Amended 15JA0521Q00000031.pdf

Amended* Request for Quotation # 15JA0521Q00000031

*Changes made to Section 2.4(a)(i)(last bullet): Language changed from “Steno mask recording is not permitted” to “Steno masks are authorized if the session is recorded and the recordings are reviewed to ensure spoken words are accurate”.

This is a combined synopsis/solicitation for Grand Jury & Deposition Services (commercial items) prepared in accordance with the format in FAR subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

1. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular # 2021-05, effective date 3-10-2021.

2. The NAICS code is 561492 with a small business size standard of $16,500,000.

3. The Service code is R606.

4. The provision at FAR 52.212-1, Instructions to Offerors-Commercial, applies to this acquisition.

5. The provision at FAR 52.212-2, Evaluation-Commercial Items applies to this acquisition and the specific evaluation criteria are located in Section 8 - Evaluation Factors for Award

6. Offerors shall include a completed copy of the provision at FAR 52.212-3, Offeror Representations and

Certifications-Commercial Items, with their offer.

7. The clause at FAR 52.212-4, Contract Terms and Conditions-Commercial Items, applies to this acquisition.

8. The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive

Orders-Commercial Items, applies to this acquisition. FAR clauses cited in the clause are located in Section 11

– FAR Provisions & Clauses (Reference).

9. Any additional contract requirement(s) or terms and conditions determined by the contracting officer to be necessary for this acquisition are located within this document.

10. Offers are due on August 23, 2021 at 12:00 PM Eastern Time to the Contracting Officer via email at brandon.wish@usdoj.gov.

11. The anticipated award date is September 14 2021.

12. For information regarding this solicitation, contact:

Brandon Wish Contracting Officer Executive Office for United States Attorneys 1600 Hampton Street, Rm. 203 Columbia, SC 29208-3403 brandon.wish@usdoj.gov 803-354-5409

Section 1 - Supplies or Services and Prices/Costs

1.1 General

a) The contractor shall provide Grand Jury and Deposition Court Reporting Services for the United States

Attorney’s Office (USAO) for the Eastern District of Michigan; Bay City, MI

b) The period of performance for this contract will include a base year and four one-year options as follows:

Base Year: 9/15/2021 – 9/14/2022 Option Year I: 9/15/2022 – 9/14/2023 Option Year II: 9/15/2023 – 9/14/2024 Option Year III: 9/15/2024 – 9/14/2025 Option Year IV: 9/15/2025 – 9/14/2026

Contract may be extended an additional six months pursuant to FAR 52.217-8, Option to Extend Services. In the event the contract is extended pursuant to FAR clause 52.217-8, Option to Extend Services, the prices for the most recent period shall apply.

c) The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) contract. Contract type will be Time-and-Materials (T&M).

d) Multiple awards may result from this solicitation. In addition, an award may be made for grand jury services only, deposition services only or both. This decision is made at the unilateral discretion of the Government. Offerors must indicate their intention to be considered for Depositions, Grand Jury or both.

e) No Government Furnished Property shall be provided to the awardee.

f) The Department of Labor wage rates are applicable. See attached, applicable Wage Determination #2015-4837

Revision 13 last revised May 26 2021.

g) The Government requires the following for this effort:

i. Minimum of 1 / Maximum of 2 court reporters per location.

ii. Minimum of 1 / Maximum of 2 videographers per location.

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

1.2 Minimum Guarantee, Order Limits, & Ceiling

a) The USAO will order a minimum guaranteed amount of $1,000.00 during the life of this contract. The minimum amount is not re-established with each option year.

b) The minimum order limit is $100.00 and the maximum order limit is $50,000.00.

c) The contract ceiling is $150,000.00. The contractor exceeds this ceiling price at its own risk

1.3 Pricing

a) All unit prices are fixed and includes, but are not limited to, labor (including supervision), material, equipment, facilities, fringe benefits, overhead, G&A, and profit necessary to provide the Grand Jury and Deposition Court Reporting services required. Travel is priced separately and referenced in Section 2.

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

i. Historically, the average number of Grand Jury proceedings per year for the USAO has been 24.

ii. Historically, the average number of Depositions per year has been 1.

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

iv. Under normal circumstances, Grand Jury proceedings occur as follows:

a. Grand Jury at U.S. District Court 1000 Washington Ave. Bay City, MI 48708 occurs twice a month, on the 2nd and 4th Wednesdays of the month. Each session generally lasts about 5 hours.

b. There is no regular schedule for depositions; however, each session generally lasts about 2 to 3 hours.

c) When providing pricing in Attachment 2 - Pricing Schedule, of this solicitation do not include asterisks with exceptions or comments - only state the price for the Contract Line Item Number (CLIN) based on the description of work provided. Any additions to the pricing page other than the CLIN price in the space provided will not be considered. If a CLIN is no charge, state N/C (instead of stating zero) in Unit Price Column. NA’s are not acceptable. All CLINs with an estimated quantity must have a unit price or state N/C.

Section 2 - Description/Specifications/Statement of Work

2.1 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 1 in accordance 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 District Court 1000 Washington Ave Bay City, MI 48708

2.2 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 turnaround 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 Federal 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 the Pricing Schedule of this contract.

i. Regular: All regular transcripts will be completed and delivered on or before the 5th 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.

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

iii. 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 testimony of this requirement.

iv. 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.

v. 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.

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

vii. 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.

viii. Videographer Attendance Fee. The Contractor is entitled to a Videographer Attendance Fee as set forth in the Pricing Schedule of this contract. 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 media itself.

ix. Attendance Fee. The Contractor is entitled to an Attendance Fee as set forth in the Pricing Schedule 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. Attendance 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 attendance fee the reporter was available, whichever is higher.

x. 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.

xi. Other Requirements. As follows:

• A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript 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.

xii. Delivery. See Section "EOUSA AI-10-1E Federal Grand Jury Court Reporter Security Requirements

(December 2015)."

c) Grand Jury Travel and Per Diem Reimbursement Restrictions:

The Contractor(s), when Grand Jury and Deposition are located within a 50-mile radius of the USAO located in Bay City, MI, shall not be entitled to travel reimbursements. Travel required outside the 50-mile radius is allowable and shall be pre-approved in writing by the Contracting Officer’s Representative or Contracting Officer prior to traveling. Travel expenses shall be reimbursed in accordance with the Federal Travel Regulations (FTR). The FTR can be found at this address: www.gsa.gov.

d) 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 stenographic notes of this proceeding.

Date Court Reporter

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

2.3 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 communicated by the Contractor to the USAO prior to the session. In the event a deposition 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 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 reporter 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 the Pricing Schedule of this contract.

i. Regular: All regular transcripts will be completed and delivered on or before the 5th 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.

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

iii. 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 testimony of this requirement.

iv. 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.

v. 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.

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

vii. 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.

viii. Videographer Attendance Fee. The Contractor is entitled to a Videographer Attendance Fee as set forth in the Pricing Schedule of this contract. 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.

ix. Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in the Pricing

Schedule 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 scheduled 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 testimony 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 before assessing an attendance fee.

x. 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.

xi. Other Requirements. As follows:

• A transcript of all witness testimony shall be produced only when the USAO makes a specific request that a transcript 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.

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

c) Depositions Travel and Per Diem Reimbursement Restrictions:

The Contractor(s), when Grand Jury and Deposition are located within a 50-mile radius of the USAO located in Bay City, MI, shall not be entitled to travel reimbursements. Travel required outside the 50-mile radius is allowable and shall be pre-approved in writing by the Contracting Officer’s Representative or Contracting Officer prior to traveling. Travel expenses shall be reimbursed in accordance with the Federal Travel Regulations (FTR). The FTR can be found at this address: www.gsa.gov.

d) 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.

2.4 Recording Requisites

a) Recording hereunder shall be taken by reporters qualified in the operation of Steno-type equipment, Real Time recording, Computer 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 mandatory that tape recording devices shall have a separate monitor head which shall allow the reporter to monitor the recorded tape.

i. 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 media 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 media 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 masks are authorized if the session is recorded and the recordings are reviewed to ensure spoken words are accurate

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

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

iv. Video Recording. The USAO will determine video formatting, DVD, CD, VHS or other recordable media.

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 affecting 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 specifically 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 indicate 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 USAO its copy prior to the witness being presented their testimony. The USAO 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 directs. 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 Contractor 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 USAO to inform the Contractor through the Contracting 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 USAO shall provide a basis for the USAO's decision to obtain court reporting services from another source.

2.5 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 hearing in the same case.

c) Each copy of the transcript furnished to the USAO shall be bound with covers of good quality, white or colored

140 pound index 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 paper 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 appear 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 characters per line available. No word should wrap to the next line that would properly fit within the 60 count. Pages necessarily containing 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 additional 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 attorney 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.

2.6 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 actual cost of duplication.

2.7 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, attempted, 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, including 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.

2.8 Orders

a) The Contracting Officer will provide funding at the Task Order level on Optional Form 347, 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 the 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:

i. Date of Order

ii. Order Number

iii. Description of Service

iv. Place of Performance

v. Primary Point of Contact of the work order

A sample Court Reporting Ordering Form is attached.

c) In accordance with FAR 52.212-4 Alt I (i), the Contractor shall provide requisite notification in the event expenditures are expected to exceed 85% of current funding ceiling.

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

2.10 Notice to Proceed

Within ten (10) calendar days after the contract award, the USAO 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.

Section 3 - Packaging and Marking

All information and submittals, including receipts, forms, reports, and other materials provided to the CO or the COR shall be clearly marked with the contract number as follows:

EOUSA CONTRACT NUMBER: TBD

Section 4 - Inspection and Acceptance

Final inspection and acceptance of work performed, reports, and other deliverables shall be performed by the COR.

Section 5 - Deliveries or Performance

5.1 Period of Performance:

See Section 1

5.2 Place of Performance:

See Section 2

5.3 Performance Standards

Evaluation of the Contractor's overall performance in accordance with the performance standards set forth in this Statement of Work shall 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.

Section 6 - Contract Administration Data

6.1 Contracting Officer

The Contracting Officer for this contract is:

Brandon Wish Executive Office for US Attorneys 1600 Hampton St, Rm. 203 Columbia, SC 29208

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

6.2 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 monthly, at minimum, by the 1st day of the following month. Invoices may, and are preferred, to be sent once services have been rendered. 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

• 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 address shown in block 21 of the OF 347. All follow-up invoices shall be marked “Duplicate of Original.”

6.3 Accounting and Appropriation Data

Accounting and Appropriation Data is assigned with each task order

Section 7 - Instructions to Offerors

7.1 Questions

All questions concerning this solicitation shall be submitted in writing by email to Brandon Wish at brandon.wish@usdoj.gov no later than 12:00 PM Eastern Time on August 11, 2021. Questions submitted after this deadline may not be responded to.

7.2 Quotation Response Deadline

All quotes shall be submitted in writing by email to Brandon Wish at brandon.wish@usdoj.gov no later than 12:00 PM Eastern Time on August 23, 2021. Quotes received past the deadline stated shall be considered non-responsive and therefore, not considered for award.

7.3 Quote Submission Criteria

Quote(s) shall be submitted with a Cover Page to include the following information:

• Company Name and Address

• Phone Number

• Point of Contact Name and E-Mail Address

• DUNS Number

• TIN Number

• Small Business Qualification

• Contractor personnel location

• GSA Contract Number (if applicable)

In addition to the Cover Page, quotes(s) shall consist of three (3) separate volumes and contain the following information:

a) Volume I: Proposed Key Personnel

Offerors shall provide resumes of prospective key personnel. The proposed key personnel are one (1) to two

(2) Court Reporters and Videographers that will perform the tasks identified in this Statement of Work.

No more than two (2) resumes shall be submitted for each key personnel position. The resume(s) shall demonstrate the key personnel’s qualifications to provide the requested services and demonstrate experience in projects of similar size, scope, complexity and results. The resumes shall list the Key Personnel’s security clearance level, and training, if any. Each resume shall not exceed three (3) pages in length.

Provide up to three (3) professional references for each proposed key personnel that can provide past performance information related to the type of work described in the Statement of Work.

Key Personnel references must be clearly labeled “Key Personnel References” and be included in Volume I (Note: Key Personnel References are excluded from resume page limit). If the key personnel do not have references, the offeror must so state (explicitly) in Volume I.

b) Volume II: Past Performance

Offerors shall provide a summary of the contractor’s past performance demonstrating the contractor’s knowledge and ability to perform the duties and tasks reflected in the Statement of Work. This summary shall not exceed three (3) pages in length. Specifically address work history to determine whether the vendor has relevant work experience performing similar work to the SOW specific task requirements and staffing accessibility.

If the offeror’s experience is not federal experience, the offeror must clearly demonstrate how its non-federal experience relates to the needs in the Statement of Work. The offeror must demonstrate the knowledge and understanding of the Government’s needs. If the offeror exceeds the page limitation or otherwise does not clearly label this summary “Past Performance” under Volume II, it will be at the discretion of the contracting officer to select the intended pages for evaluation purposes.

Offerors shall provide up to three (3) past performance references for commensurate projects that were completed within the last three (3) years of the Solicitation Issue Date or are in progress with at least one year of performance completed as of the Solicitation Issue Date. If a Contractor will be using a subcontractor, up to three (3) references must be provided for the subcontractor as well. Each Past Performance Reference shall not exceed two (2) pages in length.

Past performance references may be from commercial or federal/state/local Government contracts; however, similar services performed for federal government customers generally will be considered more relevant than those done for commercial or state/local government customers. The Contracting Officer has the discretion to retrieve information via offeror supplied references, commercial sources and federal sources including, but not limited to: Contractor Performance Assessment Rating System and Systems for Award Management.

The following information is required, and shall be included for each past performance reference:

• Customer name and address

• Point of contact (name, telephone number) for contractual/administrative matters and technical performance

• Period of contract performance;

• Description of work performed.

If the prime contractor is submitting subcontractor(s) as part of the proposal/quote, include the subcontractor’s signed written consent to allow the Government to discuss subcontractor’s past performance with the prime contractor.

Past performance references must be clearly labeled “Past Performance References” and be included in Volume II. If the organization does not have references, the offeror must so state (explicitly) in Volume

II.

c) Volume III: Price

Offerors shall submit a complete price proposal as reflected in Attachment 2 - Pricing Schedule, to be evaluated. Do not include asterisks with exceptions or comments on these pages. Only state the unit price and total CLIN amount for each CLIN item. Any additions to the pricing page other than the CLIN price in the space provided will not be considered. Quotes providing partial pricing shall be considered non-responsive and subsequently, ineligible for award. If a CLIN is no charge, state N/C (instead of stating zero) in Unit Price Column. NA’s are not acceptable. All CLINs with an estimated quantity must have a unit price or state N/C.

The Government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable, and the pricing information shall be provided if requested. The Government will evaluate quotes for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

Section 8 - Evaluation Factors for Award

8.1 Evaluation Procedures

The Government plans to award a contract to the offeror whose quote represents the best value solution. The Contracting Officer may reasonably determine that the superior solution/approach merits a higher price, and therefore represents the best value to the Government. The Contracting Officer, using sound business judgment will base the selection decision on the integrated assessment of the Statement of Work and the Offeror’s capability as measured against the below evaluation factors.

Quotation shall be prepared in accordance with and comply with the instructions contained within this RFQ. The technical submission will be evaluated separately from the price submission. The quote shall be evaluated in accordance with the evaluation factors listed herein.

The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1 (Key Personnel) 2 (Past Performance) 3 (Price)

Technical and past performance, when combined, are significantly more important than price.

The Government reserves the right not to make an award as a result of this solicitation if, in the opinion of the Government, the submission would not provide satisfactory performance at a price that is considered fair and reasonable and/or economically feasible.

Section 9 – Local Provisions & Clauses

Electronic Signatures (May 2019)

(a) The Department of Justice is committed to doing business in the most efficient and effective way possible, and to facilitate paperless processes. In furtherance of this goal, the Contracting Officer may apply their digital signature to procurement documents in the Portable Document Format (PDF) through the use of their government issued Personal Identity Verification (PIV) Card with a valid public key certificate. A digital signature made with these certificates is evidence that a specific individual signed the electronic record and that it was not altered. The recipient of a signed document can rely on the digital signature as evidence for a third party that the signature was generated by the claimed signer.

(b) For procurement documents that require a signature from a representative of the Contractor, the Contractor may utilize manual or electronic signature. Should the Contractor utilize an electronic signature, by returning the document with an electronic symbol affixed to the appropriate signature block, the Contractor representative signing on behalf of the Contractor certifies that:

Electronic Form of Signature: The Contractor representative has knowingly adopted, applied or affixed an electronic symbol to the document;

(2) Intent to Sign: The Contractor representative has applied an electronic symbol with the intent to legally bind the Contractor;

(3) Association of Signature to Record: the Contractor representative’s signature is attached to the electronic record being signed;

(4) Identification and Authentication of Signer: The Contractor has a means to identify and authenticate a particular person as the signer; and

(5) Integrity of Signed Record: The Contractor can attest to the integrity of the signed record between the time of signature and the returned record to the government.

(c) This clause applies to this document and any subsequent documents (e.g., modifications, task/delivery orders) associated with this action.

(end of clause)

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 contract 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 contractual obligations or the Scope of Work, the Contracting Officer shall issue such changes.

EOUSA AI-10-1A - Notice of Contractor Personnel Security Clearance Requirements (May 2016)

Where performance under this contract/task or delivery order/call requires contractor personnel to have access to Department of Justice (DOJ) information, systems or facilities, contractor personnel will be subject to the background clearance requirements of Homeland Security Presidential Directive (HSPD)-12, OMB Guidance Memorandum M-05-24, FIPS Publication 201 and DOJ policy implementing HSPD-12 requirements.

Background clearance requirements are determined by the risk level of each position, type of access and length of access required. Further information on background security clearance requirements applicable to contractor personnel proposed for performance on this contract/order/call may be obtained from the Contracting Officer.

All contractor personnel must meet the DOJ Residency Requirements. He/She must have lived in the United States three of the last five years immediately prior to start of performance on this contract/order/call, and/or worked for the United States overseas in a federal or military capacity, and/or be a dependent of a federal or military employee serving overseas. Specific limited waiver request requirements - contractor personnel performing duties for a cumulative total of 14 days or less where there is a critical need for their specialized and unique skills (as solely determined by the Government) may be proposed for a waiver of the Residency Requirement by the contractor.

Contractor personnel who are non-US citizens proposed for such a waiver of the Residency Requirement must be from a country allied with the United States (Since the countries on the Allied Countries List are subject to change, the contractor may review the following website for current information:

http://www.opm.gov

For contracts/orders/calls where access to DOJ information systems is involved, non-US citizens are not permitted to have access to or assist in the development, operation, management or maintenance of any DOJ IT system, unless a waiver is granted by the head of the Component, with concurrence of the Department Security Officer (DSO) and DOJ Chief Information Officer (CIO).