PART 6

 Performance Work Statement*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.* PART 1 GENERAL INFORMATION 1. This is a non-personnel services contract to provide transcription service. The Government shall 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, materials, supervision, and other items and non-personal services necessary to perform court reporting services for Fact Finding Conferences (FCC), Depositions, Equal Employment Opportunity Commission Administrative Judge Hearings or other proceedings given under oath or affirmation as defined in this Performance Work Statement (PWS) except as specified in Part 3 as government furnished property and services in support of the Office of the Administrative Assistant to the Secretary of the Army, Resources and Programs Agency, Directorate of Equal Employment Opportunity (DEEO). The Contractor shall perform to the standards in this contract. 1.2 Background: The Office of the Administrative Assistant to the Secretary of the Army, Resources and Programs Agency, Directorate of Equal Employment Opportunity (DEEO) promote a civilian workforce that is reflective of our nation's diversity. DEEO has a current need for court reporting services on an on-going basis as related to discrimination complaint processing to ensure compliance with the Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, (EEO MD-110), November 9, 1999 and Army Regulation 690-600, Equal Opportunity Discrimination Complaints, 9 February 2004. 1.3 Objectives: The objective of this contract is to produce verbatim transcripts of proceedings during any Fact Finding Conference, Deposition, Equal Employment Opportunity Commission Administrative Judge Hearing, or other proceedings held by the DEEO. 1.4 Scope: The Contractor shall provide court reporting and transcription services for DEEO. Employee performing court reporting duties must have a certification from the National Court Reporters Association (NCRA) and at least 3 years of satisfactory experience. Contractor must to be able to perform CR duties virtually when required. The assigned (court) reporter must be familiar with EEO complaint processing. Specific experience working with investigators and legal representatives during an FFC and other EEO complaint proceedings preferred. The Contractor must be able to provide service by VTC or on-site by subcontracting a qualified, local reporter in the area where the FFC or other proceeding will be held. Experience providing court reporting service via VTC required. Capability to subcontract local personnel within the Continental United States required. The Contractor must be able to confirm service in a timely manner consistent with the DEEO’s requirements. Service confirmation may be required with less than 72-hour notification. The Contractor must demonstrate past performance consistent with DEEO requirements. 1.5 Period of Performance: The period of performance shall be for one (1) year of 12 months The Period of Performance reads as follows: Base Period: 19 May 2020 through 18 May 2021Option Period 1: 19 May 2021 through 18 May 2022Option Period 2: 19 May 2022 through 18 May 2023Option Period 3: 19 May 2023 through 18 May 2024Option Period 4: 19 May 2024 through 18 May 20251.6 General Information 1.6.1 Quality Control: The contractor shall develop and maintain an effective quality control (QC) program to ensure services are performed in accordance with the PWS. 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. As a minimum, the contractor shall develop quality control procedures that address the areas identified in Technical Exhibit 1, Performance Requirements Summary. After acceptance of the quality control plan, the contractor shall receive the contracting officer’s acceptance in writing of any proposed change to the QC system. 1.6.2 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). 1.6.3 Recognized Holidays: The Contractor is not required to perform services on the following days: New Year’s Day Labor DayMartin Luther King Jr.’s Birthday Columbus DayPresident’s Day Veteran’s DayMemorial Day Thanksgiving DayIndependence Day Christmas Day 1.6.4 Hours of Operation: Hours of operation shall be determined on a case-by-case basis by the DEEO personnel responsible for processing the complaint for which court reporting services is required. Normal hours of operation are 7:00 am – 6:00 pm for one, and occasionally two days, of service. 1.6.5 Place of Performance: The work under this contract will be performed at Government and Non-Government facilities throughout CONUS. In the event a reporter is needed outside of the National Capital Region (NCR), in order to travel costs, the contractor shall subcontract with local personnel to perform the required work. 1.6.6 Type of Contract: The government anticipates award of a Firm Fixed Price (FFP) Indefinite Delivery Indefinite Quantity contract.1.6.7 Security Requirements. 1.6.7.1 The Contractor shall maintain and safeguard any For Official Use Only (FOUO) protected information provided under this contract as specified in Army Regulation 25-55 Department of the Army (DA) Freedom of Information Act (FOIA) program. The Contractor is required to agree to and sign a Confidentiality and Non-disclosure Agreement and submit it to the DEEO prior to the start of work: See Technical Exhibit 3 Contractor Non Disclosure Statement. 1.6.7.2 All Contractor personnel are prohibited from selling, distributing, or releasing to the public any information, documents, or transcripts from classified or protected proceedings. 1.6.7.3 Access and General Protection/Security Policy and Procedures. This standard language text is for contractor employees with an area of performance within an Army controlled installation, facility or area. Contractor and all associated sub-contractors employees shall comply with applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by Installation Provost Marshal Office, Director of Emergency Services or Security Office. Contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. 1.6.7.4 For contractors that do not require CAC, but require access to a DoD facility or installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190-13), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at OCONUS locations, in accordance with status of forces agreements and other theater regulations. 1.6.7.5 Anti-terrorism (AT) Level I Training. This provision/contract text is for contractor employees with an area of performance within an Army controlled installation, facility or area. All contractors’ employees, to include subcontractor employees, requiring access to government installations, facilities and controlled access areas shall complete AT Level I awareness training within 30 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. The contractor shall submit certificates of completion for each affected contractor employee and subcontractor employee, to the COR or to the contracting officer, if a COR is not assigned, within 30 calendar days after completion of training by all employees and subcontractor personnel. AT level I awareness training is available at the following website: . 1.6.7.6 iWATCH Training. This standard language is for contractor employees with an area of performance within an Army controlled installation, facility or area. The contractor and all associated sub-contractors shall brief all employees on the local iWATCH program (training standards provided by the requiring activity ATO). This local developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 30 calendar days of contract award and within 30 calendar days of new employees commencing performance with the results reported to the COR NLT 30 calendar days after contract award. 1.6.7.7 Operation Security (OPSEC) Training. Per AR 530-1, Operations Security, new contractor employees must complete Level I OPSEC training within 30 calendar days of their reporting for duty. All contractor employees must complete annual OPSEC awareness training. 1.6.8 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. The Contracting Officer (KO), Contracting Officer’s Representative (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. 1.6.9 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. 1.6.10 Identification of Contractor Employees: 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.1.6.11 Contractor Travel: The Contractor shall be required to travel within the NCR. The Government shall be responsible for obtaining contractor personnel access to military bases or any other Government facility within the NCR. Please see 1.6.5 for travel outside of the National Capital Region.1.6.12 Contractor Manpower Reporting Requirement: The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: . The required information includes: (1) Contracting Office, Contracting Officer, Contracting Officer’s Technical Representative; (2) Contract number, including task and delivery order number; (3) Beginning and ending dates covered by reporting period; (4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data; (5) Actual direct labor hours (including sub-contractors); (6) Actual direct labor dollars paid this reporting period (including sub-contractors); (7) Total payments (including sub-contractors); (8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different); (9) Estimated data collection cost; (10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information); (11) Locations where the contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website); (12) Presence of deployment or contingency contract language; and (13) Number of contractor and sub-contractor employees deployed in theater this reporting period (by country). As part of its submission, the contractor will provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor’s systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site. PART 2DEFINITIONS & ACRONYMS ACC-NCR: Army Contracting Command-National Capital Region Adequate Notice of Cancellation or Postponement: Adequate notice of cancellation or postponement of a scheduled proceeding is notice to the Contractor before 5:00 p.m. of the business day prior to the proceeding date for proceedings within the contiguous United States, and 5:00 p.m. of the business day two days prior to the proceeding date for proceedings elsewhere. Notice may be provided by telephone, facsimile transmission, or by e-mail to an agreed-upon e-mail address. Business Days: Monday through Friday, excluding holidays, Saturdays and Sundays Contracting Officer’s Representative (COR): A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the Contractor CONUS: Locations within the Continental United States. Defective Service: A service output that does not meet the standard of performance associated with it in the Performance Work Statement. DEEO: Directorate of Equal Employment Opportunity FFC: Fact Finding Conference FOUO: For Official Use Only Investigator: A person authorized by an agency to conduct an inquiry into a complaint of discrimination KO: Contracting Officer NCR: National Capital Region OCONUS: Locations outside of the 48 contiguous United States. POC: Point of Contact Proceedings: A scheduled matter, or portion of a scheduled matter, at which the Contractor is expected to provide reporting and transcription services. PWS: Performance Work Statement Reporter: A Contractor employee or agent assigned to provide verbatim reporting and other proceedings. Quality Assurance Surveillance Plan (QASP): An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance. Quality Control (QC): Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS. Quality Assurance: Those actions taken by the government to assure services meet the requirements of the Performance Work Statement. VTC: Video Tele-Conference Wide Area Workflow A secure Web-based system to allow contractors to submit electronic invoices, and provide the Government a means to electronically receipt and accept supplies and services Deputy Director for Global Operation (DDGO) PART 3 GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES3.1 GENERAL: The Government shall provide the facilities, equipment, materials, and/or services listed below. 3.2 Equipment: None 3.3 Services: 3.3.1 Utilities: All utilities in the facility will be available for the Contractor’s use in performance of duties outlined in this PWS. The Contractor shall instruct employees in utilities conservation practices. The Contractor shall be responsible for operating under conditions that preclude the waste of utilities. 3.4 Facilities: The Government will furnish the necessary workspace for the contractor staff during proceedings as outlined in this PWS to include desk space and telephones on an as needed basis. PART 4 CONTRACTOR FURNISHED ITEMS AND SERVICES 4.1 General: Except for those items specifically stated to be government furnished in Part 3, the contractor shall furnish everything required to perform this PWS (i.e. paper, fastening, tags, typewriters, word processors, recording equipment, notebooks, envelopes and other supplies and materials). PART 5SPECIFIC TASKS5.0 REQUIREMENTS: The Contractor, as an independent Contractor and not as an agent of the Government, shall provide, unless the requirements have otherwise been deemed to be Government furnished, the requirements of the PWS as specifically outlined below: 5.1 Basic Services: The Contractor shall provide error-free (not to exceed two per page) verbatim reporting and transcription of hearings and related proceedings, as defined in this PWS. 5.1.1 Reporting: The Contractor shall provide verbatim reporting of hearings and related proceedings as in standard legal format and as set forth below. 5.1.2 Recording, General: The Contractor shall record the full testimony during a proceeding, and report and incorporate it into the transcript, unless the DEEO POC or designee directs otherwise. 5.1.3 Electronic Sound Recording Systems: The Contractor may use electronic sound recording systems, provided they are capable of accurately recording the proceedings under adverse conditions that frequently exist (e.g., air conditioning or traffic background noise). Contractor shall use quality electronic sound recording systems as to insure against error, misinterpretation, or loss of voice. Contractor personnel equipment shall be operator-monitored from a separate monitor head to ensure a proper recording and include a simultaneous playback, listening, pre-amplification, and speaker identification facilities. 5.1.4 Markings: The transcript copies, shall be marked on the bottom of the front cover, on every page, and on the outside of the back cover. "For Official Use Only (FOUO). Protected by the Privacy Act.” The CD/DVD version must be labeled "For Official Use Only (FOUO). Protected by the Privacy Act.” 5.1.5 Retention of Notes and Tapes: The Contractor shall retain and properly safeguard for a period of two (2) years, any stenographic notes and/or electronic recording tapes taken by the reporter at a proceeding from which a transcript has been prepared, along with one copy of the transcript, for a period of at least two years after the conclusion of the proceeding unless, otherwise directed by the Government.5.1.6. Loss of Testimony: The Contractor shall retake and transcribe testimony without additional charge if mechanical breakdown or negligence by the Contractor or any level subcontractor, testimony is lost, destroyed, or otherwise not recorded and/or retained. Contractor shall be responsible for foreseeable damages or cost relating to the loss of testimony and/or the necessity to retake the testimony. 5.1.7 Notice of Reporter’s Name: The assigned reporter shall report to the DEEO POC at least one hour before the designated starting time of the proceeding. The reporter shall have all necessary equipment completely installed and operational prior to the time set for the commencement of the proceeding. The reporter shall follow the instructions of the Presiding Official in matters affecting the composition of the record, adjournment to other times or places, the hours of the proceeding, and similar matters at all times. If, after notice of a proceeding, the Contractor does not appear at the time and place specified for the proceeding, the Presiding Official may call in a substitute and the Contractor shall reimburse the Government for expenses over and above those which would have been incurred if the Contractor had properly performed the work. The Government may deduct such expenses and other damages from any other sums due or that may become due the Contractor. 5.1.8.1 For service performed on-site, the reporter scheduled by the Contractor shall arrive one hour prior to the start time of the service, contact the DEEO Point of Contact, clear security and ensure equipment is set up and functional. 5.1.9.2 For service performed telephonically or through VTC, the reporter scheduled by the Contractor shall arrive one hour prior to the start time of the service, contact the DEEO POC, clear security and ensure equipment is set up and functional. 5.1.9 Guaranteed Minimum Payment: 5.1.9.1 In the absence of adequate notice of cancellation or postponement of a scheduled proceeding, when a reporter a reporter has reported to the DEEO Point of Contact, at the time and place designated for a scheduled proceeding and remains on-site or otherwise remains available at the direction of the DEEO Point of Contact, the Contractor is entitled to a proceeding minimum payment for each such hearing day or part thereof at a rate set forth in this contract. The applicable minimum payment will be paid IN LIEU OF the contract rate when a transcript ordered for a scheduled proceeding day does not equal or exceed the daily proceeding minimum payment. 5.1.9.2 The Contractor shall ensure a reporter has reported at the time and place designated for a scheduled proceeding and adequate notice of cancellation or postponement has not been provided to the Contractor by the DEEO, the Contractor will be paid the applicable proceeding minimum payment for one hearing day only, unless the reporter has been directed by the DEEO POC to remain available by the DEEO Point of Contact. 5.1.9.3 No appearance or attendance fee, other than stated herein, is payable under this contract. 5.1.9.4 Delays in Providing Reporting Services: The Contractor shall be liable to the Government for liquidated damages for each hour of delay, in cases where the contractor has been notified in a timely manner of a proceeding and the reporter does not appear at the time and place specified 5.1.10 Cancelled, Delayed or Postponed Proceedings: The DEEO will inform the Contractor of cancelled, delayed, or postponed proceedings. Adequate notice of cancellation of postponement of a scheduled proceeding will be notice to the Contractor before 5:00PM of the business day prior to the proceeding date for proceedings within the NCR, and 5:00PM of the business day two days prior to the proceeding date for proceedings elsewhere. 5.1.11 Transcript Production: The Contractor shall produce three (3) CD/DVD versions in .pdf format for each proceeding. The transcript may be provided in an equivalent format and/or on an equivalent machine readable-media, including a PDF e-mail attachment when agreed upon by the Contractor and the COR. When a transcript is provided as an e-mail attachment, only two CD/DVD versions are required. The transcript document on the CD/DVD’s shall have the identical pagination, content, and sequential order as the PDF version. All text in the CD/DVD’s version and PDF shall appear in the same location and on the same line and page, and the page numbers in both versions shall correspond exactly, regardless of the computer settings or work processing formats on the computers on which the CD/DVD version is viewed. The transcript document on the CD/DVD shall be tabbed and searchable. Each CD/DVD shall be labeled to identify the transcript by title of the proceeding, docket number(s), dates, and volume numbers. 5.1.12 Transcript Delivery: The Contractor shall simultaneously deliver two CD/DVD’s versions to the Directorate of Equal Employment Opportunity at the address provided by the DEEO POC; and one CD/DVD version to the Investigator at the physical address provided to the DEEO by the Investigator or an electronic version to the Investigator at the e-mail address provided by the DEEO POC Contractor shall deliver transcripts within 10 business days following the close of the proceeding. The Contractor shall mail all via standard shipping service with tracking (such as USPS or FedEx). The CD/DVD’s are the property of the Government.PART 6APPLICABLE PUBLICATIONS 6.1 Publications applicable to this PWS are listed below. All publications listed are available via the Internet at Equal Employment Opportunity Management Directive for 29 C.F.R. Part 1614, (EEO MD-110), November 9, 1999 Army Regulation 690-600, Equal Opportunity Discrimination Complaints, 9 February 2004. Army Regulation 25-52, Authorized Abbreviations, Brevity Codes, and Acronyms, 21 February 2014.TECHNICAL EXHIBIT 1PERFORMANCE REQUIREMENT SUMMARY Performance ObjectiveStandardPerformance ThresholdMethod of Surveillance PRS # 1 The contractor shall provide error free transcripts of hearings and related proceedings. Ref: PWS paragraph 5.1. Accurate transcripts are provided as stated in paragraph 5.1 of the PWS No more than 2 errors per page Validated customer complaint TECHNICAL EXHIBIT 2DELIVERABLES SCHEDULEDeliverableFrequency# of CopiesMedium/FormatSubmit ToThe Contractor shall routinely deliver CD/DVD/s’ within 10 business days following the close of the proceeding. PWS paragraph 5.1.12 Standard: Within 10 calendar days of the last day of scheduled testimony3 – CD/DVD’s versionsOr 2 – CD/DVD versions and PDF (as e –mail attachment) Three CD/DVD’s in .pdf format (standard legal format)Two CD/DVD’s to the DEEO One CD/DVD to the Investigator or one PDF e-mail attachment to the Investigator TECHNICAL EXHIBIT 3NON DISCLOSURE STATEMENT Department of the ArmyOFFICE OF THE ADMINISTRATIVE ASSISTANT TO THE SECRETARY ARMYResources and Programs Agency[ADDRESS LINE 1][ADDRESS LINE 2] Directorate of Diversity and Equal Employment Opportunity Confidentiality and Non-Disclosure Agreement Directorate of Equal Employment Opportunity WHEREAS, [COMPANY NAME] _____________________________???_________agrees to transcribe certain confidential and sensitive Privacy Act information relating to the assigned task of reviewing, transcribing, processing, or possessing confidential and sensitive information pursuant to the terms of this contract. 1. Agrees to hold confidential or sensitive Privacy Act information in trust and confidence and agrees that it shall be used only for the contemplated purposes, shall not be used for any other purpose, or disclosed to any third party.2. Agrees that copies of transcripts in any format kept by the Contractor for record keeping purposes will be securely stored, safeguarded by the Contractor, marked “Subject to the Privacy Act,” and destroyed in accordance with the Contractor’s standard operation procedures in a manner to ensure compliance with the Privacy Act. ________________________________________ _____________________Company Representative Signature Title _____________________________Date ................
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