STATEMENT OF WORK



STATEMENT OF WORKDepartment of LaborOffice of Workers’ Compensation Programs (OWCP) Division of Federal Employees’ Compensation (DFEC) Court Reporting/Transcription Services*Note that this sample has been revised from the source document on the Government Point of Entry as necessary to align formatting and applicable FAR procedures.* 1.0 BACKGROUND INFORMATIONThe Department of Labor (DOL) Division of Federal Employees’ Compensation (DFEC), Office of Workers’ Compensation Programs (OWCP), Branch of Hearings and Review (Branch) is responsible for administering the Federal Employees’ Compensation Hearings and Review Program as authorized by 5 U.S. Code 8124 and 5 U.S. code 8128. It directs the Federal Employees’ Compensation Act (FECA) Hearings and Review Program in such a manner as to best ascertain the right of each claimant and to protect the interest of both the claimant and the Federal Government.The FECA provides workers' compensation coverage to approximately three million federal and postal workers around the world for employment-related injuries and occupational diseases. The DFEC is responsible for the adjudication of FECA claims. The Branch is one of the appellate venues available to Federal employees who disagree with adverse decisions issued by the DFEC. If an appeal is timely requested, the Branch will grant an in-person oral or video hearing, or a telephone hearing to a claimant who wishes to exercise his or her appeal rights. If a review of the written record is preferred by the claimant, one will be granted if timely requested. For FY2016, the Branch processed approximately 6000 appellate requests.2.0 OBJECTIVESThis Statement of Work (SOW) details work to be performed in support of the Branch recording of hearings. The Contractor shall provide verbatim transcription of all assigned hearings throughout the USA and its territories, and provide these transcripts to the Branch in a timely manner. The Contractor shall provide sufficient personnel, in number, training, experience and qualifications to perform the work described herein.The Government anticipates work under this SOW shall be performed in numerous areas throughout the country, with roughly between 3000 and 3500 hearings being conducted per year. However, this is only an estimate. The Government anticipates over 20% of these reporting services will be required in the following cities (for which the Contractor shall provide local support). The following cities are not intended to be a comprehensive list of possible location for hearings; rather it is a summary of the most likely areas needing support:Boston, MA Chicago, ILNew York, NY Philadelphia, PA San Francisco, CA Washington, DCHearings conducted in cities other than those listed above have been converted to telephonic hearings in the majority of circumstances; however, situations may arise on an ad hoc basis in other cities not listed that require hearings.In addition this requirement includes telephonic hearings from the Contractor’s site at an average of 3300 per year.CONTRACTOR TRAVEL:The Contractor shall perform travel, as required, to attend hearings as necessary to perform the tasks described in this SOW. However, minimum travel is anticipated. All travel shall be consistent with the Federal Travel Regulations, FAR 31.205-46, and the limitations stated in the contract. All travel must be approved in advance by the COR.QUALITY CONTROL:The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Plan is to be delivered with the Contractors’ proposal. After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed changes to the QC system.1.5. QUALITY ASSURANCE:The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).1.6 TYPE OF CONTRACT: The Government anticipates the award of a single Blanket Purchase Agreement (BPA). Task Orders will be issued as FFP.The Contractor shall ensure adequate resources are dedicated to satisfy the requirements of task orders including, but not limited to, furnishing the necessary personnel, material, and services as required. In addition, inherent in providing these goods and services, the Contractor shall provide the supervision and management effort necessary for efficient and effective administration and control of work performed under the contract.During the contract period, the Government shall place orders totaling a minimum of $1,000.00. This reflects the contract minimum for the entire period of performance, including any options. The BPA maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of TBD.Other direct costs, such as travel shall be negotiated on a per task order basis.The Contractor will be reimbursed in accordance with the price schedule for each task order for satisfactory performance of the work.1.7 SECURITY REQUIREMENTS:Contractor personnel are required to conform to DOL's security and privacy requirements as described below.1.7.1 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any subcontractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.1.7.2 Background Investigations (as needed basis only): DOL’s Enterprise Architecture data and work environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract. Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract.1.8 EMPLOYEE CONDUCT:Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the Department of Labor.1.8.1 Removing Employees for Misconduct or Security Reasons: The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from U.S. Department of Labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.1.8.2 Conflict of Interest: The Contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.1.9 PHASE IN/PHASE OUT PERIOD:Continuation of the Court Reporting Services is a critical concern during the transition of activities from an incumbent Contractor or vendor staff to the succeeding Contractor. Services are to be obtained in the most cost-effective manner and free of any potential conflicts of interest. The Contractor recognizes that the services prescribed under any resulting contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another Contractor, may continue to provide these services. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.1.9.1 PHASE IN PLAN: The Contractor shall provide a Phase In Plan at the time of proposal. The phase in plan shall include at a minimum, the status summary of all current projects to initiate performance, related materials; and date the full transition will be complete. The orderly and uneventful transition between the incoming Contractor and outgoing Contractor is vital to assure minimum disruption to Government services and related activities.The Contractor shall not disrupt official Government business or in any way interfere with the assigned duties of the predecessor Contractor’s employees. The Contractor shall not under any circumstances, contact or conduct any discussions with the predecessor Contractor’s employees while they are on duty at this facility for the purpose of recruitment, scheduling or conducting interviews.In an effort to facilitate a smooth operational information exchange, the incoming Contractor is required to:Revise/develop and implement a Phase In PlanDocument and develop a baseline noting current Customer Satisfaction levelsRequest and receive a complete list of Government Standards, Guidelines and Standard Operating Procedures, Service Level Agreements and Operating Level Agreements1.9.2 PHASE OUT PLAN: Contractor shall provide Phase Out Plan that enables a smooth transition to replacement service with the contract ends.2.0 DEFINITIONS & ACRONYMSCO – Contracting OfficerCOR - Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the ContractorDefective Service. A service output that does not meet the standard of performance associated with it in the Statement of Work.DOL - Department of LaborFAR – Federal Acquisition RegulationOASAM – Office of the Assistant Secretary for Administration and ManagementOMB - Office of Management and BudgetPIV - Personal Identity VerificationPOP – Period of PerformanceQuality Control - Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the SOW.Quality Assurance - Those actions taken by the Government to assure services meet the requirements of the Statement of Work.SF – Standard FormSOW – Statement of Work3.0 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICESGovernment Furnished Property may be provided as below:o“1-800” phone number for telephonic hearings4.0 CONTRACTOR FURNISHED ITEMS AND SERVICESContractor Furnished Property may be provided as below:All standard court reporting equipment and suppliesBack-up standard court reporting equipment and supplies in case of defects, etc5.0 SPECIFIC TASKS5.1 Hearings:5.1.1 The Contractor shall perform verbatim reporting, transcribing, and photocopying transcripts as required by BHR. These services shall be provided at various locations in the continental United States, Alaska, Hawaii and Puerto Rico. The Government anticipates providing at least thirty (30) day notice of hearings to the Contractor as “normal operations”, but in rare exceptions may provide less notice for telephonic hearings.5.1.2 The Contractor shall provide all personnel, management, equipment, materials, and supplies necessary to perform verbatim reporting, transcribing and photocopying of hearing transcripts as assigned by BHR, except as described under Part 3 above, Government Furnished Property, Equipment and Services. The Contractor shall ensure that all assigned court reporters/stenographers perform all work in a business-like manner and according to the best standards of the reporting profession and the Contractor. The Contractor shall provide promptly at the time, date and place designated as many competent reporters/stenographers as is required, and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts. The Contractor agrees that, at a minimum, all assigned court reporters/stenographers shall:5.1.2.1 present himself/herself to the presiding official at the time and place of hearing designated.5.1.2.2 at all times be governed by instructions by the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.5.1.2.3 report everything spoken while a hearing is in session unless the presiding official directs an off- the record proceeding for which notes have been taken as required.5.1.3 Hearings shall be recorded by reporters/stenographers using electronic recording devices, in addition to their physical presence at the hearing. The Contractor shall provide a back-up system to whichever primary recording method is used. When proceedings are recorded by an electronic recording device, it shall at a minimum:5.1.3.1 have two (2) channels.5.1.3.2 be continuously monitored by an operator.5.1.3.3 have simultaneous playback, listening pre-amplification and speaker identification capabilities.5.1.3.4 have an equipment malfunction indicator.5.1.4 The Contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable Government standards. No transcripts shall be forwarded to the Government until the quality checks reveal full format conformance and freedom from error.5.1.5 There are three types of oral hearings: face to face, video conference and telephonic hearings. The Contractor agrees that the assigned reporter/stenographer will: (1) meet, greet and escort various parties involved in the video conference from the building entrance to the hearing room and vice-versa; (2) advise designated point of contact of Government –owned equipment difficulty; and (3) advise designated point of contact of start and finish time of hearing day.5.1.6 In any instance where the Contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance of this contract, the Contractor shall immediately notify the COR. This notice shall include all relevant information and corrective actions that are being taken. The Government reserves the right to hold the Contractor fully accountable for problems incurred as a result of such delays, including denial of delivery time extensions, if such notification is not provided.5.1.7 If, after notice of a proposed hearing, the Contractor does not appear at the time and place specified for the hearing, the COR will hold the Contractor responsible for finding a substitute for the hearing. The Contractor may be responsible for the reimbursement to the Department of Labor for any expenses over and above that which would have been incurred if the Contractor had performed in accordance with this Statement of Work. The Government may deduct such expenses from any other sums due or that may become due the Contractor.5.1.8 The Contractor shall be fully responsible for all loss or damage to materials associated with this SOW while in the Contractor’s care and custody. The Contractor shall keep accurate records of the materials picked up from the Government or received from a claimant associated with a hearing or claim under the WHD. The listing shall include a list of materials, the status of the assignment and the case number assigned by the Government.5.2 Re-Hearings5.2.1 Should the Contractor cause the Government to re-hear any case or hearing or other proceeding, the Contractor shall provide the reporting services at that re-hearing at no cost to the Government. In addition, the Contractor shall be liable for all Government expenses, claimant expenses and attorney’s fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:5.2.1.1 Loss of original recordings, transcripts or photocopies.5.2.1.2 Failure of the Contractor’s court reporter/stenographer to appear, and a substitute cannot be obtained in sufficient time.5.2.1.3 Receipt of products by the Government in such poor condition as to be unusable.5.2.1.4 Attempted use of electronic recording equipment which does not conform to the requirements noted herein.5.2.1.5 Failure of the Contractor to deliver transcripts via electronic delivery within ten (10) business days after a hearing.5.3 Deliverables:5.3.1 Confirmation: The Government will provide, as much as possible, a monthly schedule of all hearings to the Contractor. Every Thursday, by 2:00pm, the Contractor will send an email to the COR to confirm that all hearings scheduled for the following week have been booked with court reporters/stenographers.5.3.2 Hearing Documents: The Contractor shall send via secure electronic delivery (e-mail) (1) PDF copy of all recording, transcripts and photocopying to our designated hearing schedulers. All documents shall be prepared, proofread, quality checked and delivered to the COR no later than 4:45 p.m. five (5) business days after hearings held in Washington, DC and in the 48 contiguous states of the United States, and not later than 4:45 p.m. ten (10) business days after hearings held in Alaska, Hawaii, and Puerto Rico. These time frames begin on the first workday following the close of each hearing day.5.3.3 Corrected Documents: The Contractor shall furnish complete reporting, recording, transcripts and photocopying which accurately reflect the full and complete verbatim record of the proceeding. Where errors attributable to the Contractor’s performance appear in the transcript (i.e., those which can obscure the meaning of the testimony, but not including typographical errors or misspelling, if the intended meaning is clearly evident, such as “thier” for “their” or “teh” for “the” etc.) the Government may require the Contractor to immediately correct such errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost to the Government.5.3.4 ReHearing Documents: The Contractor shall send via secure electronic delivery (e-mail) (1) PDF copy of all recording, transcripts and photocopying to our designated hearing schedulers. All documents shall be prepared, proofread, quality checked and delivered to the COR not later than 4:45 p.m. ten (10) business days after hearings.5.3.5 The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts. The Contractor shall advise the COR in advance, by specific case number only (no names, SSNs, etc), when timely delivery cannot be made, and when correction of delivery will be made.5.3.6 The Deliverable scheduled is detailed below:DeliverableFrequencyMedium/FormatSubmit ToVerified ScheduleWeekly EmailCORTranscription and Hearing Copy (Within Washington DC and 48 contiguous States)5 Business DaysPDF/EmailCOR/hearing schedulerTranscription and Hearing Copy (Outside Washington DC or the 48 Contiguous States)10 Business DaysPDF/EmailCOR/hearing schedulerCorrected Transcription and Hearing Copy ,regardless of location5 Business DaysPDF/EmailCORRe-Hearing Transcription and Hearing Copy,regardless of location.10 Business DaysPDF/EmailCORInvoice1 per monthEmailCOR, Finance Office5.4 Cancellation or Postponements of HearingIf a notice of cancellation or postponement of a hearing is not received by the Contractor, from the Government, prior to 2:00 p.m. the business day preceding the day of the scheduled hearing, the Contractor may be entitled to a cancellation or postponement fee. This charge may be applied only once per location site, per day, when all hearings scheduled for that site have been cancelled.5.5 Performance Requirements:5.5.1 Performance Objective 1: Full Representation at all Hearings. The Contractor shall ensure adequate and prompt physical representation for all hearings assigned to support. Personnel shall be properly trained and have the necessary qualifications and experience to provide professional and comprehensive recording, transcription and photocopying services as described herein. Recording equipment shall be fully functional as described herein.Performance Measurement for Performance Objective 1. No more than one (1) assigned hearing per year receives inadequate Contractor representation. All associated direct and indirect costs associated with re-hearings or Government actions necessary to overcome inadequate Contractor performance is fully reimbursable to the Government by the Contractor.5.5.2 Performance Objective 2: Timely Delivery. The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing recordings, transcripts and photocopies. The Contractor shall advise the COR in advance, by specific case number, when timely delivery cannot be made, when delivery will be made, and what corrective actions the Contractor takes to alleviate similar future discrepancies.Performance Measurement for Performance Objective 2. Less than one (1) percent of deliveries are late.5.5.3 Performance Objective 3: Error-Free Deliverables. The Contractor shall ensure all deliveries of hearing recordings, transcripts and photocopies accurately reflect that which transpired at the hearing.Performance Measurement for Performance Objective 3. Less than one (1) percent of recordings, transcripts and photocopies must be returned for correction by the Contractor. All corrections are made and items are re-delivered to the COR within five (5) days of notification of the need for correction.5.6 Format of Transcripts:5.6.1 All transcripts shall be typed with black record ribbon on white linen unglazed paper of good quality, special onion skin, substance #9, or similar stock, to be approved by the Contracting Officer. Paper shall be 8 ? by 11 inches, with ruled margin of 1 ? “at the left side and ruled margin of 3/8” for the right side. A number indicating each line of transcript upon each page i.e. 1 to 25 inclusive, shall be printed at the left side of the left marginal line of the original and copies of the transcript.5.6.2 Typing shall be 10 letters to the inch, 25 lines to the page, exclusive of pager number, with 2 single spaces between lines. Whenever testimony is continuous, requiring more than 1 line, the typing shall begin as close as possible to the left ruled marginal line. Words shall be properly hyphenated when necessary.5.6.3 In the original and each copy of the transcript the cover page showing name, case number, place and date of hearing, appearances, etc. shall be followed by a page identifying the exhibits introduced by exhibit number and the page number of the transcript wherein it is introduced.5.6.4 The paging of the transcript shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearing, conference etc.5.6.5 The original transcript and (2) copies shall be authenticated by the Official Reporter by a certificate page in the following form:CERTIFICATIONI, (name of transcriber), hereby certify that the examination of the witnesses, as provided to me by (name of reporter), the Reporter in the within case, was reduced to writing by me, and that the transcript is a true record of the testimony given by the witnesses. I further certify that I am neither attorney, nor counsel for, nor related to or employed by, any of the parties in which this action is taken and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action. , TranscriberName of Court Reporting ServicesCovers for transcripts shall be typewritten, and in the form hereto attachedRetention of Notes and Transcripts:The Contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under this contract, and typed plate made therefore, shall be file and held by the reported subject to authority and control of the Department of Labor for a period of one year.10.0 APPLICABLE PUBLICATIONSREFERENCES, LAWS, REGULATIONS AND POLICIESAt a minimum, Contractor performance in accordance with the requirements herein shall fully comply with the following laws, regulations, policies and guidelines:Title III of the E-Government Act of 2002 — Federal Information Security Management Act (FISMA)The Privacy Act of 1974, PL 93-579, as amendedThe Freedom of Information Act, PL 93-502The Federal Managers' Financial Integrity Act (FMFIA), PL 97-255OMB Circular A-130, Management of Federal Information ResourcesOMB Circular A-123 Revised, Management's Responsibility for Internal Control, December 2004OMB Circular A-127, Financial Management Systems, July 23, 1993OMB Circular A-130, Appendix III, Security of Federal Automated Information ResourcesHomeland Security Presidential Directive 12, Policies for a Common Identification Standard for Federal Employees and ContractorsCode of Federal Regulations (CFR)Title 29, U.S. Code, Section 508, StandardsDepartment of Labor Acquisition Regulation (DOLAR)Department of Labor Manual Series (DLMS)Office of Procurement Services (OPS) - OPS BulletinsSDLCM ManualNIST PubsPIV Manual Internet ResourcesFederal Acquisition Regulation (FAR) – of Labor Wage Determination – 11.0 INSPECTION AND ACCEPTANCEThe Government will review and verify that all services and deliverables meet the requirements and standards stated in the BPA, subsequent task orders and any associated modification(s). Responsibility for Inspection and Acceptance Inspection and acceptance of all services under this contract will be accomplished by the Contracting Officer’s Representative (COR) designated on this contract. The COR will inspect and be responsible for the review and acceptance of all deliverables under the contract. Acceptance of services will be in accordance with the SOW and at the sole discretion of the Government.12.0 PERIOD OF PERFORMANCEThe Government anticipates that the period of performance for the contract will consist of one (1) twelve (12) month Base Year, and four (4) twelve (12) month Option Years.13.0 RECOGNIZED HOLIDAYSThe contractor is not required to perform services on the following holidays: New Year’s Day, Labor Day, Martin Luther King Jr.’s Birthday, Columbus Day, President’s Day, Veteran’s Day, Memorial Day, Thanksgiving Day, Independence Day, Christmas Day14.0 HOURS OF OPERATIONRegular Time: The Contractor is responsible for conducting business, between the hours of 8:00 am to 6:00 pm (all time zones), Monday thru 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.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 SOW 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.Non-Regular Time: The Contractor shall cover proceedings held between 6:00 p.m. and 8:00 a.m. (all time zones), Monday through Friday, and on Saturdays, Sundays and Government holidays. This coverage is known as Non-Regular Time and is rare.The Contractor shall submit a completed copy of the Report of Non-regular Time at Scheduled Hearing, to the COR each time that the Contractor is required to work during non-regular time.15.0 PLACE OF PERFORMANCEThe work to be performed under this contract will be performed on-site at hearing locations and/or off- site at contractor’s location. ................
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