15A00024Q00000009 - v20240419.pdf

15A00024Q00000009 Page 1 of 71

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 AND 30.

1. REQUISITION NUMBER

DJA-23-AOCC-PR-0093

PAGE 1 OF

5. SOLICITATION NUMBER

15A00024Q00000009

2. CONTRACT NUMBER 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/19/2024

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

Sheray Millhouse Sheray.Millhouse@ATF.gov

b. TELEPHONE NUMBER (No collect calls)

(O) 2026489071 (F) 2026489654

8. OFFER DUE DATE / LOCAL

TIME

05/03/2024 15:00 ET

CODE 15A000

ATF - ACQUISITION BRANCH

99 New York Ave. NE, #3.S-153

Washington, DC 20226

9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

(SDVOSB)

WOMEN-OWNED SMALL

BUSINESS (WOSB)

ECONOMICALLY DISADVANTAGED

WOMEN-OWNED SMALL BUSINESS

(EDWOSB)

8(A)

NORTH AMERICAN

INDUSTRY CLASSIFICATION

STANDARD (NAICS):

561492

SIZE STANDARD:

19,000,000

10. THE ACQUISITION IS

SEE SCHEDULE

11. DELIVERY FOR FREE ON BOARD

(FOB) DESTINATION UNLESS

BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER THE

DEFENSE PRIORITIES AND

ALLOCATIONS SYSTEM -

DPAS (15 CFR 700)

13b. RATING

X REQUEST

FOR QUOTE

(RFQ)

INVITATION

FOR BID

(IFB)

REQUEST

FOR

PROPOSAL

(RFP)

14. METHOD OF SOLICITATION

15A000CODE15. DELIVER TO

See Schedule

CODE16. ADMINISTERED BY

FACILITY

CODE

CODE

TELEPHONE NUMBER

17a. CONTRACTOR/

OFFEROR

A404040CODE18a. PAYMENT WILL BE MADE BY

ATF - Finance Branch 99 New York Avenue NE, #4.S-288 Washington, DC 20226

(O) (202) 648-7860 Finance.Branch@ATF.gov

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER X SEE ADDENDUM

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Court Reporter & Transcription Services per the Performance Work Statement (PWS)

Clearly display Solicitation #15A00024Q00000009 on all submissions.

Firm Fixed Price

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)

X 27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3

AND 52.212-5 ARE ATTACHED. ADDENDA

X ARE ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 COPIES TO

ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH

OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE

TERMS AND CONDITIONS SPECIFIED.

29. AWARD OF CONTRACT: REFERENCE _____________________________

OFFER DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK

5) INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (Type or print)

Sheray A. Millhouse

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 11/2021)

Prescribed by GSA - FAR (48 CFR) 53.212

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19.

ITEM NUMBER

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

PARTIAL FINAL

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

COMPLETE PARTIAL FINAL

36. PAYMENT 37. CHECK NUMBER

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 11/2021) BACK

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Table of Contents

Section Description Page Number

Solicitation/Contract Form 1 Commodity or Services Schedule

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009)

2 Contract Clauses 52.204-13 System for Award Management Maintenance (Oct 2018) 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2023) 52.227-14 Rights in Data-General (May 2014) 52.232-1 Payments (Apr 1984) 52.232-8 Discounts For Prompt Payment (Feb 2002) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.237-3 Continuity of Services (Jan 1991) 52.246-2 Inspection of Supplies-Fixed-Price (Aug 1996) 52.246-4 Inspection of Services-Fixed-Price (Aug 1996)

2.1 Price/Cost Info for Contractor

52.217-8 Option to Extend Services (Nov 1999) 52.222-49 Service Contract Labor Standards-Place of Performance Unknown (May 2014) 2852.201-70 Contracting Officer's Representative (COR) (NOV 2020) 2852.203-70 General Non-Disclosure Agreement (AUG 2016) 2852.222-70 Domestic Violence, Sexual Assault, and Stalking (DEC 2014) 2852.233-70 Protests Filed Directly with the Department of Justice (NOV 2020) ATF-04 Personnel Security Requirements (FEB 2024)

ATF-10 CONTRACTOR-ACQUIRED INSURANCE REQUIREMENTS

ATF-11 ATF IDENTIFICATION (ID) MEDIA

ATF-12 NON-US CITIZENS PROHIBITED FROM ACCESS TO DOJ INFORMATION

TECHNOLOGY (IT) SYSTEMS

ATF-13 INCORPORATION OF VENDOR TERMS AND CONDITIONS (Revised July 19, 2007)

ATF-14 ELECTRONIC INVOICING

ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS

ATF-18 REQUIREMENTS FOR ACCESS TO LAW-ENFORCEMENT, SENSITIVE

INFORMATION

ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT

ATF-20 GOVERNMENT FURNISHED PROPERTY AND SERVICES

ATF-21 ALL ITEMS TO BECOME THE PROPERTY OF THE GOVERNMENT

ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE

ATF-23 PRIVACY OR SECURITY SAFEGUARDS

ATF-24 COMPUTER SECURITY

ATF-25 OBSERVANCE OF LEGAL HOLIDAYS / FEDERAL NON-WORK DAYS (Revised June 2021)

ATF-41 DEPARTMENT POLICY ON DOMESTIC VIOLENCE, SEXUAL ASSAULT, AND

STALKING

ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015) ATF-51 INDEPENDENT CONTRACTOR (March 9, 2021) ATF-52 INDEMNIFICATION CLAUSE (May 2021)

ATF-53 WHISTLEBLOWER INFORMATION FOR EMPLOYEES OF DOJ CONTRACTORS,

SUBCONTRACTORS, GRANTEES, SUBGRANTEES OR PERSONAL-SERVICES

CONTRACTORS (March 2021) ATF-55 Personnel Security Requirements for Contractor Employees (Nov 2021) DOJ-01 Whistleblower Information Distribution (Oct 2021)

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DOJ-03 Personnel Security Requirements For Contractor Employees (Nov 2021) DOJ-05 Security of Department Information and Systems DOJ-05 (OCT 2023) DOJ-08 Continuing Contract Performance During a Pandemic Influenza or other National Emergency (OCT 2007)

3 List of Attachments

3.3 ATF Points of Contact

4 Solicitation Provisions 2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-17 Ownership or Control of Offeror (Aug 2020) 52.204-20 Predecessor of Offeror (Aug 2020) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.204-29 Federal Acquisition Supply Chain Security Act Orders-Representation and Disclosures (Dec 2023) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Feb 2024) 52.217-5 Evaluation of Options (July 1990) 52.222-22 Previous Contracts and Compliance Reports (Feb 1999) 52.222-25 Affirmative Action Compliance (Apr 1984) 52.222-46 Evaluation of Compensation for Professional Employees (Feb 1993) 52.223-22 Public Disclosure of Greenhouse Gas Emissions and Reduction Goals- Representation (Dec 2016) 52.233-2 Service of Protest (Sept 2006)

4-L QUOTATION INSTRUCTIONS

5-M EVALUATION INFORMATION

ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Feb 2024)

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Section 1 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Years 1-5 | Court Reporter & Transcription Services IAW the PWS (includes the Transportation cost)

-To be reviewed annually to determine in writing whether BPA setup shall continue per FAR 13.303-6

PSC: R606

60 MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Years 1-5 | Miscellaneous Items - Estimated @ $20K per year

PSC: R606

60 MO $________ $_________________

The resulting, multiple-award setups will be issued in accordance with (IAW) FAR 13.5.

ATF-29 STATEMENT OF WORK/OBJECTIVES, PERFORMANCE WORK STATEMENT or SPECIFICATIONS (March 23, 2009)

The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified) to perform the Statement of Work (SOW), Statement of Objectives (SOO), Performance Work Statement (PWS) or Specifications and all Section J attachments, as applicable.

(End of Clause)

1. INTRODUCTION

The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) is a unique, law-enforcement agency within the United States (U.S.)

Department of Justice (DOJ) that focuses on protecting its communities from violent crime. ATF is responsible for bringing to justice those criminals who and criminal organizations that illegally use and traffic firearms, illegally use and store explosives, commit acts of arson, bombings, and terrorism, and divert alcohol and tobacco products. ATF is also responsible for regulating the firearms and explosives industries and accomplishes this through various means, including periodic inspections. The Office of Chief Counsel (OCC) serves as the legal advisor to the ATF Director, Executive Staff, supervisors, and employees within other Directorates and provides legal services (including training) on the alcohol, tobacco, firearms, explosives, arson, and civil-service laws. OCC’s attorneys located in ATF’s Field Divisions, geographical regions, and at ATF’s National Headquarters (HQs) provide legal advice and services.

OCC’s HQs’ division covers areas of law that include: asset forfeiture, employment, personnel, labor law, contracts, fiscal law, ethics, the collection and disclosure of intelligence and information, the diversion of alcohol and tobacco products, general criminal-law matters, administration and enforcement of the Federal firearms, explosives, and arson laws, and the adjudication of administrative-tort claims.

OCC also assists DOJ in defending lawsuits filed against ATF and its employees, prepares recommendations concerning the settlement, compromise, termination, and appeal of civil litigation, and makes recommendations concerning the appeal of criminal cases. Some matters and conferences require court reporters.

OCC’s field regions provide legal advice to managers, investigators, agents, and auditors. They also provide training on a variety of legal topics to ATF personnel and their law-enforcement partners, litigate license denials and revocations, seek recovery from persons who have damaged ATF property, obtain forfeiture of property used in violation of ATF-enforced statutes, and assist state and federal prosecutors in their work of protecting the public and prosecuting violent offenders.

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OCC provides legal advice and support for revoking federal firearms licenses (FFL) when applicants are not in compliance with Federal law. The federal regulation ensures that: 1) FFL holders meet all requirements for obtaining a license; 2) all licensees are aware of their privileges and responsibilities for conducting business which include maintaining the necessary records for firearms tracing and other law-enforcement purposes in accordance with (IAW) the Gun Control Act (GCA); and 3) all licensed dealers follow the recordkeeping and conduct of business requirements. If a licensee is found to have violated federal firearms law or regulations, ATF will work with that individual/company to bring him/her/it into compliance, unless the licensee has committed willful violations of the GCA sufficient to warrant license revocation, denial of a license or criminal investigation. Methods of bringing the licensee into compliance may include licensee education, compliance plans, reports of violations, warning letters, and warning conferences. If a licensee is found to have willfully violated the GCA, then ATF will have a hearing to revoke the license. Warning conferences and hearings to revoke licenses often require the use of a court reporter.

ATF’s cases have increased from 30 to 170 since fiscal year 2019.

2. OBJECTIVE

To establish a non-personal services purchase vehicle (i.e., blanket-purchase-agreement {BPA}) for court reporter and transcription services for the Bureau, including the Field Operations (FO) Directorate.

While ATF anticipates a multiple-award to up to five (5) firms for the BPA setups at award, it reserves the right to decrease or increase the number/selection of awardees at that time and even post-award based on various factors (i.e., its need at the time, the selection pool, etc.).

3. MANDATORY, BPA TERMS AND CONDITIONS (T&C) IAW THE FEDERAL ACQUISITION REGULATION

SUBPART 13.303-3

Description of Agreement. The supplier/BPA Holder (BPAH) shall furnish the supplies and/or services as described in this performance work statement (PWS), if and when requested by the Contracting Officer (CO) or authorized user/representative of the CO during the specified period and within the stipulated-aggregate amount/ceiling. The BPAH shall provide all personnel, equipment, tools, materials, supplies and all other technologies and technical services to fulfill this PWS for ATF/ OCC. This purchase vehicle shall also be used for any meetings that require court reporting and/or transcription services.

Agreement's Estimated Value. The total-estimtated value for the resulting, BPA setups is ~$2.5M, thus ~$500K each if five (5) awards; similarly, the accumulated value of all BPA calls/orders issued under this agreement shall not exceed said amount, irrespective of the number of multiple awardees/BPAHs.

Extent of Obligation & Minimum Order. This BPA neither obligates any funds nor requires a minimum purchase/amount;

therefore, the Government is only obligated to the extent of authorized purchases/calls made under this BPA setup.

Purchase Limitation. The dollar limitation for each, individual purchase under the BPA is $20K.

Authorized Users. Only ATF can purchase under this BPA, specifically any ATF Contract Specialist or CO, the ATF CO’s Representative (COR) for this requirement, a FO Budget Analyst, and an OCC Mission-Support Specialist are authorized users of this setup.

Ordering Procedures. All BPA calls/orders placed against this BPA setup are subject to the T&C of said setup at the time of order placement. This includes its “Rotation of BPAHs” policy – To ensure fair opportunity amongst all BPAHs under this setup on an ongoing basis, all authorized users must refer to the transaction log/record (currently online) before placing a call/order, allowing the next BPAH in line to receive the call/order unless: 1) there's a set-aside for small businesses (a reserved right of the Government, similar to FAR 52.219-13 for contracts); or 2) a firm: a) is disbarred, b) has active exclusions, c) is inactive in the System for Award Management, or d) is suspended, on probation, or terminated for poor performance or another delinquency(ies)/non-conformance.

For all purchase at or above the micro-purchase threshold (currently $10K, yet $2.5K for certain services), all authorized users must draft the BPA call against this setup, using the standard form (SF) 1449, and identify specific requirements and delivery dates within said call. Each authorized user must also update the transaction log/record (currently online) for his/her transactions accordingly and email said call to the appropriate BPAH once approved in ATF’s financial-management & procurement-writing system. While all ATF

15A00024Q00000009 Page 7 of 71 offices may use this purchase vehicle to acquire court reporter & transcription services, only an ATF CO is authorized to obligate funds and approve the call(s) valued at $2.5K and above. NO oral orders will be placed or accepted against this BPA. Additionally, all authorized users may use purchase cards to cover services under $2.5K, not convenience checks.

Delivery Tickets. If applicable, shipments under this agreement, except those for newspapers, magazines, or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

Name of supplier; BPA number; Date of purchase; Purchase/BPA call/order #; Itemized list of supplies/services furnished;

Quantity, Unit price, and extension of each item, less applicable discounts; and Date of delivery/shipment.

Invoicing & Payment. The BPAH shall submit proper invoices that are itemized to Finance.Branch@ATF.gov per ATF clause #ATF-14 IAW FAR 32.9, Prompt Payment. Payment for all goods and/or services shall be made upon Government inspection and acceptance IAW FAR clauses 52.212-4(a), Inspection/Acceptance under Contract Terms and Conditions -Commercial Products and Commercial Services, and 52.232-1, Payments, and 52.232-8, Discounts.

Additionally, the BPAH shall submit said invoice at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made and/or services rendered during a billing period and for which payment has not been received. Said invoices need not be supported by copies of delivery tickets.

ATF will make the BPAH aware of any defective performance upon discovery. The BPAH must rectify any performance defect within five (5) days and work with ATF to seek approval from the ATF POC regarding any deviation from the five (5) days. ATF will not pay a BPAH if the deliverable is not usable (i.e., a faulty transcript with excessive errors that does not accurately capture the occurrences of the hearing or audio provided).

Discounts. The BPAH shall provide maximum discounts as practicable. Since price reductions are encouraged for this award, especially when purchasing in volumes, the BPAH may voluntarily decrease prices throughout the life of the vehicle, including spot discounting, upon written notification to the CO.

List of BPAHs (to be determined @ award.).

BPA Setup # BPAH Business Size & Socio- Economic Program(s)

Point of Contact’s (POC’s) Info

{Name (e-dress), #}

Wage Determinations. The Service Contract Labor Standards statute applies to this requirement although the locations aren’t known in advance. IAW FAR 22.1002 and 52.222-55, the BPAH must pay its employee(s) performing work under this agreement not less than the federal-minimum wage provided in section 6(a)(1) of the Fair Labor Standards Act.

4. PERSONNEL

The BPAH shall provide only qualified and certified court reporters who meet the qualifications for each specific hearing location.

Certification requirements for court reporters may differ among states, the District of Columbia (D.C.), and U.S. Territories.

Court reporters must possess the appropriate certification(s) for the state, District of Columbia (D.C.), or U.S. Territory where the hearing will take place. The BPAH shall assign only one (1) court reporter to each administrative process from its beginning to end. If an unforeseen emergency should occur that would require absence of the assigned court reporter, then the proposed substitute shall have comparable qualifications to the person being replaced; additionally, the previous personnel shall make his/her work available to the substitute/replacement in order for the person to complete the requirement. The BPAH shall provide a detailed explanation of the circumstances necessitating the proposed substitution(s) and any additional information requested by the COR. The court reporter must:

• be competent, efficient, and experienced;

• have the necessary training and education in court reporting;

• have adequate and appropriate court reporting equipment to produce accurate and timely transcribed testimony from witnesses in these hearings or processes;

• have at least one- (1-) year experience in court reporting and have the necessary training and education required by the appropriate state;

• have strong customer-service skills;

• pay attention to detail;

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• have demonstrated ability to balance multiple priorities, adhere to detailed policies and procedures, and meet strict deadlines;

• be punctual and physically present at all proceedings, meaning the court reporter must appear at the location for the proceedings, if required;

• demonstrate a professional demeanor;

• provide all the necessary equipment to perform their duties and accomplish the deliverables described in Section 6 below –

Tasks & Deliverables…; and

• be available for varying lengths of time each day and even over multiple days based on the proceeding(s).

5. TASKS & DELIVERABLES – HEARINGS, COURT REPORTING, & TRANSCRIPTION(S)

The BPAH shall:

• Provide one (1) electronic transcript in an Adobe portable-document format (PDF) to a specified government email address provided by the COR or ATF POC per requirement/assignment. In some cases, said authorities may request a certain number of paper copies be delivered securely to a specified location. ATF reserves the right to request a certified copy later if a civil action is filed. Transcribed testimony must be returned to the assigned ATF attorney and/ATF POC within 10 business days of each testimony. If transcribed testimony is needed before 10 business days, then ATF will notify the BPAH when scheduling services.

• Notify the COR and CO immediately, in any instance, where a situation (actual or potential) may delay, threaten to delay, or cancel the timely performance of this requirement/agreement. Include in the notificataion all relevant information and corrective actions being taken. If the BPAH does not provide such notification once known, the Government reserves the right to hold it fully accountable for problems/issues (inconvenience{s}) incurred as a result of such delays or cancellations, including denial of delivery-time extensions and any expenses incurred from now having to schedule a hearing(s) with another vendor.

• Find another, equally-qualified individual for the hearing if, after notice of a proposed hearing, the BPAH’s employee does not appear at the time and place specified for the hearing. Consequently, the BPAH shall bear/pay any difference in cost if its employee or replacement does not or cannot appear at the time and place specified for the hearing, and the Government is compelled to obtain a court reporter from another company.

• Provide audio-transcription services, on an as-needed basis, as required by ATF. The BPAH shall transcribe recorded dictation and provide a secure, electronic method of transferring audio files from ATF to the BPAH.

Since the BPAH’s transcripts of recorded dictation shall contain no typographical errors or misspelled words, the BPAH shall correct and retype, at no cost to ATF, those transcripts that are of unacceptable quality in either accuracy or appearance as determined by ATF's COR, assigned ATF attorney, or ATF POC. ATF’s POC will monitor and document the number of corrections required in each transcript and the frequency of such.

• shall respond to ATF's communications within one- (1-) to two- (2-) business days via email.

The BPAH is not authorized to provide additional copies of the transcript to anyone other than the government employee provided by the COR or designated ATF POC for the hearing. The BPAH shall assume responsibility for any expenses incurred for any unauthorized copies.

6. PERIOD OF PERFORMANCE

The period of performance will consist of a five- (5-) year ordering period, from the date of award. Court reporting and transcription requirements will occur intermittently through each year; the requirement may be of an urgent need with only one (1) day in-advance notice. ATF will strive to notify the BPA Holder at the earliest possible time; however due to mission requirements, advanced notice could be limited.

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7. PLACE OF PERFORMANCE

Either the location of the hearing or an ATF POC will determine the place of performance. The ATF POC for the assigned hearing will notify/inform the BPAH of the hearing location. The BPAH shall provide an in-person, court reporter for all hearings unless ATF otherwise identifies a deviation (i.e., virtual appearance). Similarly, the BPAH shall request advance approval from the ATF POC for the hearing(s), in conjunction with the COR, for any deviation from in-person court reporting (i.e., virtual).

The BPAH shall offer services throughout the U.S.; this includes the District of Columbia, U.S. Territories and the following states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

8. GOVERNMENT-FURNISHED EQUIPMENT (GFE), GOVERNMENT-FURNISHED PROPERTY (GFP), &

GOVERNMENT-FURNISHED INFORMATION (GFI)

ATF does not anticipate GFE or GFP. It does, however, anticipate the following GFI: the time, location, and party information for case(s), hearing(s), and/or deposition(s). ATF may provide other GFI at the time of the hearings and depositions.

9. TRANSPORTATION

The BPAH shall provide its own transportation to support this requirement. Any expenses related to transportation shall be included in the BPAH’s expenditures when it is outside of the local commuting area (outside of a 50-mile radius) IAW the Federal Travel Regulation. Travel expenditures that are within the local commuting area (within 50-mile radius) will not be reimbursed. It’s rare the contractor would need to fly or incur an overnight stay.

10. ORDER & CONTRACT TYPES

IAW FAR subpart 12.207, the Government anticipates negotiating a firm-fixed price (FFP) order type for the BPA calls/order and FFP-contract type for the BPA setups although the latter are agreements/purchasing vehicles (not contract vehicles).

11. QUALITY CONTROL OF OBJECTIVES

The BPAH shall provide the reviews and quality checks necessary to ensure the reporting and transcriptions conform to acceptable-government standards. The BPAH shall not send/forward any transcripts to the government until its quality checks reveal full-format conformance and free from error. Quality checks also include permitting the Government and the other party(ies) in the hearing to review and correct the transcript before it is finalized.

The BPAH shall closely monitor its performance to ensure it’s meeting the requirements for timely delivery of hearing transcripts. The BPAH shall advise the COR or ATF POC in advance, when timely delivery cannot be made and provide an estimated time for when correction of delivery will be made. If the BPAH doesn't already have in place a quality-management system, then ATF recommends it implement one consistent with the International Organization for Standardization (ISO) 9001-2000, “Quality Management Systems Requirements.”

The BPAH agrees that, at a minimum, all assigned court reporters shall:

• Be qualified, certified, competent, efficient, experienced, trained, and educated in court reporting.

• Adhere strictly to the instructions of the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.

• Transcribe everything spoken while a hearing is in session unless the presiding official directs an off-the-record proceeding. In those instances, take notes as required.

• Record hearings properly using professional, electronic-recording devices, in addition to being present at the hearing, if required.

• Provide a back-up system to whichever primary recording method is used – The back-up system must also be a professional, electronic-recording device, and shall at a minimum:

• be continuously monitored by an operator.

• have simultaneous playback, listening pre-amplification and speaker identification capabilities.

• have an equipment-malfunction indicator.

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• Maintain an audio recording of the testimony and provide it to the assigned ATF attorney for the process (or the COR) to clarify issues associated with testimony content, at the request of the Government.

• Be present in the room when: 1) witnesses are interviewed, 2) testimony is given, and/or 3) witnesses are called back for additional testimony. The assigned ATF attorney or ATF POC will inform the court reporter of the anticipated duration of the process and when the process has been completed.

The BPAH shall request advance approval from the ATF POC for the hearing(s), in conjunction with the COR, for any deviation from in-person court reporting (i.e., virtual).

12. QUALITY ASSURANCE

The Government will perform quality assurance at destination IAW FAR 46.403. It will monitor and evaluate the BPAH’s performance under this BPA IAW the below table to assure the contractor is performing IAW the requirements of this PWS.

While the assigned ATF attorney or ATF POC will evaluate the quality and timeliness of the product(s) and services and notify the COR of the acceptability of the product and services, only an appointed COR is authorized to monitor the BPAH’s performance on behalf of the CO.

13. PERFORMANCE-REQUIREMENTS SUMMARY (PRS)

The PRS details and identifies the contract requirements by performance objectives that relate directly to mission-essential elements in the PWS (i.e., deliverables). The performance threshold describes the minimum standard of service required for said contractor requirements. The acceptable-quality levels (AQLs) show the deviation from contract requirement (i.e., room for errors/mistakes/ defects, etc.). The various surveillance methods are used to monitor contract performance and mitigate risks such as noncompliance and breaches that could negatively impact the desired outcome, thus proactively identifying and addressing potential issues. Lastly, the performance disincentive is a process that serves to: motivate the contractor to meet the AQLs and encourage the contractor to improve the quality of its performance.

The COR, with input from the involved/affected, ATF offices/personnel, will evaluate the contractor’s performance to determine whether it meets the performance thresholds. The contractor shall provide the COR a written response explaining why its performance did not meet the stated threshold, how it will return performance to acceptable levels, and how it will prevent recurrence of the issue in the future.

Performance Objective Performance

Threshold (Standard) AQL / Government

Expectation Surveillance Method Performance

Disincentive Full representation at all scheduled hearings

A trained and experienced court reporter shall be present and on time for all scheduled hearings with functioning recording equipment.

Not late to more than three (3) hearings per year. (Late is when the BPAH is not present and ready to work at the required start time of the hearing.) ATF recommends the BPAH arrive 15 minutes earlier than the scheduled-start time to attain this requirement.

Direct Observation - ATF attendees will monitor the hearings/proceedings.

This includes but is not limited to an attorney and the director of industry operations.

If a hearing is rescheduled due to the BPAH not meeting the performance standard, then it must reimburse ATF for any costs (direct and indirect) associated to rescheduling the hearing.

Timely Deliverables BPAH shall provide transcriptions digitally in Adobe via a PDF, and/or securely deliver a specified number of paper copies to a specified Government location.

Transcriptions shall be emailed within 10 days to the ATF POC.

Less than 10 of the transcripts are late.

Random Sampling – ATF offices will notify the CO or COR when a transcription is late.

If the BPAH does not meet the standard, it shall reduce the final invoice for any late transcriptions by 20%.

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BPAH shall communicate, in writing, immediately if it foresees any change to this delivery time.

Error-Free Deliverables Hearing recordings and transcriptions must accurately reflect that which transpired at the hearing. This includes transcriptions from audio files.

ATF will return inaccurate recordings and transcriptions for correction to the BPAH.

The BPAH shall make all corrections and re-deliver to the ATF COR, ATF attorney, or ATF POC within five (5) days of notification of the need for correction and at no additional cost to the Government.

100% Inspection – Transcripts will be reviewed by the ATF COR, ATF attorney, or

ATF POC.

If additional corrections are needed after ATF reviews and returns the transcript with corrections once, then the BPAH shall reduce the final invoice by 10%.

14. SETUP ADMINISTRATION

Notwithstanding the BPAH's responsibility for total-management responsibility during the performance of this agreement, the administration requires maximum coordination among the CO, COR, and BPAH. The CO and COR shall be the Government’s POCs during performance of this agreement:

The CO is responsible for the administration of this setup. Said individual is the only person authorized to approve changes in the terms, conditions, delivery schedules, technical requirements, or price, as set forth in the setup. Any changes not made expressly by the CO will be considered to have been without authority. In such cases, the BPAH is operating at its own risk because no adjustment will be made in the setup or otherwise to cover any increase in charges incurred as a result thereof.

During any absence of the CO identified for this setup, another warranted CO(s) from ATF may authorize work under the setup.

The CO will appoint and designate the COR in writing to represent him/her. The COR has the authority to monitor all technical aspects and assist in administering the setup. Said individual shall ensure the BPAH performs the technical requirements of the setup by: performing, or causing to be performed, inspections necessary in connection with performance of the setup;

maintaining both written and oral communications with the BPAH concerning the aspects of the setup within his/her purview;

monitoring and assessing the BPAH's performance under the setup and notifying the BPAH and CO of any deficiencies observed; receiving and approving/rejecting task-order deliverables, invoices and certain-other requests as mentioned in a previous Section(s); also coordinating GFP availability and providing for site entry of BPAH’s personnel, if required.

The COR will forward a copy of his/her COR-Appointment Memo to the BPAH. Said letter will include the responsibilities and limitations of the COR and clarify to all parties the responsibilities that would result in a modification to change: the scope of work; cost or price totals/estimates; delivery dates/schedule; and/or any other mutually-agreed upon term or provision of the setup.

15. ORDER OF PRECENDENCE

The T&C of this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the T&C of the BPA and the BPAH’s invoice, etc., the T&C of this BPA take precedence. Betterments, if any, proposed by the BPAH under this BPA or the individual calls/orders issued against it which exceed the requirements identified in this BPA setup shall be considered the new requirements upon award that the BPAH shall meet.

16. SECURITY

Historically while this requirement has not required an ATF background investigation, police checks may be required if the BPAH’s personnel must enter an ATF facility (i.e., HQs) per clause #ATF-04. Additionally, if said investigation is required based on the sensitivity and classification level of the requirement/case, then ATF will notify the BPAH immediately. The BPAH’s employee selected for a

15A00024Q00000009 Page 12 of 71 sensitive and classified requirement/case must pass his/her clearance(s) through the background investigations ATF conducts. BPAH are reminded that ATF is a law-enforcement agency when selecting personnel for this project.

17. CLOSEOUT

The BPAH shall submit a final invoice within 45-calendar days after the end of the performance period. Within 15-calendar days of receiving the final payment, the BPAH shall furnish a completed and signed Release of Claims to the CO unless incorporated into the Closeout modification.

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Section 2 - Contract Clauses

2852.212-4 Contract Terms and Conditions, Commercial Items (FAR Deviation) (NOV 2020)

When a commercial item is contemplated (using FAR part 12 procedures or otherwise) and the contract will include FAR 52.212-4, the following replaces subparagraph (g)(2); paragraph (h); subparagraph (i)(2); paragraph (s); and paragraph (u), Unauthorized Obligations, of the basic FAR clause, and adds paragraph (w), as follows:

(g)(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment act regulations at 5 CFR part 1315, as modified by subparagraph (i)(2), Prompt payment, of this clause.

(h) Patent indemnity. Contractor shall indemnify and hold harmless the Government and its respective affiliates, officers, directors, employees, agents, successors and assigns (collectively, “Indemnities”) from and against any and all liability and losses incurred by the Indemnities that are (i) included in any settlement and/or (ii) awarded by a court of competent jurisdiction arising from or in connection with any third party claim of infringement made against Indemnities asserting that any product or service supplied under this contract constitutes infringement of any patent, copyright, trademark, service mark, trade name or other proprietary or intellectual right. This indemnity shall not apply unless Contractor shall have been informed within a reasonable time by the Government of the claim or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. This indemnity also shall not apply to any claim unreasonably settled by the Government which obligates Contractor to make any admission or pay any amount without written consent signed by an authorized officer of Contractor, unless required by final decree of a court of competent jurisdiction.

(i)(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations (5 CFR part 1315), with the following modification regarding the due date: For the sole purpose of computing an interest penalty due the Contractor, the Government agrees to inspect and determine the acceptability of any supply delivered or service performed specified in the invoice within thirty (30) days of receipt of a proper invoice from the Contractor, after which time, if no affirmative action has been taken by the Government to accept such supply or service, the supply or service will be deemed accepted and payment due thirty (30) days from the date of deemed acceptance. If the Government makes the determination that the item delivered or service performed is deficient or otherwise unacceptable, or the invoice is otherwise determined not to be a proper invoice, the terms and conditions of this paragraph regarding prompt payment will apply to the date the Contractor corrects the deficiency in the item delivered or service performed or submits a proper invoice. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Payments, Invoice, Other Compliances, and Compliance with Laws Unique to Government Contracts provisions of the basic FAR clause at 52.212-4, and the Unauthorized Obligations and Contractor's Commercial Supplier Agreements—Unenforceable Clauses provisions of JAR 2852.212-4.

(3) FAR 52.212-5.

(4) Other paragraphs of the basic FAR clause at 52.212-4, with the exception of paragraph (o), Warranty, and those paragraphs identified in this deviation of 52.212-4.

(5) Addenda to this solicitation, contract, or order, including contractor's Commercial supplier agreements incorporated into the contract.

(6) Solicitation provisions if this is a solicitation.

(7) Paragraph (o), Warranty, of the basic FAR clause at 52.212-4.

(8) The Standard Form 1449.

(9) Other documents, exhibits, and attachments.

(10) The specification.

(u) Unauthorized obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract or order is subject to any Commercial supplier agreement that includes any language, provision, or clause requiring the Government

15A00024Q00000009 Page 14 of 71 to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (see 31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the commercial supplier agreement. If the commercial supplier agreement is invoked through an “I agree” click box or other similar mechanism ( e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the commercial supplier agreement and have no effect.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercial supplier agreements—unenforceable clauses. When any supply or service acquired under this contract or order is subject to a contractor's commercial supplier agreement, the following shall be deemed incorporated into such agreement and modifies and replaces any similar language, provision, or clause in such agreement. As used herein, “this agreement” means any contractor commercial supplier agreement:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the U.S.

Government, the following shall apply:

(i) Applicability. This agreement is a part of a contract between commercial supplier and the U.S. Government for the acquisition of the supply or service that necessitates a license or other similar legal instrument (including all contracts, task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind the Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language, provision, or clause purporting to subject the U.S. Government to the laws of any U.S. state, territory, district, or municipality, or the laws of a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted and shall have no effect.

(B) Any language, provision, or clause requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted and shall have no effect.

(C) Any language, provision, or clause prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted and shall have no effect.

(iv) Continued performance. Notwithstanding any other provision in this agreement, if the Contractor believes the Government to be in breach of this contract, order, or agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in subparagraph (d), Disputes, of FAR 52.212-4.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to the contract, order, or this agreement, (A) binding arbitration shall not be used unless otherwise specifically authorized by agency guidance, and (B) equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute.

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. Material terms are defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease the overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provisions of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) Order of precedence. Any Order of Precedence clause in any commercial supplier agreement is not enforceable against the Government. The applicable Order of Precedence for this contract, order, or agreement is FAR 52.212-4(s), as revised by JAR 2812.302 and 2852.212-4(s).

(viii) No automatic renewals. If any license or service tied to period payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by a properly warranted contracting officer, and any provision or term of any license or service purporting to provide for automatic renewal is unenforceable against the Government.

(ix) Indemnification by the Government or end-user. Any language, provision, or clause of this commercial supplier agreement requiring the Government or End-user to indemnify the commercial supplier or licensor is not enforceable against the Government.

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(x) Indemnification by the commercial supplier or licensor. Any clause of this agreement requiring or permitting the commercial supplier or licensor to defend the Government as a condition of indemnifying the Government for any claim of infringement is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C. 516.

(xi) Audits. Any language, provision, or clause of this commercial supplier agreement permitting Contractor to audit the end user's compliance with this agreement is not enforceable against the Government. To the extent any language, provision or clause of this agreement permits Contractor to audit the Government's compliance under this contract, order, or agreement, such language, provision, or clause of this agreement is hereby stricken and replaced as follows:

“(A) If Contractor reasonably believes that the Government has violated the terms of this agreement with regard to the restrictions on authorized use and/or the number of authorized users, upon written request from Contractor, including an explanation of the basis for the request, DOJ will provide a redacted version of the Government's most recent Security Assessment and Authorization package (SAA) to Contractor on a confidential basis, so that Contractor may reasonably verify the Government's compliance with its obligations under this agreement.