Solicitation_15JA05-19-R-00000040_-_El_Paso.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15JA0519R00000040

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

03/28/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

Charmella Ware charmella.ware@usdoj.gov

b. TELEPHONE NUMBER (No collect calls)

713-567-9368

8. OFFER DUE DATE / LOCAL

TIME

04/12/2019 17:00:00

CODE 15JA05

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

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

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

UTXWCODE15. DELIVER TO

U.S. Attorneys Office Western District of Texas 700 East San Antonio Ave.

Suite 200 El Paso, TX 79901

CODE 15JA0516. ADMINISTERED BY

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

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

UTXWCODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office Western District of Texas 700 East San Antonio Ave.

Suite 200 El Paso, TX 79901

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) Western District of Texas - El Paso

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 ____ 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

03/19/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15JA0519R00000040 Page 1 of 56

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

15JA0519R00000040 Page 2 of 56

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

15JA0519R00000040 Page 3 of 56

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

Line Period of Performance: 05/01/2019 - 04/30/2020

1,140.000000 PA $____________ $___________________

1002 E-Transcript

Grand Jury

12.000000 EA $____________ $___________________

1003 Exhibit Copies

Grand Jury

654.000000 PA $____________ $___________________

1004 Videographer Attendance Fee

Grand Jury

30.000000 HR $____________ $___________________

1005 Attendance Fee - AM

Grand Jury

234.000000 HR $____________ $___________________

1006 Cancellation Fee

Grand Jury

6.000000 EA $____________ $___________________

1007 Regular Transcript

Deposition

3,336.000000 PA $____________ $___________________

1008 Additional Copies

Deposition

288.000000 PA $____________ $___________________

1009 Exhibit Copies

Deposition

528.000000 PA $____________ $___________________

1010 Videographer Attendance Fee

Deposition

24.000000 EA $____________ $___________________

1011 Attendance Fee - AM

Deposition

24.000000 HR $____________ $___________________

1012 Cancellation Fee

Deposition

6.000000 EA $____________ $___________________

1013 MISC Expenses- Travel, Parking, Etc., 1.000000 EA $____________ $___________________

2001 Regular Transcript

Grand Jury

Line Period of Performance: 05/01/2020 - 04/30/2021

1,140.000000 PA $____________ $___________________

2002 E-Transcript

Grand Jury

12.000000 EA $____________ $___________________

2003 Exhibit Copies

Grand Jury

654.000000 PA $____________ $___________________

2004 Videographer Attendance Fee

Grand Jury

30.000000 HR $____________ $___________________

2005 Attendance Fee - AM

Grand Jury

234.000000 HR $____________ $___________________

2006 Cancellation Fee

Grand Jury

6.000000 EA $____________ $___________________

2007 Regular Transcript

Deposition

3,336.000000 PA $____________ $___________________

15JA0519R00000040 Page 4 of 56

2008 Additional Copies

Deposition

288.000000 PA $____________ $___________________

2009 Exhibit Copies

Deposition

528.000000 PA $____________ $___________________

2010 Videographer Attendance Fee

Deposition

24.000000 EA $____________ $___________________

2011 Attendance Fee - AM

Deposition

24.000000 HR $____________ $___________________

2012 Cancellation Fee

Deposition

6.000000 EA $____________ $___________________

2013 MISC Expenses- Travel, Parking, Etc., 1.000000 EA $____________ $___________________

3001 Regular Transcript

Grand Jury

Line Period of Performance: 05/01/2021 - 04/30/2022

1,140.000000 PA $____________ $___________________

3002 E-Transcript

Grand Jury

12.000000 EA $____________ $___________________

3003 Exhibit Copies

Grand Jury

654.000000 PA $____________ $___________________

3004 Videographer Attendance Fee

Grand Jury

30.000000 HR $____________ $___________________

3005 Attendance Fee - AM

Grand Jury

234.000000 HR $____________ $___________________

3006 Cancellation Fee

Grand Jury

6.000000 EA $____________ $___________________

3007 Regular Transcript

Deposition

3,336.000000 PA $____________ $___________________

3008 Additional Copies

Deposition

288.000000 PA $____________ $___________________

3009 Exhibit Copies

Deposition

528.000000 PA $____________ $___________________

3010 Videographer Attendance Fee

Deposition

24.000000 EA $____________ $___________________

3011 Attendance Fee - AM

Deposition

24.000000 HR $____________ $___________________

3012 Cancellation Fee

Deposition

6.000000 EA $____________ $___________________

3013 MISC Expenses- Travel, Parking, Etc., 1.000000 EA $____________ $___________________

4001 Regular Transcript

Grand Jury

Line Period of Performance: 05/01/2022 - 04/30/2023

1,140.000000 PA $____________ $___________________

4002 E-Transcript

Grand Jury

12.000000 EA $____________ $___________________

4003 Exhibit Copies

Grand Jury

654.000000 PA $____________ $___________________

4004 Videographer Attendance Fee

Grand Jury

30.000000 HR $____________ $___________________

4005 Attendance Fee - AM

Grand Jury

234.000000 HR $____________ $___________________

15JA0519R00000040 Page 5 of 56

4006 Cancellation Fee

Grand Jury

6.000000 EA $____________ $___________________

4007 Regular Transcript

Deposition

3,336.000000 PA $____________ $___________________

4008 Additional Copies

Deposition

288.000000 PA $____________ $___________________

4009 Exhibit Copies

Deposition

528.000000 PA $____________ $___________________

4010 Videographer Attendance Fee

Deposition

24.000000 EA $____________ $___________________

4011 Attendance Fee - AM

Deposition

24.000000 HR $____________ $___________________

4012 Cancellation Fee

Deposition

6.000000 EA $____________ $___________________

4013 MISC Expenses- Travel, Parking, Etc., 1.000000 EA $____________ $___________________

5001 Regular Transcript

Grand Jury

Line Period of Performance: 05/01/2023 - 04/30/2024

1,140.000000 PA $____________ $___________________

5002 E-Transcript

Grand Jury

12.000000 EA $____________ $___________________

5003 Exhibit Copies

Grand Jury

654.000000 PA $____________ $___________________

5004 Videographer Attendance Fee

Grand Jury

30.000000 HR $____________ $___________________

5005 Attendance Fee - AM

Grand Jury

234.000000 HR $____________ $___________________

5006 Cancellation Fee

Grand Jury

6.000000 EA $____________ $___________________

5007 Regular Transcript

Deposition

3,336.000000 PA $____________ $___________________

5008 Additional Copies

Deposition

288.000000 PA $____________ $___________________

5009 Exhibit Copies

Deposition

528.000000 PA $____________ $___________________

5010 Videographer Attendance Fee

Deposition

24.000000 EA $____________ $___________________

5011 Attendance Fee - AM

Deposition

24.000000 HR $____________ $___________________

5012 Cancellation Fee

Deposition

6.000000 EA $____________ $___________________

5013 MISC Expenses- Travel, Parking, Etc., 1.000000 EA $____________ $___________________

Statement of Work

SECTION B

SUPPLIES/SERVICES AND PRICES

15JA0519R00000040 Page 6 of 56

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 Western District of Texas - El Paso.

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

(c) The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) Contract with firm fixed unit prices.

(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 (1)/Maximum of (4) 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 (25).

4. Under normal circumstances, Grand Jury at United States Courthouse, 525 Magoffin Ave., El Paso, Texas 79901, occurs every four times a month on Wednesday. Each session generally lasts about 3 - 6 hours.

5. There is no regular schedule for depositions. They are scheduled as needed and with approximately 1-2 depositions per month.

(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.

United States Courthouse 525 Magoffin Ave.

El Paso, Texas 79901

15JA0519R00000040 Page 7 of 56

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.

(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. AM and PM charges are separate.

Cancellation Fee. The Contractor may wish to charge a cancellation fee. The Government will notify the contractor by telephone or email 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.

15JA0519R00000040 Page 8 of 56

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-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.

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 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.

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

15JA0519R00000040 Page 9 of 56 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 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.

COR

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

15JA0519R00000040 Page 10 of 56

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.

• 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.

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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.

(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).

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• 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

(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: 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. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.

C.10 Notice to Proceed Within ten (10) calendar days after the contract award, the Government will furnish the Contractor with personnel security application forms. The Contractor shall complete and return to the COR all personnel security application forms within seven (7) calendar days after receipt. After a sufficient number of Contractor Personnel are cleared by the Government, a notice to proceed will be issued by the Contracting Officer or the Contracting Officer’s Representative specifying a performance start date.

DELIVERIES OR PERFORMANCE

F.1 Ordering Period:

Ordering period is 05/01/2019 through 04/30/2024 (60 MONTH ORDERING PERIOD). If FAR 52.217-8 is exercised, the order-ing period will be extended to the date that is established by the Contracting Officer when FAR 52.217-8 is exercised.

F.2 Place of Performance:

Grand Jury sessions will take place:

United States Courthouse 525 Magoffin Ave.

El Paso, Texas 79901

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The place of performance for depositions will be determined at the time work orders are issued; however, under normal circum-stances, will take place:

U.S. Attorney’s Office 2500 N. Highway 118, Ste A200 Alpine, Texas 79830

U.S. Attorney’s Office 400 W. Illinois Street, Ste 1200 Midland, Texas 79701

U.S. Attorney’s Office 410 S. Cedar, Room 255 U.S. Courthouse Pecos, Texas 79772

F.3 Performance Standards

Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in this Statement of Work will be conducted jointly by the COR and the Contracting Officer and shall form the basis of the Contractor's permanent performance record with regard to this contract.

CONTRACT ADMINISTRATION DATA

G.1 Justice Acquisition Regulation (JAR) 2852.201-70 Contracting Officer's Representative (COR) – (EOUSA modified, March 2014)

(a)TBD, is hereby designated to act as Contracting Officer's Representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the con-tract effort, fills in details or otherwise serves to accomplish the contractual Scope of Work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If as a result of technical discussions it is desirable to alter/change contrac-tual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

(End of Clause)

G.2 Administrative Contracting Officer

The Contracting Officer for this contract is:

Charmella Ware Executive Office for US Attorneys Acquisitions Staff 175 N Street NE, Suite 6.0000 Washington, DC 20002

(713) 567-9368

Written communications shall make reference to the contract number and shall be emailed to charmella.ware@usdoj.gov or mailed to the above address.

G.3 Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made in accordance with the Prompt Payment Act. Invoices shall be submitted for each work order by the 5th day of the following month. To constitute a proper invoice, the invoice must be submitted in accordance with FAR 52.212-4(g). In addition, the following information must appear on the invoice:

Date service was performed Location service was performed

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Attorney’s Name Grand Jury Number (for Grand Jury only) Name of witness Number of pages Cost per page Call Number

Invoices shall be submitted to the COR at the address shown in Section G.1.

All follow-up invoices shall be marked “Duplicate of Original.” Contractor questions regarding payment information or check identi-fication should be directed to DOJ Vendor Assistance Hotline on (202) 616-6260.

G.4 Accounting and Appropriation Data

Accounting and Appropriation Data is assigned with each task order

SECTION L

INSTRUCTIONS, CONDITIONS AND NOTICES TO OFFERORS

52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at these addresses: ht-tp://www.acquisition.gov/ .

(End of Provision) Provisions Incorporated by Reference 52.216-27 Single or Multiple Awards (Oct 1995) 52.237-1 Site Visit (Apr 1984) 2852.233-70 Protests Filed Directly with the Department of Justice (JAN 1998) Provisions Incorporated by Full Text 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2018)

(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small busi-ness size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufac-ture, is 500 employees.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show --

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicita-tion. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) “Remit to” address, if different than mailing address;

(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9)…