Solicitation_15JA05-19-R-00000039.pdf

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Attached to: Court Reporter Federal contract opportunity
Solicitation number: 15JA05-19-R-00000039
Issued by: Department of Justice Offices Boards and Divisions Executive Office for US Attorneys

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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15JA05-19-R-00000039

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/10/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Charmella Ware charmella.ware@usdoj.gov

b. TELEPHONE NUMBER (No collect calls) 8. OFFER DUE DATE / LOCAL

TIME

04/25/2019 17:00:00

CODE 15JA05

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530

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

X SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS: 561492

SIZE STANDARD: $15,000,000

10. THE ACQUISITION IS

SEE

SCHEDULE

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

NET 30

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR 700)

13b. RATING

RFQ IFB X RFP

14. METHOD OF SOLICITATION

15JA67CODE15. DELIVER TO

U.S. Attorneys Office Middle District of Pennsylvania 235 N. Washington Ave Suite 311 W. J. Nealon Federal Bldg.

Scranton, PA 18501-0309

CODE 15JA0516. ADMINISTERED BY

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530

FACILITY

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15JA67CODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office Middle District of Pennsylvania 235 N. Washington Ave Suite 311 W. J. Nealon Federal Bldg.

Scranton, PA 18501-0309

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

OFFER SEE ADDENDUM

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

CHECKED

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

Grand Jury and Deposition Court Reporting Services for the United States Attorney's Office (USAO) Middle District of Pennsylvania-Scranton Office.

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

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

X 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE X 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

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: REF. _____________________________ 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)

Charmella C Ware

31c. DATE SIGNED

04/10/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15JA05-19-R-00000039 Page 1 of 59

19.

ITEM NO.

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. 2/2012) BACK

15JA05-19-R-00000039 Page 2 of 59

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Statement of Work EOUSA AI-10-1E Federal Grand Jury Court Reporter Security Requirements (December 2015) EOUSA AI-10-1B Security of Department Information and Systems (April 2015) EOUSA AI-10-1A Notice of Contractor Personnel Security Clearance Requirements (May 2016) EOUSA AI-10-1D Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007)

3 Contract Clauses 52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) 52.212-4 Contract Terms and Conditions--Commercial Items (Oct 2018) 52.212-4 Alt I Contract Terms and Conditions--Commercial Items (Oct 2018) - Alternate I (Jan 2017) 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (Jan 2019) 52.216-8 Fixed Fee (JUN 2011) 52.219-28 Post-Award Small Business Program Rerepresentation (Jul 2013) 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving (Aug 2011) 52.225-13 Restrictions on Certain Foreign Purchases (June 2008)

4 List of Attachments 5 Solicitation Provisions

15JA05-19-R-00000039 Page 3 of 59

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Regular Transcript

Grand Jury Transcript Ordering Period 1- Scranton office

Line Period of Performance: 05/06/2019 - 04/05/2020

1,250.000000 PA $____________ $___________________

1002 Intermediate Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

1003 Daily Transcript

Grand Jury Transcript

70.000000 PA $____________ $___________________

1004 Expedited Transcript

Grand Jury Transcript

350.000000 PA $____________ $___________________

1005 Condensed Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

1006 Key Word Indexing

Grand Jury Transcript

0.000000 PA $____________ $___________________

1007 Additional Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

1008 Exhibit Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

1009 CD-R

Grand Jury Transcript

0.000000 EA $____________ $___________________

1010 Audio Cassette Tape

Grand Jury Transcript

0.000000 EA $____________ $___________________

1011 Videographer Attendance Fee

Grand Jury Transcript

0.000000 HR $____________ $___________________

1012 Attendance Fee

Grand Jury Transcript

208.000000 HR $____________ $___________________

1013 Cancellation Fee

Grand Jury Transcript

2.000000 EA $____________ $___________________

1014 Regular Transcript

Deposition Transcript

3,200.000000 PA $____________ $___________________

1015 Intermediate Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

1016 Daily Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

1017 Expedited Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

1018 Condensed Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

1019 Key Word Indexing

Deposition Transcript

0.000000 PA $____________ $___________________

1020 Additional Copies

Deposition Transcript

1,000.000000 PA $____________ $___________________

15JA05-19-R-00000039 Page 4 of 59

1021 Exhibit Copies

Deposition Transcript

120.000000 PA $____________ $___________________

1022 CD-R

Deposition Transcript

15.000000 EA $____________ $___________________

1023 Audio Cassette Tape

Misc. Expense

0.000000 EA $____________ $___________________

1024 Videographer Attendance Fee

Misc. Expense

20.000000 HR $____________ $___________________

1025 Attendance Fee

Misc. Expense

60.000000 HR $____________ $___________________

1026 Cancellation Fee

Deposition

1.000000 EA $____________ $___________________

1027 Travel Expenses

Grand Jury/Deposition

10.000000 EA $____________ $___________________

2001 Regular Transcript

Grand Jury Transcript Ordering Period 2 - Scranton office

Line Period of Performance: 05/06/2020 - 05/05/2021

1,250.000000 PA $____________ $___________________

2002 Intermediate Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

2003 Daily Transcript

Grand Jury Transcript

70.000000 PA $____________ $___________________

2004 Expedited Transcript

Grand Jury Transcript

350.000000 PA $____________ $___________________

2005 Condensed Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

2006 Key Word Indexing

Grand Jury Transcript

0.000000 PA $____________ $___________________

2007 Additional Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

2008 Exhibit Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

2009 CD-R

Grand Jury Transcript

0.000000 EA $____________ $___________________

2010 Audio Cassette Tape

Grand Jury Transcript

0.000000 EA $____________ $___________________

2011 Videographer Attendance Fee

Grand Jury Transcript

0.000000 HR $____________ $___________________

2012 Attendance Fee

Grand Jury Transcript

208.000000 HR $____________ $___________________

2013 Cancellation Fee

Grand Jury Transcript

2.000000 EA $____________ $___________________

2014 Regular Transcript

Deposition Transcript

3,200.000000 PA $____________ $___________________

2015 Intermediate Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

2016 Daily Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

2017 Expedited Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

15JA05-19-R-00000039 Page 5 of 59

2018 Condensed Transcript

0.000000 PA $____________ $___________________

2019 Key Word Indexing

Deposition Transcript

0.000000 PA $____________ $___________________

2020 Additional Copies

Deposition Transcript

1,000.000000 PA $____________ $___________________

2021 Exhibit Copies

Deposition Transcript

120.000000 PA $____________ $___________________

2022 CD-R

Deposition Transcript

15.000000 EA $____________ $___________________

2023 Audio Cassette Tape

Misc. Expense

0.000000 EA $____________ $___________________

2024 Videographer Attendance Fee

Misc. Expense

20.000000 HR $____________ $___________________

2025 Attendance Fee

Misc. Expense

60.000000 HR $____________ $___________________

2026 Cancellation Fee

Deposition

1.000000 EA $____________ $___________________

2027 Travel Expenses

Grand Jury/Deposition

10.000000 EA $____________ $___________________

3001 Regular Transcript

Grand Jury Transcript Ordering Period 3- Scranton office

Line Period of Performance: 05/06/2021 - 05/05/2022

1,250.000000 PA $____________ $___________________

3002 Intermediate Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

3003 Daily Transcript

Grand Jury Transcript

70.000000 PA $____________ $___________________

3004 Expedited Transcript

Grand Jury Transcript

350.000000 PA $____________ $___________________

3005 Condensed Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

3006 Key Word Indexing

Grand Jury Transcript

0.000000 PA $____________ $___________________

3007 Additional Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

3008 Exhibit Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

3009 CD-R

Grand Jury Transcript

0.000000 EA $____________ $___________________

3010 Audio Cassette Tape

Grand Jury Transcript

0.000000 EA $____________ $___________________

3011 Videographer Attendance Fee

Grand Jury Transcript

0.000000 HR $____________ $___________________

3012 Attendance Fee

Grand Jury Transcript

208.000000 HR $____________ $___________________

3013 Cancellation Fee

Grand Jury Transcript

2.000000 EA $____________ $___________________

3014 Regular Transcript

Deposition Transcript

3,200.000000 PA $____________ $___________________

15JA05-19-R-00000039 Page 6 of 59

3015 Intermediate Transcript

0.000000 PA $____________ $___________________

3016 Daily Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

3017 Expedited Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

3018 Condensed Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

3019 Key Word Indexing

Deposition Transcript

0.000000 PA $____________ $___________________

3020 Additional Copies

Deposition Transcript

1,000.000000 PA $____________ $___________________

3021 Exhibit Copies

Deposition Transcript

120.000000 PA $____________ $___________________

3022 CD-R

Deposition Transcript

15.000000 EA $____________ $___________________

3023 Audio Cassette Tape

Misc. Expense

0.000000 EA $____________ $___________________

3024 Videographer Attendance Fee

Misc. Expense

20.000000 HR $____________ $___________________

3025 Attendance Fee

Misc. Expense

60.000000 HR $____________ $___________________

3026 Cancellation Fee

Deposition

1.000000 EA $____________ $___________________

3027 Travel Expenses

Grand Jury/Deposition

10.000000 EA $____________ $___________________

4001 Regular Transcript

Grand Jury Transcript Ordering Period 4- Scranton office

Line Period of Performance: 05/06/2022 - 05/05/2023

1,250.000000 PA $____________ $___________________

4002 Intermediate Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

4003 Daily Transcript

Grand Jury Transcript

70.000000 PA $____________ $___________________

4004 Expedited Transcript

Grand Jury Transcript

350.000000 PA $____________ $___________________

4005 Condensed Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

4006 Key Word Indexing

Grand Jury Transcript

0.000000 PA $____________ $___________________

4007 Additional Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

4008 Exhibit Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

4009 CD-R

Grand Jury Transcript

0.000000 EA $____________ $___________________

4010 Audio Cassette Tape

Grand Jury Transcript

0.000000 EA $____________ $___________________

4011 Videographer Attendance Fee

Grand Jury Transcript

0.000000 HR $____________ $___________________

15JA05-19-R-00000039 Page 7 of 59

4012 Attendance Fee

Grand Jury Transcript

208.000000 HR $____________ $___________________

4013 Cancellation Fee

Grand Jury Transcript

2.000000 EA $____________ $___________________

4014 Regular Transcript

Deposition Transcript

3,200.000000 PA $____________ $___________________

4015 Intermediate Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

4016 Daily Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

4017 Expedited Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

4018 Condensed Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

4019 Key Word Indexing

Deposition Transcript

0.000000 PA $____________ $___________________

4020 Additional Copies

Deposition Transcript

1,000.000000 PA $____________ $___________________

4021 Exhibit Copies

Deposition Transcript

120.000000 PA $____________ $___________________

4022 CD-R

Deposition Transcript

15.000000 EA $____________ $___________________

4023 Audio Cassette Tape

Misc. Expense

0.000000 EA $____________ $___________________

4024 Videographer Attendance Fee

Misc. Expense

20.000000 HR $____________ $___________________

4025 Attendance Fee

Misc. Expense

60.000000 HR $____________ $___________________

4026 Cancellation Fee

Deposition

1.000000 EA $____________ $___________________

4027 Travel Expenses

Grand Jury/Deposition

10.000000 EA $____________ $___________________

5001 Regular Transcript

Grand Jury Transcript Ordering Period 4-Scranton office

Line Period of Performance: 05/06/2023 - 05/05/2024

1,250.000000 PA $____________ $___________________

5002 Intermediate Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

5003 Daily Transcript

Grand Jury Transcript

70.000000 PA $____________ $___________________

5004 Expedited Transcript

Grand Jury Transcript

350.000000 PA $____________ $___________________

5005 Condensed Transcript

Grand Jury Transcript

0.000000 PA $____________ $___________________

5006 Key Word Indexing

Grand Jury Transcript

0.000000 PA $____________ $___________________

5007 Additional Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

5008 Exhibit Copies

Grand Jury Transcript

0.000000 PA $____________ $___________________

15JA05-19-R-00000039 Page 8 of 59

5009 CD-R

Grand Jury Transcript

0.000000 EA $____________ $___________________

5010 Audio Cassette Tape

Grand Jury Transcript

0.000000 EA $____________ $___________________

5011 Videographer Attendance Fee

Grand Jury Transcript

0.000000 HR $____________ $___________________

5012 Attendance Fee

Grand Jury Transcript

208.000000 HR $____________ $___________________

5013 Cancellation Fee

Grand Jury Transcript

2.000000 EA $____________ $___________________

5014 Regular Transcript

Deposition Transcript

3,200.000000 PA $____________ $___________________

5015 Intermediate Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

5016 Daily Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

5017 Expedited Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

5018 Condensed Transcript

Deposition Transcript

0.000000 PA $____________ $___________________

5019 Key Word Indexing

Deposition Transcript

0.000000 PA $____________ $___________________

5020 Additional Copies

Deposition Transcript

1,000.000000 PA $____________ $___________________

5021 Exhibit Copies

Deposition Transcript

120.000000 PA $____________ $___________________

5022 CD-R

Deposition Transcript

15.000000 EA $____________ $___________________

5023 Audio Cassette Tape

Misc. Expense

0.000000 EA $____________ $___________________

5024 Videographer Attendance Fee

Misc. Expense

20.000000 HR $____________ $___________________

5025 Attendance Fee

Misc. Expense

60.000000 HR $____________ $___________________

5026 Cancellation Fee

Deposition

1.000000 EA $____________ $___________________

5027 Travel Expenses

Grand Jury/Deposition

10.000000 EA $____________ $___________________

Statement of Work

SECTION B

SUPPLIES/SERVICES AND PRICES

B.1 General

(a) The contractor shall provide Grand Jury and Deposition Court Reporting Services for the United States Attorney’s Office (USAO) in the U.S. Attorney’s Office Middle District of Pennsylvania .

15JA05-19-R-00000039 Page 9 of 59

(b) The ordering period under this contract is defined in FAR Clause 52.216-18.

(d) Multiple awards may result from this solicitation. In addition, an award may be made for grand jury services only, deposition ser-vices only or both. This decision is made at the unilateral discretion of the Government. The offeror must propose on all work as spe-cified by the solicitation. Offerors that do not propose on all work (Grand Jury AND Depositions) will be ineligible for award.

(e) There will be no Government Furnished Property for the awardee.

(f) The Department of Labor wage rates are applicable if the contractor anticipates using more than five (5) service employees to provide services under this procurement over the term of the contract.

(g) The Government requires the following for this effort: Minimum of 2 / Maximum of 3 court reporters.

(h) All Contractor personnel who will have access to Grand Jury material will need to be cleared.

B.2 Minimum Guaranteed Amount

(a) The USAO will order a minimum guaranteed amount of $TBD during the life of this contract. The minimum amount is NOT re-established with each ordering period.

B.3 Pricing

(a) All unit prices are fixed unit prices that include ALL costs (including, but not limited to: labor (including supervision), material, equipment, facilities, fringe benefits, overhead, delivery fees, travel, G&A, and profit) necessary to provide the Grand Jury and De-position Court Reporting services required in the solicitation.

(b) For planning purposes only, the following general information is provided:

1. Historically, the average number of Grand Jury proceedings per year for the USAO has been 48.

2. Historically, the average maximum number of simultaneous proceedings in any one day for the USAO has been 1.

3. Historically, the average number of depositions per year has been 15.

(c) In the event the contract is extended through FAR clause 52.217-8 Option to Extend Services, the price proposed for the final or-dering period will apply.

SECTION C

DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1 Work Statement

(a) The Contractor shall provide all labor (including supervision), material, equipment, facilities, and whatever else may be needed to record and transcribe Grand Jury and Deposition testimony, on an "as needed" basis for the USAO specified in Section B in accord-ance with the terms, conditions, and Statement of Work set forth herein.

(b) The location(s) of the courthouse(s) where Grand Jury proceedings may be required are listed below. In rare instances, services may be required at an alternative location.

William J. Nealon Federal Building 235 N. Washington Avenue Scranton, PA 18503

C.2 Grand Jury Transcripts

(a) Scheduling of Grand Jury: The USAO will notify the Contractor of the requirements for attendance at a Grand Jury no later than one business day before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating they have received the work order by returning the signed work order form or other form of written acceptable as may be agreed upon by the USAO and Contractor and communicate the name of the reporter who will be in attendance. Any change will be communicated by the Contractor to the USAO prior to the session. In the event a Grand Jury session is continued for more than one day, the Contractor will make reasonable efforts to assign the same court reporter for each continued segment of that given Grand Jury session. Should the Contractor not be able to provide the same court reporter, it will notify the USAO authorized Point of Contact before the Grand Jury session that another court reporter will be providing the court reporting services.

15JA05-19-R-00000039 Page 10 of 59

(b) Original Transcripts. Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the turn-around times as set forth below. All Grand Jury transcripts shall contain (at a minimum) a title page stating the witness's name, Grand Jury date, time of the commencement of the proceeding for that particular witness, name, title and address of the attorney appearing for the Government. The title page should also include the Grand Jury number of the case, i.e., 07 GJ 999, and the name of the Feder-al Grand Jury that the witness is appearing before. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in Section B of this contract.

Regular: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the Grand Jury. A regular transcript shall be delivered to the USAO of each witness’s testimony, only when requested by the USAO. Colloquy will not be transcribed unless requested by the USAO, in which case the transcript shall be completed and delivered on or before the 10th business day after the Contractor receives a request from USAO.

Intermediate: All intermediate transcripts shall be completed and delivered on or before the 5th business day after the Contractor re-ceives a request from the USAO. This request will sometimes be made the same day as the proceedings.

Daily: All daily Grand Jury transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testi-mony of this requirement.

Expedited: All expedited transcripts shall be delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement.

Condensed Transcripts: All condensed transcripts shall include four original transcript pages in reduced format on a single 8 ½ x 11 inch page. All condensed transcripts shall be completed and delivered to the USAO, as ordered, within the same turnaround times as set forth for delivery of an original transcript.

Key Word Indexing: The keyword index gives an alphabetical listing of each word within the transcript and provides a page and line reference.

Additional Copies of Transcripts: Even though the Government has the right to copy and distribute transcripts acquired under this contract, the Government may order additional copies of any transcript. Additional copies of transcripts shall be provided to the USAO, as ordered, within the same turnaround times as set forth above.

Videographer Attendance Fee. The Contractor is entitled to a Videographer Attendance Fee as set forth in Section B of this con-tract. This fee is payable for each hour the Contractor's videographer records a scheduled proceeding. The minimum charge for any single day is three (3) hours. The videographer is not paid during a lunch break. This hourly fee shall account for the price of the videotape/recording itself.

Attendance Fee. The Contractor is entitled to an Attendance Fee as set forth in Section B of this contract. The fee is payable for each hour the Contractor's reporter appears at a scheduled proceeding. The minimum charge for any single day is three (3) hours. Attend-ance fees will be paid for each hour the Contractor's reporter appears for a scheduled proceeding. Proceedings are presently scheduled for 9:00am to 12:00pm and 1:00pm to 5:00pm with a one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. The Contractor will generally be asked to report at 9:00am and be dismissed at 5:00pm. A shorter day may be scheduled. The Government guarantees payment of a minimum of three (3) hours. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testimony is recorded, the Contractor will be paid one (1) cancellation fee or the number of attend-ance fee the reporter was available, whichever is higher.

Cancellation Fee. The Contractor may wish to charge a cancellation fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00pm the day before the scheduled proceedings. If the USAO does not notify the contractor within the designated time, the contractor may request a cancellation fee.

Other Requirements. As follows:

• A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a tran-script be produced. Some witness testimony may never be transcribed. Colloquy will not be transcribed unless the USAO requests it.

• Each witness' testimony shall be in a separate transcript.

• If the USAO does not request that a transcript be produced, charging for estimated pages shall NOT be allowed. Only the

Attendance fee will be paid.

• Grand Jury transcripts may not be sold to anyone other than the Government under any circumstances.

Grand Jury Travel and Per Diem Reimbursement Restrictions:

The Contractor(s) shall not be entitled to travel, mileage and per diem reimbursements to and from the location for Grand Jury Report-

15JA05-19-R-00000039 Page 11 of 59 ing and hand delivery of Grand Jury transcripts. Exceptions may be made on a case by case basis at the sole discretion of the Con-tracting Officer’s Representative (COR) or the Contracting Officer and these exceptions will be reimbursed in accordance with the Federal Travel Regulations. Federal Travel Regulations can be found at this address: www.gsa.gov. All exceptions made for travel reimbursement must be pre-approved, in writing, by the Contracting Officer’s Representative (COR) or the Contractor risks non-reimbursement of travel expenses. The Contractor shall submit an itemized list of all expenses to be claimed for each trip for pre-approval for any exceptions made.

Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows:

CERTIFICATE

(I, We) hereby certify that the foregoing is a true and accurate transcript, to the best of (my, our) skill and ability, from my stenograph-ic notes of this proceeding.

Date Court Reporter

There shall be no charge for either this certification page or any index page if used.

C.3 Deposition Transcripts

(a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two business days before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply stating they have received the work order by returning the signed work order form or other form of written acceptance as may be agreed upon by the USAO and communicate the name of the reporter who will be in attendance. Any change will be commu-nicated by the Contractor to the USAO prior to the session. In the event a deposition is continued for more than one day, the Contract-or will make reasonable efforts to assign the same court reporter for each continued segment of that given deposition. Should the Contractor not be able to provide the same court reporter, it will notify the USAO before the scheduled session that another court re-porter will be providing the court reporting services.

(b) Original Transcripts. Unless otherwise stated, depositions shall be typed in an original and delivered within the turnaround times as set forth below. Transcripts may be ordered by the USAO within the following timeframes. Billing rates for these turnaround times are set forth in Section B of this contract.

Regular: All regular transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the deposition. A regular transcript shall be delivered to the USAO of each witness’s testimony, only when requested by the USAO.

Colloquy will not be transcribed unless requested by the USAO, in which case the transcript shall be completed and delivered on or before the 10th business day after the Contractor receives a request from USAO.

Daily: All daily deposition transcripts shall be delivered before 9:30am of the following business day after conclusion of each day's proceedings. This may require performance after normal business hours. The Contractor may not be notified in advance of the testi-mony of this requirement.

Expedited: All expedited transcripts shall be delivered by 9:00pm on the same day as the proceedings. The Contractor may not be notified in advance of the testimony of this requirement.

Key Word Indexing: The keyword index gives an alphabetical listing of each word within the transcript and provides a page and line reference.

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Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in Section B of this contract. The minimum charge for any single day is three (3) hours. Attendance fees will be paid for each hour the Contractor's reporter appears for a sched-uled proceeding. Proceedings are presently scheduled for 9:00am to12:00pm and 1:00pm to 5:00pm with a one (1) hour lunch break in between. The Contractor is not paid during this lunch break. These hours are subject to change. A shorter day may be scheduled.

The Government guarantees payment of a minimum of three (3) hours. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to remain available for testimony later in the day, the Contractor will be paid the hourly attendance fee during those time periods. In the event that a reporter's presence is required for a whole day and no testi-mony is recorded, the Contractor will be paid either one (1) cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher. The Contractor shall allow the Government ten (10) working days to request proceedings transcript be-fore assessing an attendance fee.

Cancellation Fee. The contractor may wish to charge a cancellation fee. The Government will notify the contractor by telephone of any cancellations no later than 5:00pm the day before the scheduled proceedings. If the Government does not notify the contractor within the designated time, the contractor may request a cancellation fee.

Other Requirements. As follows:

• A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a tran-script be produced. Colloquy outside the presence of the witness will not be transcribed unless requested by the USAO.

• Each witness' testimony shall be in a separate transcript.

Delivery. Deposition transcripts shall be delivered as instructed by the individual Assistant U.S. Attorney.

Depositions Travel and Per Diem Reimbursement Restrictions:

For depositions taken at a location OUTSIDE the 50-mile radius of the addresses listed below, the Contractor will be entitled to travel reimbursement in accordance with the Federal Travel Regulations. Federal Travel Regulations can be found at this address:

www.gsa.gov. Exceptions may be made on a case by case basis at the sole discretion of the Contracting Officer’s Representative (COR) or the Contracting Officer. The Contractor shall submit an itemized list of all expenses to be claimed for each trip for pre-approval for any exceptions made.

Sharon A. Jones U.S. Attorney's Office P.O. Box 309 Scranton, PA 18501-0309

Certification. Each reporter shall attach his/her official certification to the original transcript so recorded as follows:

CERTIFICATE

I, (NAME OF REPORTER), a Shorthand Reporter and a Notary Public, do hereby certify that the foregoing witness, (NAME OF WITNESS), was duly sworn on the date indicated, and that the foregoing is a true and accurate transcription of my stenographic notes and is a true record of the testimony given by the foregoing witness.

I further certify that I am not employed by or related to any party to this action by blood or marriage and that I am in no way interested in the outcome of this matter.

In witness whereof, I have hereunto set my hand this day of , 20 .

There shall be no charge for either this certification page or any index page if used.

C.4 Recording Requisites

(a) Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Com-puter Aided Transcription (CAT), Shorthand and/or monitored Multi-Microphone recording systems, and when permitted by the Presiding Official, by Steno mask. At the request of the USAO, recording shall also be taken by videotape. Regardless of the type of equipment used, it is mandatory that there be an accurate read back capability and that a back-up system be utilized. It is also mandat-ory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape.

Monitored Multi-microphone Recording Systems. The mandatory requirements follow:

• The Contractor's personnel shall operate and monitor the recording equipment at all times.

• The operating personnel shall provide to the USAO, prior to the commencement of each proceeding, a certification that the equipment is turned on and operating.

• The recording equipment utilized shall provide for the instant playback of testimony.

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• The equipment shall be capable of recording as many as twenty-three grand jurors together in one room with the prosecutor and the witness.

• The system utilized shall have a back-up system to allow continuous recording of speakers. The Grand Jury hearings shall not be stopped for any reason such as the changing of a tape.

• The tapes shall be of such quality that there shall be no instances of inaudibility because of accents or words used by the speakers.

• The system shall be portable to allow for transportation of tapes to another location when an immediate decision is required by a Federal District Court Judge.

• The recording monitor shall be able to identify speakers.

• A back-up system shall be available so as not to delay the proceedings.

• The equipment utilized shall not pose any safety hazards due to exposed wires, cords, or for any other reason.

Steno mask Recording. The mandatory requirements in the event steno mask recording is permitted are as follows:

• The respective systems shall be of such quality as to ensure against error, misinterpretation, or loss of voice.

• The equipment shall contain simultaneous playback, listening, and pre-amplification.

Real Time Recording. The steno machine is attached to the computer. As the steno types the strikes/words are translated into Eng-lish onto the screen.

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

Video Recording. The USAO will determine video formatting, DVD, CD or VHS.

(b) The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present himself/herself to the person in charge of the proceedings and he/she shall at all times be governed by the instructions of the Presiding Official in matters af-fecting the composition of the record, adjournment to other times or places, and matters of like character.

(c) Depositions shall be taken by a Contractor-furnished reporter who must be a duly authorized notary for the State or District in which the deposition is held. Reporters are required to comply with Rules 28 and 30 of the Federal Rules of Civil Procedure, and spe-cifically Rule 30(e), which provides in pertinent part as follows:

"If requested by the deponent or a party before completion of the deposition, the deponent shall have 30 days after being notified by the officer that the transcript or recording is available in which to review the transcript or recording and, if there are changes in form or substance, to sign a statement reciting such changes and the reasons given by the deponent for making them. The officer shall in-dicate in the certificate prescribed by subdivision (f)(1) whether any review was requested and, if so, shall append any changes made by the deponent during the period allowed."

The Contractor must give the Government its copy prior to the witness being presented their testimony. The Government may choose to present the deposition to the witness. In the event further information is desired, the above referenced volume is a part of the United States Code, Title 28 and may be found at any public library.

(d) Everything spoken pertaining to the subject matter of the deposition shall be reported, unless the Presiding Official otherwise dir-ects. No part of any proceedings, of which notes have been taken as required, shall be omitted from the record, unless the Presiding Official so directs.

(e) All notes, records, documentary exhibits, and any other material which is a part of, or relates to, any action recorded by the Con-tractor shall be the property of the United States and shall be delivered to the ordering office, together with furnished transcript, unless otherwise instructed.

(f) Right to Remove Individual Reporter - It shall be an absolute right of the Government to inform the Contractor through the Con-tracting Officer of the unacceptability of specific court reporters for Grand Jury or Deposition work. The failure of the Contractor to provide a court reporter other than one designated unacceptable by the Government shall provide a basis for the Government's de-cision to obtain court reporting services from another source.

C.5 Transcript Format

(a) A separate transcript shall be provided for each witness/deponent. The title page shall show the name of the witness/deponent, Grand Jury date, time of the commencement of the proceeding for that particular witness, docket number, the date of proceedings, the name, title and address of the attorney appearing for the Government, caption of matter, the authority for taking the deposition, etc.

and shall be followed by a page of distinctive color indexing the exhibits where applicable.

(b) The paging of the transcripts shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearings, proceeding, etc., and the paging of the transcript in a hearing shall follow consecutively the paging of the last previous hear-ing in the same case.

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(c) Each copy of the transcript furnished the Government shall be bound with covers of good quality, white or colored 140 pound in-dex paper, #1 sulphite paper, heavy weight transparent plastic, or similar material approved by the ordering office. Transcripts shall be punched with three holes at the left side; the upper and lower holes to be two inches from top and bottom of the page, third hole in the center of the resulting interval, and shall be secured with a suitable fastener of permanent nature.

(d) All transcripts shall be typed with black ribbon or reproduced by regular office type duplicating machines on white linen unglazed paper of good quality, #30 white bond paper or similar stock, to be approved by the ordering office. Transcripts shall be typed on pa-per 8 ½ inches x 11 inches in size, with a ruled margin of 1 3/4 inches at the left side and 3/8 inch at the right side. Typing shall be 10 spaces to the inch, double spaced, and shall not be less than 25 lines to the page exclusive of the line containing the witness name, date of testimony, and page number. The lines of testimony are to be numbered on each page beginning with #1. These numbers will ap-pear just to the left of the left ruled margin. Whenever testimony is continuous, requiring more than one line, the typing shall begin one blank space after the left hand ruled margin and shall continue to the right hand ruled margin, with no blank spaces. The distance between the left hand ruled margin and the right hand ruled margin will be 6 3/8 inches. Therefore, there will be no less than 60 char-acters per line available. No word should wrap to the next line that would properly fit within the 60 count. Pages necessarily contain-ing less than 25 lines shall be charged and paid for at the full-page rate. No payment will be made for lines in excess of 25 lines to the page. The first line of Q and A's will be indented 5 spaces, then followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. The first line of colloquy will be indented 10 spaces, followed by a period and 3 blank spaces. The second line will return to one blank space after the left hand ruled margin. No extraneous words should be used on the title page or at the beginning of a witness' testimony. No statement that can properly fit on a line should be extended to an addi-tional line. There should be no unnecessary blank lines unless absolutely necessary for readability. The USAO will be the sole judge of this format.

Reduced page transcripts (Condensed Transcripts) shall include four transcript pages in reduced format on a single 8 ½ x 11 inch page.

(e) Exhibits admitted in evidence, identified in a deposition, or in Grand Jury proceedings, when requested by the Government attor-ney shall be stamped, marked, numbered by the Contractor, and arranged in numerical order, as directed by the individual Assistant U.S. Attorney (AUSA) and shall be annexed to the deposition transcript. The marking shall indicate clearly whether the exhibit is offered by the complainant, protestant, intervener, defendant, respondent, applicant, the ordering office, or other party of record. The numbering of exhibits shall be in a single series of consecutive numbers, regardless of the number of days consumed in the hearing, unless otherwise directed by the Presiding Official. The number of exhibits introduced at a hearing or in a reopened case shall follow consecutively the number on the last previous exhibit introduced by such party. Exhibits shall not be copied into the record nor shall photo static copies of exhibits for inclusion in the record be made by the reporter unless the Presiding Official so directs.

C.6 Availability/Sale of Transcripts

(a) Recording of proceedings shall be transcribed by the Contractor only when directed by the USAO. In the handling of transcripts, the Contractor shall observe and comply with security requirements stipulated herein. Transcripts will not be made available to the public by the Contractor.

(b) Pursuant to Public Law 92-463, the Government reserves the right to make Grand Jury transcripts available to the public at the ac-tual cost of duplication.

C.7 Reports

The Contractor shall submit immediately, in writing, to the Contracting Officer and the USAO the following reports:

• Unauthorized Entry. A report on any information coming to his attention concerning unauthorized entry (actual, attemp-ted, or threatened) at his facilities where work for the USAO is performed.

• Loss, Compromise or Suspected Compromise. A report on any loss, compromise or suspected compromise of transcripts, notes or other related material.

• Any change of ownership, including stock transfers that affect the control of the corporation.

• Change of operating or address of the facility.

• A report of any change during the performance of the contract in location of closed or restricted areas as established, in-cluding the creation of any new areas requiring approval of the United States Attorney (USA).

• A report of any change in the storage capability which would affect the information which the Contractor is required to safeguard.

The Contractor shall also maintain and keep available for review by the USAO a master index of the Grand Jury sessions, including the date, name of Grand Jury, name of case, name of AUSA(s), case number, name of witnesses and pages from those witnesses, and the name of the court reporter.

C.8 Orders

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(a) The Contracting Officer will provide funding at the Task Order level on Optional Form 347 or Standard Form 1449, which will state the amount of funding available for each ordering period. Services to be furnished will subsequently be ordered by the issuance of work orders (see Attachment 2) signed by Contracting Officer’s Representative (COR) or Authorized Individual(s) of the USAO listed in Attachment 1. All work orders issued hereunder are subject to the terms and conditions of this contract which shall control in the event of conflict with any work order.

(b) All work orders placed under this contract must contain the following information:

• Date of Order

• Order Number

• Description of Service

• Place of Performance

• Primary Point of Contact of the work order

A sample Court Reporting Ordering Form is attached. .

(c) The Contractor shall notify the COR named in Section G.1 whenever it believes that costs incurred will exceed 75% of the funding amount specified on Optional Form 347 or Standard Form 1449.

C.9 Key Personnel

(a) The key personnel whom the Contractor shall furnish for the performance of this contract are as follows:

Name: To Be Determined Title: Court Reporter Name: To Be Determined Title: Court Reporter Name: To Be Determined Title: Court Reporter Name: To Be Determined Title: Videographer

(b) The personnel specified above is/are considered to be essential to the work being performed hereunder. Prior to replacing any of the specified individuals, the Contractor shall immediately notify both the Contracting Officer and COR reasonably in advance and shall submit written justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the pro-gram.

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