Amendment 0004 (SF30).pdf

15A00024Q00000009/0004 Page 1 of 17

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

1 17

2. AMENDMENT/MODIFICATION NUMBER

3. EFFECTIVE DATE

06/10/2024

4. REQUISITION/PURCHASE REQUISITION NUMBER

DJA-23-AOCC-PR-0093

5. PROJECT NUMBER (If applicable)

15A000CODE

ATF - ACQUISITIONS

MANAGEMENT DIVISION

99 NEW YORK AVE. NE, #3.S-153

WASHINGTON, DC 20226

Sheray Millhouse

(O) 2026489071

(F) 2026489654 Sheray.Millhouse@ATF.gov

6. ISSUED BY CODE7. ADMINISTERED BY (If other than Item 6)

9A. AMENDMENT OF SOLICITATION NUMBER

15A00024Q00000009

CODE FACILITY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, country, state and ZIP Code) (X)

X 9B. DATED (SEE ITEM 11)

04/19/2024

10A. MODIFICATION OF CONTRACT/ORDER

NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X XThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing items 8 and 15, and returning __1__copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

ORDER NUMBER IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______ copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Amendment #0004 hereby: 1) updates Section 4.1(c) of the Quotation Instructions to notate the 1st page of the standard form (SF) 1449 & SF30s needs to be signed & included with the offeror's quotation submission, not the entire solicitation/amendment & addenda; 2) attaches the revised Pricing Matrix with correct, total calculations for Years 2-5 of the Appearance Fee & Transcription Cost sections; and 3) updates Sections 4-L & 5-M to change the blue font to black &/or remove the corresponding brackets for the updates made via Amendment #0003.

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

Sheray A. Millhouse Contract Specialist

(Signature of person authorized to sign)

15B. CONTRACTOR/OFFEROR 15C. DATE SIGNED

By (Signature of Contracting Officer)

16B. UNITED STATES OF AMERICA 16C. DATE SIGNED

Previous edition unusable STANDARD FORM 30 (REV. 11/2016) Prescribed by GSA FAR (48 CFR) 53.243

15A00024Q00000009/0004 Page 2 of 17

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

2.1 Price/Cost Info for Contractor

3 List of Attachments 4 Solicitation Provisions

4-L QUOTATION INSTRUCTIONS (STREAMLINED)

5-M EVALUATION INFORMATION

15A00024Q00000009/0004 Page 3 of 17

Section 1 - Commodity or Services Schedule

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

Clearly display Solicitation #15A00024Q00000009 on all submissions.

Firm Fixed Price

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

Previous :

Change: 0

Current : 60

MO $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

PSC: R606

Previous :

Change: 0

Current : 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, 15A00024Q00000009/0004 Page 4 of 17 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.

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 256 since fiscal year 2019 per the below table.

Fiscal Year (FY) Total # of Hearings Requiring Court Reporters

FY19 30

FY20 37

FY21 37

FY22 170

FY23 256

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.

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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 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.

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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;

• 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

15A00024Q00000009/0004 Page 7 of 17 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.

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.”

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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.

• 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

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.

15A00024Q00000009/0004 Page 9 of 17 arrive 15 minutes earlier than the scheduled-start time to attain this requirement.

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.

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

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%.

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

15A00024Q00000009/0004 Page 10 of 17 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 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.

Section 2 - Contract Clauses

Clauses By Full Text

2.1 Price/Cost Info for Contractor

Since this requriement is for nationwide services to where the Service Contract Labor Standards (formerly the Service Contract Act) applies, the resulting awardees must pay their personnel performing work under the resulting BPA setups and calls not less than the applicable/federal, minimum-wage rate required under Executive Order 14026 (formerly 13658) and as provided in §206(a)(1) of the Fair Labor Standards Act unless the particular state requires a higher, minimum wage.

The respective, Wage Determinations (WDs) will be added to the BPA calls and subject to adjustment after one (1) year and not less often than once every two (2) years.

Said Act is located here: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter8&edition=prelim; and WDs can be searched & located here: https://sam.gov/search/?index=sca&page=1&pageSize=25&sort=-modifiedDate&sfm %5BsimpleSearch%5D%5BkeywordRadio%5D=ALL&sfm%5BsimpleSearch%5D%5BkeywordEditorTextarea%5D=&sfm %5Bstatus%5D%5Bis_active%5D=true.

Section 3 - List of Attachments

No Clauses

Identifier Title Number of Pages

1 Att.A_Pricing Matrix-U 1 2 Att.B_Questions & Responses 1

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Section 4 - Solicitation Provisions

Provisions By Full Text

4-L QUOTATION INSTRUCTIONS (STREAMLINED)

1.0 INTRODUCTION

This is a full-and-open, competitive solicitation/request for quotation (RFQ) for in-person, court reporter and transcription services (nationwide) per the enclosed PWS under the Federal Acquisition Regulation (FAR) subpart 13.5. ATF anticipates such resulting in multiple-award, blanket-purchase agreements (BPAs).

2.0 QUOTATION LAYOUT & STRUCTURE

VOLUME (Vol.) SECTION 1 “Introduction & Business Documentation” Section

Section A – Table of Contents and Introduction, Section B – Executive-Level Summary/Abstract & Corporate Qualifications, and Section C – Contractual Documents

“Non-Pricing” Section Section D – Factor 1, Past Performance Section E – Factor 2, Technical Experience & Capability

2 “Pricing” Section Section F – Factor 3, Price

• SubFactor, SubContracting (SubC)/Commercial Plan OR Attestation of Small Business (SB) size

3.0 SUBMISSION DETAILS/REQUIREMENTS

The offeror shall/must:

• submit a complete response, demonstrating its ability to accomplish the work described in the PWS of this RFQ to the Contracting Officer (CO), Sheray Millhouse, via UnisonGlobal by the response date and time shown in Block 8 of the SF1449 (or Block 14 of the SF30, if amended to extend).

• comply with all terms and conditions set forth in the RFQ to be considered responsive and acceptable.

• submit uncompressed/condensed/un-zipped e-files, size of 15MB or less – Per Section 2.0 above, QUOTATION LAYOUT & STRUCTURE, there should be no more than (NMT) three (3) files total for the submission: “Introduction & Business Documentation” & “Non-Pricing” Sections (Volume {Vol.} 1); “Pricing” Section (Vol. 2); and the completed Pricing Matrix (Vol. 2, also Attachment A).

• • The “Introduction & Business Documentation” & “Non-Pricing” Sections (Vol. 1) shall be in Microsoft (MS) Word or Adobe and estimated at 15 pages. Offeror shall ensure: 1) all sections are clear and concise, logically assembled, indexed, and cross-indexed to the applicable part(s) of the RFQ and/or PWS as appropriate; and 2) clearly identify and address each task/functional area and deliverable in the PWS, sequentially within this section.

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• • The “Pricing” Section (Vol. 2) shall include an explanation of the offeror's pricing and be in MS Word/Adobe.

The offeror shall also complete and submit the “Att.A_PricingMatrix…” via Excel. This section is estimated to be 10 pages, including the SubC Plan/SB Attestation, Pricing Matrix, and Acceptance/Non-Acceptance of the Government purchase card (GPC). The offeror shall: 1) present all information in an organized fashion and provide a basis of estimate, explaining the level of effort used to calculate the prices so ATF understands the price of the work to be performed; and 2) use NMT two- (2-) digit, decimal places for all rates to avoid rounding discrepancies and include its SubC/Commercial Plan OR Attestation of its small-business (SB) size within this section.

• clearly identify and address all of ATF’s requirements within this RFQ, including Sections A through F (per Section 2.0 above, QUOTATION LAYOUT & STRUCTURE).

• completely address all factors to be considered, reviewed, and evaluated – The offeror’s response must be clear, concise, and specific; statements that it ‘understands the requirement and will comply’ solely are not satisfactory.

• use the “Att.B_Qs_RsTemplate…” (Attachment B) to submit questions pertaining to this solicitation to the CO via email by 3:00pm Eastern Standard Time on April 26, 2024. This will ensure she publishes/releases responses and issues a timely amendment(s), if necessary. Since the deadline for questions has passed, the Government may not entertain additional questions moving forward.

• use single spacing and 8 ½” x 11” paper with: one (1) font style (i.e., Arial, Bookman Old Style, Calibri, Garamond, Georgia, Mont, or Times New Roman); font colors (Black and/or Blue); and font size 10-14.

• • Illustrations (e.g., graphic figures, graphs, and tables) may use font colors other than black or blue, with font sizes 7-12 acceptable, provided the information is visible and legible via a computer.

• • Headers, footers and title/cover pages may be outside the page margins and are not bound by the font style, size, or color requirements.

NOTES

For quotations to be considered, reviewed, and evaluated, the offeror is cautioned that:

1. its submission adheres to the below guidelines and limitations to the maximum extent practicable:

a) offeror’s name within the filenames (i.e., 24Q-9_Vol.1_{Name}; 24Q-9_Vol. 2-PricingMatrix_{Name}; and 24Q-9_Vol.2_{Name}, if applicable);

b) clearly labeled volumes and sections within the files;

c) a uniformed-paragraph-numbering system within the files;

d) its name (no logos), #15A00024Q00000009, volume #, and page # in the footer of each page (i.e., {Name}, 15A00024Q00000009, Vol. 1, pg. X of X; and i.e., {Name}, 15A00024Q00000009, Vol. 2, pg. X of X); and

e) NMT 25 pages total (estimating 15 pages for Vol. 1 & 10 for Vol. 2, including the SubC Plan/SB Attestation, Pricing Matrix, & Acceptance/Non-Acceptance of the GPC). The Contractual documents in Section C (signed SF1449, SF30s, and fill-in provisions & clauses) are excluded from this page count.

2. the Government will not consider/review/evaluate LATE quotations, those received after the posted-response date and time, unless such would be in the best interest of the Government.

3. taking exception to any Terms &/or Conditions in the RFQ will be at its own risk.

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4. copying and pasting directly from the PWS to address any factor may result in a flaw/material failure of its quotation.

5. monitoring its email and UnisonGlobal for information/communications from the CO is crucial.

4.0 QUOTATION CONTENT

The below describes the information required for the six (6) sections, A-F, as outlined in Section 2.0 above, QUOTATION LAYOUT

& STRUCTURE.

4.1(a) Section A – The offeror shall include a Table of Contents for easy reference and an Introduction to clearly explain the purpose of its quotation.

4.1(b) Section B – The offeror shall include an Executive-Level Summary/Abstract and Corporate Qualifications, which should highlight the benefits of the company and outline why ATF should choose its company's solution. Said summary shall include the below:

• A signed letter formally transmitting the offeror's quotation.

• The offeror's name, address, website address, telephone number, data-universal-numbering-system (DUNS) number, unique-entity identifier (UEI), and cage code (likewise for any corporate affiliate at which work is to be performed).

• The name and current/working email address and phone number of the person(s) with authority to answer questions, if any, about the quotation.

• The name and current/working email address and phone number of the person(s) with contractual authority to sign on behalf of the offeror (if different from the above person).

• A statement that the quotation is valid for at least 180-calendar days from the date established for receipt of submissions.

4.1(c) Section C – The offeror shall include Contractual Documents (i.e., signed [1st page of the] SF1449 for the original RFQ, signed [1st page of the] SF30s for any amendments, and fill-ins for provisions and clauses, as applicable). These documents shall be in an acrobat file, “.pdf”, and include the printed name and signature of the official authorized to bind the company and sign documents and certifications.

• This section shall include the offeror’s fill-ins for the applicable provisions & clauses (i.e., 52.204-17, 52.204-20, 52.204-24, 52.204-26, 52.212-3, 52.222-25, 52.223-22, & ATF-50, etc. from the SF1449/“Solicitation” file) IF not already addressed via the representations & certifications within the System for Award Management (SAM).

4.1(d) Section D – Factor 1, Past Performance The offeror shall provide sufficient information, within its detailed summaries (minimum of three {3}), for its recent-and-relevant projects as well as its corresponding finalized-evaluation reports from the Contractor Performance Assessment Reporting System (CPARS), if available and applicable for work with the federal government. (Recent = within the past three {3} years. Relevant = closely connected/appropriate or similar to the size, scope, and complexity of the work described in the PWS.) The detailed summaries shall include the below information:

• organization name (government/commercial activity), address, telephone number and website address;

• contract/award/order/agreement (referred to as “project{s}” hereafter) number, as well as the applicable order/call number(s);

• title of program/project;

• contact information for the technical and/or contractual, point-of contact (i.e., name, telephone number, and e-mail address);

• contract type;

• period of performance dates;

• dollar value (awarded & final/projected-final value);

• delivery schedule (original & final/projected-final, schedule);

• scope; and

• rationale for the relevance to the prospective work to be performed under this solicitation.

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The offeror is encouraged to only submit past-performance references and detailed summaries for which it has performed at least 50% of the work. Past Performance with the federal government is preferred.

If no record of past performance exists for the offeror OR the offeror has no relevant and relevant, past performance, then it shall affirmatively state such in its submission for this Factor.

4.1(e) Section E – Factor 2, Technical Experience & Capability The offeror shall demonstrate its ability to provide all required services noted in the PWS and its SubC/commercial plan that’s compliant with FAR 19.704. Its proposed solution must meet/exceed the specifications provided in this RFQ.

The offeror must describe NMT three (3) projects/requirements in performing/providing similar services as either the prime contractor or a major subcontractor. For each, the offeror shall:

• describe each project/requirement (in terms of scope, time, dollar magnitude, and importance to customer, etc.);

• identify the customer(s);

• explain its role and contribution;

• explain how each project was similar to ATF’s requirement for court reporter and transcription services, how it was different, how its experience on that project demonstrates the offeror understands ATF’s present requirement, and how it will be successful in performing the work; and

• include point-of-contact (POC) information (name and working/current email address and phone number) for the CO and Contracting Officer’s Representative (COR), Program Manager (PM) or equivalent for each project referenced.

The offeror shall also:

• provide any information it desires to convince the Government that its proposed solution will be usable by the Government in meeting its mission needs and suitable for its intended purpose (i.e., examples of real work showing the technical experience and capability(ies) similar to the requirements outlined in the PWS); and

• include a statement regarding the number of hearings it successfully handles/manages per year (can be an average of the past three {3} years or the actual number from calendar year 2022), to include a breakdown of how many are virtual vs. in person.

4.1(f) Section F – Factor 3, Price The offeror shall fully price out its solution and complete the Pricing Matrix (Attachment A). Its proposed price shall include ALL costs, discounts/reductions, and even other expenses (i.e., minimum fees, minimum hours, and miscellaneous expenses {i.e., certified copies;

transportation cost; expedited services/fees; other/additional, administrative-service fees, and additional pages, etc.}). The offeror’s proposed labor rates shall be compliant with the respective Wage Determination in accordance with (IAW) FAR subpart 22.1009-4.

The offeror must include sufficient and detailed information/material (i.e., various fees, labor category/rates/hours, etc.) in this section to allow the CO to perform an analysis of the proposed price of the work to determine price reasonableness.

The offeror shall also indicate whether it accepts the GPC since ATF may not issue convenience checks for covered services under $2.5K.

SubFactor: SubC/Commercial Plan OR Attestation of SB size

IAW FAR subpart 19.704, the offeror which is other-than a SB concern/large business (LB) shall submit a SubC/Commercial Plan.

The LB offeror shall:

• state how it anticipates meeting the ATF’s goals above, or if unable to meet any or all goals, describe why it is unable to meet them and how it will work towards meeting them. This will assure maximum opportunities to participate in the performance of the resulting awards are provided to the following concerns: SBs; small-disadvantaged businesses (SDBs);

women-owned SBs (WOSBs); service-disabled-veteran-owned SBs (SDVOSBs); and historically-underutilized-business (HUB) zones (HUBZones).

• attest to its total-combined percentage of work to be performed by both large and small businesses (include the percentage of work to be performed both by prime and subcontractors).

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• identify its proposed SB category, including the nature of products and/or services to be subcontracted, and state separately the estimated total dollars and percentages that will be subcontracted to any of the SB concerns.

The SB offeror shall provide a statement (less than one {1} paragraph) attesting to its SB status as noted via SAM in clause #52.219-1, Small Business Program Representations.

Below are the SB goals for this requirement (also DOJ’s goals):

Concern Prime

SB* 33.5%*

SDB 17.2%

WOSB 5%

SDVOSB 5%

HUBZone 3% *mandatory minimum

5-M EVALUATION INFORMATION

1.0 EVALUATION METHODOLOGY

The Government will fairly consider all quotes received and conduct a comparative evaluation of all timely offers (per FAR subpart 13.106-2({b})({3}). Using the evaluation criteria below, the Government will determine which offerors propose the best value (greatest-overall benefit per FAR 2.101) to the Government.

2.0 EVALUATION CRITERIA

The Government will evaluate the quotations in a simplified manner (efficient and minimally-burdensome fashion) using the below, evaluation criteria consisting of non-price factors and price factors.

• Factor 1: Past Performance

• Factor 2: Technical Experience & Capability

• Factor 3: Price

• SubFactor: SubC/Commercial Plan OR Attestation of SB size

The Government will determine which offerors propose the best value (FAR subpart 13.106-1{a}{2}{ii}) to the Government based on their demonstrated ability(ies) and capability(ies) in relation to this requirement as well as their demonstrated feasibility of successful implementation of said requirement and their price. The Government reserves the right to reject any quotation that’s non-compliant with the solicitation, unreasonable, or doesn’t comprehend the complexity or risks associated with the work to be performed.

3.0 GOVERNMENT'S APPROACH

3.1 Factor 1, Past…