

The Contractor shall develop, implement and maintain an effective Quality Control System which includes a written Quality Control Plan (QCP). The QCP shall implement standardized procedure/methodology for monitoring and documenting contract performance to ensure all contract requirements are met. The Contractor’s’ QCP must contain a systematic approach to monitor operations to ensure acceptable services/products are provided to the Government.

The QCP, as a minimum, shall address continuous process improvement; procedures for scheduling, conducting and documentation of inspection; discrepancy identification and correction; corrective action procedures to include procedures for addressing Government discovered non-conformances; procedures for root cause analysis to identify the root cause and root cause corrective action to prevent reoccurrence of discrepancies; procedures for trend analysis and procedures for collecting and addressing customer feedback/complaints. The contractor shall upon request provide to the Government their quality control documentation. The Quality Control Plan must be provided to the KO with the proposal, then no later than thirty calendar days after contract is awarded. Any change to the QCP will require a new submission to the KO and COR within five working days of the change being made. After acceptance of the quality control plan, the KO will accept the contractor’s QCP in writing, acknowledging the proposed change to their QC system.

1.6.2 Quality Assurance: The Government will evaluate the contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan (QASP). This plan is a Government only document primarily focused on what the Government must do to assure that the contractor has performed in accordance with the requirements of the contract.

1.6.3 Federal Government Holidays: The contractor is not required to perform services on federal holidays. When a holiday falls on a Sunday, the following Monday will be observed as a holiday and when a holiday falls on a Saturday, the preceding Friday is observed as a holiday by U.S. Government Agencies.

New Years Day 1st day of January Martin Luther King Jr.'s Birthday 3rd Monday of January Presidents Day 3rd Monday of February Memorial Day Last Monday of May Independence Day 4th day of July Labor Day 1st Monday of September Columbus Day 2nd Monday of October Veterans Day 11th day of November Thanksgiving Day 4th Thursday of November Christmas Day 25th day of December

1.6.4 Hours of Operation: The contractor is responsible for conducting business between the hours of 7:30 AM to 5 PM, Monday through Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The contractor may be required to work outside the normal hours of operation should a court case run longer than expected. For other than firm fixed price contracts, the contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.5 Place of Performance: The work to be performed under this contract will be performed primarily at 7090 Alabama Avenue, Building 1454, Fort Polk, Louisiana. The contractor will be responsible for coordinating with the contracting officer (KO) prior to the start of a fact finding conference to confirm the date, time and location of the FFC. In rare instances, reporting may be required at other locations on the installation.

1.6.6 Type of Contract: The Government will award a Requirements "D" Type Award.

1.6.7 Security Requirements: (See 1.6.7.1.3) Contractor personnel (to include subcontractors) performing work under this contract must have a National Agency Check with Inquiries (NACI) and must maintain the level of security required for the life of the contract. The security requirements are in accordance with the attached DD Form 254, Department of Defense Contract Security Classification Specification.

1.6.7.1 Physical Security: The contractor shall be responsible for safeguarding all Government equipment, information and property provided for contractor use. At the close of each work period, Government facilities, equipment, and materials shall be secured.

1.6.7.1.1 Installation Physical Security

1.6.7.1.1.1. Contractor's must provide an access roster to Directorate of Emergency Services (DES), Physical Security Office of all employees monthly or when any personnel change occurs for access to Fort Polk. An access roster will also be furnished to the Security and Intelligence Division (S&ID), DPTMS quarterly or upon request.

Access rosters must be forwarded by the COR to the visitors control center using a specific format electronically from a government computer. All personnel employed under this contract will adhear to all Fort Polk access control policies which include, weapons registration, transportation of weapons on the installation, access control policies, use of installation passes and ID cards and the operation of motor vehicles.

1.6.7.1.1.2. A check of records through the National Crime Information Center (NCIC) Interstate Identification Index (III) is the Army minimum baseline background check for entrance onto Army installations for non-CAC holders to include entrance of visitors. Contractors will identity proof all employees using e-verify and ensure that no illegal immigrants are employed under the umbrella of this contract.

1.6.7.1.1.3. The contractor shall provide employees with company identification (ID) cards prior to their commencement of work. The ID format is subject to approval by the government. IDs shall be laminated and include the company's name, ID number, issue and expiration dates, employee name, job title and color photograph.

Employees shall wear the ID on front exterior clothing, above the waist, when performing under the Performance of Work Statement (PWS)/Statement of Work (SOW)/Statement of Objectives (SOO) unless otherwise specified herein or approved by the government.

All contractor vehicles shall be marked with 12” x 18” rectangle marked with “CONTRACTOR” and division sponsoring the contractor (i.e. DOIM, TACSS, CACTF).

1.6.7.1.1.4. Information Systems Security Plan. The contractor shall not be required to prepare an information systems security plan and will not have access to government systems at any time.

1.6.7.1.1.5. Key Control Plan. The contractor will not be issued keys to any government office, building or facility.

Contractors shall coordinate with EEO or other staff members to gain entry into buildings or facilities where conferences are to be held.

1.6.7.1.1.6. The contractor will not be responsible for Information Technology security training and will not access government computer systems at any time.

1.6.7.1.1.7. The contractor shall immediately notify the contracting officer representative when an employee terminates employment. The contractor shall ensure all ID cards or badges issued to employees are returned to them upon termination of employment, and the contractor will immediately notify the KO and COR of released employee names. The Contractor will prepare and submit updated employee rosters to the KO and COR to be furnished to the Directorate of Emergency Services and S&ID office. This should occur within two working days of the employee’s release from employment.

1.6.7.1.2 Installation Anti Terrorism /Force Protection (AT/FP)

1.6.7.1.2.1. Pursuant to DoD Instruction 2000.16, DoD Antiterrorism (AT) Standards dated October 2, 2006, each contractor employee requiring access to a federally controlled installation, facility and/or federally controlled information systems shall complete AT Level I awareness training on an annual basis and receive a certificate of completion. The training is accessible from any computer, and is available at the Joint Knowledge Online Learning Content Management System at http://jko.jten.mil/. To log in, see “Special Instructions” below. The contractor is responsible for ensuring that all employees have completed antiterrorism awareness training and shall certify that their workforce has completed the training through the submission of certificates of completion to the KO and the COR within five working days after contract award or prior to access to a federally-controlled installation or information system.

1.6.7.1.2.2.1 Special Instructions:

a. Use a search engine such as GOOGLE , and search for “Joint Knowledge Online” or “JKO” to begin the process. The browser address should look like http://jko.jten.mil . Once at the website follow the below instructions:

Clicks:

b. Select “No DoD CAC”

c. Then choose “I am a US mil, government civil servant, or contract employee”

d. Click on “I've been directed to take required training on JKO”

e. Click on “Courses”

f. Select “I do not have a .MIL, .GOV, or .NDU.EDU address or I am a Multi-National Student”

g. Fill out the contact sheet and email to sponsor. (This is the COR)

h. Sponsor will email to the JKO help desk. (This is the COR)

Approval Process:

a. Help desk sends non-CAC user an email with User ID

b. Help desk will send a separate email with an electronic token to register a new password (token is good for 24 hours)

c. New User follows the instructions in the email and enters a new password

d. User will need to enroll in Course # JS-US007-14 (User has up to 30 days to complete the course)

1.6.7.1.2.2. In the event that the automated system at http://jko.jten.mil/ is not available (e.g., server problems), Level I AT Awareness Training can be provided by a qualified instructor. However, if the training is not completed online, the Level I AT Awareness instructor qualification must be coordinated with the installation Antiterrorism Officer or (installation security equivalent) and the resultant name(s) of approved instructors shall be provided the contracting officer or designee along with all associated costs or schedule impacts to the contract.

1.6.7.1.2.3. Antiterrorism performance (Level I AT Awareness Training attendance and compliance) may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections.

Installation OPSEC

1.6.7.1.2.4. In accordance with AR 530-1, Operations Security (OPSEC), dated 19 April 2007, and DoDM 5205.02- M, DoD Operations Security (OPSEC) Program Manual, dated 03 November 2008, contract personnel shall receive initial OPSEC Level I training which consists of initial and continual awareness training. Within the first 30 days of arrival on Fort Polk contract personnel shall receive initial OPSEC training either by on-line training through the Fort Polk SharePoint OPSEC site on the intranet, or the Defense Security Services website at:

http://cdsetrain.dtic.mil/opsec/index.htm.

1.6.7.1.2.5. The contractor shall ensure all applicable employees have completed OPSEC initial training and annual refresher training and shall certify that their workforce has completed the training through the submission of completion certificate(s) to the Contracting Officer and the Contracting Officer's Representative (if appointed) within 30 days of arrival on post.

1.6.7.1.2.6. Operations Security (OPSEC) Awareness Training attendance and compliance may be documented as a performance metric under the resultant contract, and be part of past performance information in support of future source selections.

FORT POLK CONTRACT /HOMELAND SECURITY PRESIDENTIAL DIRECTIVE 12 (HSPD 12)

REQUIREMENTS

1.6.7.2.7. Requirements apply to any contract over 180 days in duration, or any contract where workers access our occupied buildings or require access to the government information systems.

1.6.7.2.8. All personnel hired under this contract who do not require a security clearance must have a favorable National Agency Check with Inquiries (NACI). The Contracting Officer Representative (COR) will ensure new hires complete a NACI through the Personnel Security Investigation Portal (PSIP) by initiating a request through S&ID no later than 15 days from the date of hire and completing the investigation (submission to OPM) within

30days. Personnel who require a security clearance must be processed by their company Facility Security Officer (FSO) or company Security Manager.

1.6.7.2.9. Instructions for completing the NACI process will be sent to the Project/Program Manager, Security Manager and the COR once the contract has been awarded and one of the above personnel notifies S&ID for the initiation. The contractor shall schedule fingerprinting appointments with S&ID. Personnel will not be able to work under this contract until the NACI has been submitted to PSIP as required. Personnel who do not receive a favorable NACI will not be allowed to perform services under this contract.

1.6.7.3.1. Employees who require a common access card and access to government information systems may be granted a computer waiver after the successful submission of the NACI through PSIP and a favorable fingerprint review by S&ID. Derogatory information on the initial review can result in the denial of the computer waiver. An unfavorable NACI will result in loss or denial of computer access and employment.

1.6.7.3.2. Key Control. No keys will be issued to the Contractor by the Government. The contractor is responsible for ensuring that employees have coordinated with EEO staff prior to commencement of the hearing to gain access to buildings or offices.

1.6.7.3.3. The Contractor shall prohibit the opening of locked areas by Contractor employees to permit entrance of persons other than Contractor employees engaged in the performance of assigned work in those areas, or personnel authorized entrance by the Contracting Officer.

1.6.8 Installation Access Control

1.6.8.1 Access Control: Procedures for commercial vehicle access to Fort Polk are subject to change without prior notice. Current access information may be obtained by calling Physical Security office at (337) 531-7756 or the Visitor Control Center at (337) 531-0380.

1.6.8.2 Security Searches/Checks: Contractor and Contractor employees are subject to security searches/checks.

Persons found in possession of firearms, ammunition, explosives, pyrotechnic devices, knives, other lethal weapons, or removing Government equipment, supplies, and/or food will be prosecuted and/or barred from the installation.

1.6.8.3 Compliance with Regulations: The Contractor and Contractor employees shall comply with all applicable Fort Polk regulations promulgated by the Commanding General, Fort Polk, LA, as well as all applicable Federal and State safety laws and security regulations. Applicable Post regulations including, but not limited to, fire, safety, sanitation, security, and firearms or other lethal weapons, will be made available to the Contractor upon request.

1.6.8.4 Instructions for Access: The following information is provided to assist in creating an access roster for personnel requiring access to Fort Polk.

1.6.8.4.1 Unescorted visitors must go to the Visitor Control Center (VCC) adjacent to the main gate located on Entrance Road to be vetted. There, the visitor will present their State issued drivers license. Once vetted, guests will be issued either a paper pass or a printed photo ID card for long term access not to exceed six months. Both the pass and the ID card will grant access at all Fort Polk Access Control Points. All personnel will still be required to be vetted through the Mobilisa handheld scanners.

1.6.8.4.2 Access Rosters: Personnel whose contracts exceed 180 days in duration are required to be processed for a CAC. Personnel whose contract is less than 180 days in duration will receive a personnel pass valid until the expiration of the contract or business venture date. Access Rosters are required to be submitted to the VCC for all contractor personnel. An example of an Access Roster can be provided by the VCC upon request. The roster is self explanatory, but at a minimum will contain the individual’s name, SSN, date of birth, contract number, duration of visit, and point of contact for access.

1.6.8.4.3 Access Rosters MUST be submitted for the contractor by the appointed Contracting Officer’s Representative (COR) or the designated Government Point of Contact. Any roster submitted by a commercial ISP

(example @yahoo.com, @gmail.com, etc) will not be accepted and must be verified through the Physical Security Office (337) 531-7756.

1.6.9 Special Qualifications: Court Reporters are required to possess and maintain professional certification as a court reporter. Reporters will be required to show proof they have taken and passed a Certified Electronic Court Reporter (CER) certification exam prior to commencing work.

1.6.10 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, Post Award Orientation. The Contracting Officer, 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.

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

1.6.11 Contracting Officer Representative (COR): The COR will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration. The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract; perform inspections necessary in connection with contract performance; maintain written and oral communications with the Contractor concerning technical aspects of the contract; issue written interpretations of technical requirements, including Government drawings, designs, and specifications; monitor Contractor's performance and notify both the Contracting Officer and Contractor of any deficiencies; coordinate availability of Government furnished property;

and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.

1.6.12 Key Personnel: The follow personnel are considered key personnel by the Government: Contract Manager and Alternate 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. The contract manager or alternate shall be available between 7:30 AM to 5 PM, Monday through Friday, except Federal holidays or when the Government facility is closed for administrative reasons.

1.6.13 Identification of Contractor Employees: The Contractor (to include subcontractors) shall provide each employee an Identification (ID) Badge, which includes at a minimum, the Company Name, Employee Name and a color photo of the employee. ID Badges for Key Personnel shall also indicate their job title. ID Badges shall be worn at all times during which the employee is performing work under this contract. Each Contractor (to include subcontractors) employees shall wear the ID Badge in a conspicuous place on the front of exterior clothing and above the waist except when safety or health reasons prohibit. The Contractor (to include subcontractors) shall be responsible for collection of ID Badges upon completion of the contract or termination of employee. A listing of issued identification cards shall be furnished to the Contracting Officer prior to the contract performance date and updated as needed to reflect Contractor and Subcontractor personnel changes. 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. When prime contractor or subcontractor personnel send e-mail messages as a part of contract performance (or otherwise relating to contract matters), each sender shall include his/her name (both first and last names), E-mail address and the name of the individual's employer.

1.6.14 Supervision of Contractor Employees: The Government will not exercise any supervision or control over Contractor or subcontractor employees while performing work under the contract. Such employees shall be accountable solely to the Contractor, not the Government. The Contractor, in turn, shall be accountable to the Government for Contractor or subcontractor employees.

1.6.14.1 Court reporters shall take no action on requests from individual investigators related to the type and number of transcript copies to be produced, and will forward any requests to their COR. The COR in turn will coordinate with the KO prior to any contractual changes.

1.6.15 Contractor Travel: The Contractor shall be required to travel to and from Fort Polk, Louisiana to perform work under this contract. The contractor shall include these costs as part of their Firm Fixed Price in their offer.

1.6.16 Other Direct Costs: Not applicable.

1.6.17 Data Rights: The Government has unlimited rights to all documents/material 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 Contracting Officer. 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.

1.6.18 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work 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 Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer 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 Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect 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.

1.6.19 Phase In /Phase Out Period: Not Used

1.6.20 Safety: This Safety SOW applies to all Contractors performing work on Fort Polk, regardless of the origin of the work.

1.6.20.1 The contractor shall have a Safety and Occupational Health Program implemented that is tailored to meet the safety requirements of the contract and associated tasks and products of the contract. Prior to commencement of work, this program will be documented in the contractor’s safety plan, and provided to the Garrison Safety Office at 7130 Pennsylvania Ave, Building 4209, Module D, Fort Polk, Louisiana 71459.

1.6.20.2 Army contractors shall be required to have a Safety and Occupational Health Program implemented that is tailored to meet the safety requirements of each contract and the associated tasks and products of that contract. This program shalll be documented in the contractor’s safety plan.

1.6.20.3 The Contractor shall protect the lives and health of its employees, government employees, and the public from its operations and those of its lessees, tenants, or subcontractors and comply with Federal, State, and local safety and health laws and regulations. The Contractor shall also protect government property.

1.6.21 Accident ReportingThe contractor shall report accidents/mishaps to the COR -- in addition the following should also be reported: (1) Injury or occupational illness to on-duty contractors.

(2) Damage to Government Furnished property provided to a contractor.

(3) Contractor accidents involving Army property and personnel.

1.6.21.1 The COR will inform the Garrison Safety Office of instances where the contractor has been notified to take immediate action to correct serious or imminent danger conditions.

1.6.21.2 The Garrison Safety Office as well as other Safety Personnel on Fort Polk reserves the right to perform visual inspections of the contractor’s and subcontractor’s job site. Any non compliance or violations will be reported to the COR.

1.6.22 Radiation Requirements for Contractor Operations

1.6.22.1 If the contractor possess any radioactive material or radiation producing equipment on post, The Contractor shall apply for Army Radiation Permits from the Garrison Safety Office in accordance with 32 CFR 655.10 prior to bringing radioactive material or operating radiation producing devices on-post.

1.6.22.2 The Contractor shall also apply to the GSO for changes to existing radiation permits supporting permit documents, including NRC or state licenses and subsequent amendments to those licenses.

1.6.22.3 The Contractor shall report accidents/incidents/thefts involving radioactive material to the GSO in accordance with 10 CFR 20. The Contractor will report accidents/incidents involving radiation-producing devices to the GSO in accordance with State regulation.

1.6.22.4 The Contractor shall ensure personnel who work with or around radioactive material or radiation producing devices receive initial and periodic radiation safety training commensurate with their duties. These training requirements shall be addressed in the contractor’s safety plan.

1.6.22.5 If the Contractor uses lasers, he shall implement the protection standards and controls for the safe use of lasers and laser systems as outlined in ANSI Z136.1-1993.

1.6.23 Sub Contracting/ Leasing Requirements

1.6.23.1 Before signing a lease or contract for any purpose the contractor shall inform lessees/subcontractors of their obligation to comply with Federal, State, and local safety and health laws and regulations. The contractor shall inform all lessees and subcontractors of all applicable safety requirements contained in this statement of work.

1.6.24 Emergency medical Treatment. Emergency medical treatment will be provided by the Bayne- Jones Army Community Hospital (BJACH) in order to prevent undue suffering or loss of life. Emergencies will be treated only during the period of emergency and appropriate action will be taken to discharge or transfer such patients as soon as the emergency period ends. Charges for medical care will be at the prevailing rate and at the Contractor's or Contractor employee’s expense.

1.6.25 Fire Prevention. The Contractor shall comply with fire prevention practices as set forth by the National Fire Protection Association in the National Fire Code and Joint Readiness Center and Fort Polk Regulation 420-5, “Fire Prevention and Protection Program.”

1.6.26 Removal of Contractor Personnel. The Government reserves the right to require removal of any Contractor personnel from the job site who endanger persons or property, or whose continued employment is inconsistent with the interest of military security. The Government also reserves the right to require the Contractor to remove from the job site any employee found to be under the influence of alcohol, drugs or any other incapacitating agent or any employee involved in the theft of Government property. Contractors found to be sleeping or otherwise inattentive, failing to capture proceedings as they occur, or behaving in a disruptive manner during proceedings will be removed at the judgment of the government. The reporter who is removed will not return to the job that day without approval by the COR, and removal from the job site of such personnel shall not relieve the Contractor of the requirement to provide replacement personnel to perform services.

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACT ADMINISTRATOR. The official Government representative delegated authority by the Contracting Officer to administer a contract. This individual is normally a member of the appropriate Contracting/Procurement career field and advises on all technical contractual matters.

2.1.2. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or services to the Government. The term used in this contract refers to the prime.

2.1.3. CONTRACTING OFFICER. A person with authority to enter into, administer, and/or terminate contracts, and make related determinations and findings on behalf of the Government. Note: The only individual who can legally bind the Government.

2.1.4. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S.

Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.5. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the Performance Work Statement.

2.1.6. DELIVERABLE. A written transcript of the EEO proceedings.

2.1.7. GOVERNMENT-FURNISHED PROPERTY (GFP) OR GOVERNMENT PROPERTY (GP). Property in the possession of, or directly acquired by, the Government and subsequently made available to the Contractor.

2.1.8. 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 Key Personnel listed in 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.

2.1.9. PHYSICAL SECURITY. Actions that prevent the loss or damage of Government property.

2.1.10. QUALITY ASSURANCE. The Government procedures to verify that services being performed by the Contractor are acceptable in accordance with established standards and requirements of this contract.

2.1.11. QUALITY ASSURANCE SPECIALIST. An official Government representative concerned with matters pertaining to the contract administration process and quality assurance/quality control. Acts as technical advisor to the Contracting Officer in these areas.

2.1.12. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.13. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.14. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.15. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.16. WORK WEEK. Monday through Friday, except for Federal holidays unless specified otherwise.

2.2. ACRONYMS:

ACOR Alternate Contracting Officer's Representative AFARS Army Federal Acquisition Regulation Supplement AR Army Regulation CFR Code of Federal Regulations CMR Contract Manpower Reporting CONUS Continental United States (excludes Alaska and Hawaii) COR Contracting Officer Representative COTR Contracting Officer's Technical Representative COTS Commercial-Off-the-Shelf DA Department of the Army DD254 Department of Defense Contract Security Requirement List DFARS Defense Federal Acquisition Regulation Supplement DOD Department of Defense FAR Federal Acquisition Regulation HIPAA Health Insurance Portability and Accountability Act of 1996 KO Contracting Officer OCI Organizational Conflict of Interest OCONUS Outside Continental United States (includes Alaska and Hawaii) ODC Other Direct Costs PIPO Phase In/Phase Out POC Point of Contact PRS Performance Requirements Summary PWS Performance Work Statement QA Quality Assurance QAP Quality Assurance Program QASP Quality Assurance Surveillance Plan QC Quality Control QCP Quality Control Program TE Technical Exhibit

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3. GOVERNMENT FURNISHED ITEMS AND SERVICES:

3.1.

3.2 Facilities: The Government will provide a table and chair for reporters to set up transcription equipment.

Restroom facilities will also be provided. Heating and cooling will normally be provided; in the event that heating or cooling are not available, the government will determine if proceedings will continue. Lack of heating or cooling shall not relieve the Contractor of the requirement to provide personnel to perform services.

3.3 Utilities: All utilities in the facility will be available for the contractor’s use in performance of tasks outlined in this PWS. The Contractor (to include subcontractors) shall instruct employees in utilities conservation practices.

The contractor shall be responsible for operating under conditions that preclude the waste of utilities, which include turning off the water faucets or valves after using the required amount to accomplish cleaning vehicles and equipment.

3.4 Equipment: The government will also allow the use of telephones for communication with the contract manager or short personal calls when needed, not to exceed ten minutes per day. The contractor is solely responsible for providing, setting up and removing their own recording equipment and equipment shall be removed from government facilities no more than one hour after the close of conferences.

3.5 Materials: Reserved.

CONTRACTOR FURNISHED ITEMS AND SERVICES

4. CONTRACTOR FURNISHED ITEMS AND RESPONSIBILITIES:

4.1 General: The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS.

4.1.1 Certification Requirements: The Contractor (to include subcontractors) performing court reporting and transcription services must possess a current certification by the American Association of Electronic Reporters and Transcribers (AAERT) or any other national or state recognized association or organization authorized or licensed to provide education and certification for professionals engaged in digital reporting and transcribing a verbatim record of oral proceedings when providing services to Fort Polk. The final decision to accept a certification will be made by the KO. An Electronic Court Reporter must adequately perform his/her duties by ensuring a proper recording is being made. They must attend the proceeding in person and record verbatim by shorthand or mechanical means in accordance with the Judiciary Guide, Volume 6. Court reporters are not required to be notaries nor do they need to provide oaths.

4.2 Reserved..

4.3. Reserved.

4.4. Equipment: The Contractor shall provide recording equipment that is in working order. The contractor is solely responsible for providing equipment necessary to accurately capture verbal testimony and playback capability. The reporter may make annotations to aid in the production of the transcript from the audio recording and must be able to quickly find the location of specific passages in the recording for review and playback as may be necessary. If a contractor’s laptop is used, it may not be connected to the Government’s Local Area Network (LAN) at any time, for any reason without prior coordination with the COR.

SPECIFIC TASKS

5. SPECIFIC TASKS:

5.1. Basic Services. The contractor shall provide court reporting and transcription services on “as ordered” basis for:

5.1.1. EEO Fact Finding Conferences (FFC) testimony and investigations;

5.1.2 EEO testimony and investigations;

5.1.3 Providing additional copies of testimony either in hard copy or digital format; digital formats of final deliverables include Microsoft Word documents or Adobe (PDF) documents. The government reserves the right to determine the digital format required for each order, and it is the responsibility of the contractor to provide files in a format recognizable by the government.

5.1.4 Providing special materials such as CD’s, transcribing of Video Teleconference, compressed transcripts, consecutive Bates numbering and all-word indexing.

5.2. Deliverables.

5.2.1. Unless otherwise stated, testimony shall be typed in an original and delivered within the time frames set forth below. All EEO proceedings must conform to Volume 6 of the Judiciary Policies and Procedures Guidelines. All EEO transcripts shall contain a title page stating the investigating agency’s name, the complainant’s name and agency docket number, the date and location of the FFC, the name of the investigator and court reporter and the Contractor’s name, business address, telephone and fax numbers. Page 2 of the title page shall be titled “Appearances” and shall include the name, address and email address of the investigator and agency representative, the complainant’s attorney or non-attorney representative (if applicable), the name and contact information for the complainant, and the name of the court reporter. The following page(s) shall be the Index and shall list the witnesses in order of appearance and shall give a numerical reference to the page on which their testimony commences. Every page of the transcript shall include the name of the complainant, the date of the FFC and the name of the Contractor. All pages shall be consecutively numbered. Each line of text shall be consecutively numbered and lines shall be double spaced.

5.2.2. Timelines.

5.2.2.1 Regular Transcripts shall be delivered to the COR on or before the 5th calendar day after the performance of work. The first day after services are provided will be considered the first day.

5.2.2.2 Additional copies of transcripts shall be provided to the COR, as authorized by the Contracting Officer, within the same time frames set forth in Paragraph 5.2.2.1 above. The Government reserves the right to copy and distribute to anyone transcripts purchased from the Contractor.

5.2.2.3 All transcripts will include compressed page and all word indexing.

5.2.2.4 A Compact Disc version will be made available by the contractor dependent on the Call Order (CO) requirements. Copies of the CD will be provided to the EEO office as specified in the Call Order.

5.2.2.5 Failure to Deliver: Failure to deliver transcripts within the time frames established above may result in the COR issuing a Contract Discrepancy Report or a deduction to payment in accordance with the Performance Requirements Summary.

5.3 Scheduling Court Reporter for Attendance at EEO Proceedings:

5.3.1 Call Orders. The Contracting Officer will issue a CO to the Contractor, notifying them of the requirement for attendance before the scheduled FFC. While not ideal, notification can occur as late as after 5 PM on the day prior to the event. At time of notification, the Contractor shall be provided a Call Order which authorizes the necessary work to be performed.

5.3.1.1 The Contractor shall reply in writing to the Contracting Officer and COR, stating the name of the reporter who is to be in attendance. In the event the Contractor notifies the EEO Office that the Call Order cannot be met, the EEO office may obtain court reporter services from a source other than the Contractor, without penalty. Should any change in reporter be needed, the contractor shall communicate that to the COR or EEO staff before or during the FFC.

5.3.2 Cancellation Fee – Should a proceeding be cancelled, the Government will notify the Contractor by telephone of such cancellation prior to 5PM the workday prior to the day of the proceeding. In the event a proceeding is cancelled after 5PM of the day prior and the reporter arrives as ordered, a cancellation fee will be paid. This fee is payable to the Contractor as a one-time charge whenever a proceeding is cancelled within a timeframe shorter than that required and the reporter actually appears at the original time and place designated. In no event shall a cancellation fee be paid to the Contractor if they do not physically show up for a requirement, and a case does not materialize.

5.3.3 Ordering EEO Transcripts: When the Government requires all or a portion of a testimony of a witness, a Call Order shall be provided to the Contractor. The transcript shall not be prepared or provided unless the Contractor has received the Call Order.

5.3.4 Delivery of EEO Transcripts: EEO Transcripts shall be mailed to:

EEO Office 7090 Alabama Avenue, Bldg 1454

Fort Polk, Louisiana 71459

5.3.5 EEO Appearance Fees:

The Contractor shall be compensated at an hourly rate for the actual hours the appointed reporter appears at a scheduled EEO session. The minimum EEO appearance fee payable for any EEO session shall be two (2) hours.

This appearance fees item shall be inclusive of any other fees just to appear or be present for the fact finding conference.

5.3.6 Additional Copies of Transcript:

Additional copies of transcripts shall be provided to EEO when ordered, within the same time frames set forth in Paragraph 5.2.2.1 above. The requiring activity will be responsible for sending duplicate transcripts to the complainant’s attorney or non-attorney representative, and seeking compensation from the complainant’s attorney or non-attorney representative.

5.3.7 Cancellation Fee – Shall be charged in the same manner as in a FFC, in accordance with Paragraph 5.3.2 above.

5.3.8 Delivery of Transcripts: Transcripts shall be delivered as instructed in Paragraph 5.3.4 unless otherwise specified in the Call Order.

5.3.9 Reserved.

5.4 Recording Requisites: Recording shall be taken by reporters qualified in the operation of equipment provided by the contractor. This may be a combination of methods, provided that the reporter is able to obtain accurate testimony. The type of equipment used shall have accurate playback capability and a back-up system must be utilized. Tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape.

5.4.1 Monitored Multi-Microphone Recording Systems: The Contractor's personnel shall operate and monitor the recording equipment at all times. The operating personnel shall provide to the investigator prior to the commencement of each proceeding, a certification that the equipment is turned on and operating. The recording equipment utilized shall provide for the instant playback of testimony. The equipment shall be capable of recording as many as ten witnesses together in one room, including the investigator and agency representative. The system utilized shall have a back-up system to allow continuous recording of speakers. The FFC shall not be stopped for any reason such as the changing of a tape. The recording shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers. The system shall be portable to allow for transportation of equipment to another location when a decision is made by the KO or COR. The recording monitor shall be able to identify speakers. A back-up system shall be available so as not to delay the proceedings. The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason.

5.4.2 Steno-mask Recording. In the event steno-mask recording is permitted, the respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice and the equipment shall contain simultaneous playback, listening, and pre-amplification.

5.4.3 Real Time Recording. The steno machine is attached to the computer. As the stenographer types, words are translated into English onto the screen.

5.4.4. Computer Aided Transcription (CAT). With this type of system, the stenographer strikes a key which is written onto a disk. The disk is inserted into an attachment to the computer and the information is brought up on the computer screen. A back-up voice tape shall be made so that a re-verification can be made of the transcript.

5.4.5 The Contractor or duly authorized employee, agent, or representative of the Contractor shall present him/herself to the person in charge of the proceedings and shall at all times be governed by the instructions of the investigator in matters affecting composition of the record, adjournment to other times or places, and matters of such character.

5.4.6 Work products under this contract shall be taken by a reporter who is a duly appointed notary for the State in which the deposition is taken. No separate fee may be charged for notary services rendered, administering the oath, or affixing the appropriate seal/stamp. Reporters are required to comply with Rule 30(e) of the Federal Rules of Civil Procedure, which provides in pertinent part as follows:

1. The Contractor shall only give the requiring activity their work product in accordance with the Call Order. The Government may choose to present contractor end work products to the witness. The contractor shall not provide any work products to anyone except the requiring activity of this award.

2. The reference cited above is part of Title 28, United States Code, which is available for review in public libraries.

5.4.7 Everything spoken pertaining to the subject matter shall be reported, unless the Investigator directs otherwise.

No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Investigator so directs.

5.4.8 All notes, records, documentary exhibits, and any other material, which are a part of, or relates to,…