15JA0522Q00000053.pdf

15JA0522Q00000053 Page 1 of 39

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

5. SOLICITATION NUMBER

15JA0522Q00000053

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

04/28/2022

7. FOR SOLICITATION

INFORMATION CALL:

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

TIME

05/18/2022 14:00 ET

CODE 15JA05

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530-0021

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: $16.5M

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

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15JA87CODE15. DELIVER TO

U.S. Attorneys Office Northern District of West Virginia 11125 Chapline St.

Suite 3000 Wheeling, WV 26003

CODE 15JA0516. ADMINISTERED BY

Executive Office for United States Attorney 175 N Street NE 6th Floor Washington, DC 20530-0021

Mateaus.Flournoy@usdoj.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15JA87CODE18a. PAYMENT WILL BE MADE BY

U.S. Attorneys Office Northern District of West Virginia 11125 Chapline St.

Suite 3000 Wheeling, WV 26003

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 U.S. Attorney's Office, Northern District of West Virginia

Locations: Clarksburg, Elkins, Martinsburg, and Wheeling

Period of Performance: 6/1/2022 - 5/31/2027

Contract Type: Time-and-Materials

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 X ARE ARE NOT ATTACHED

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

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)

Mateaus S. Flournoy

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15JA0522Q00000053 Page 2 of 39

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

15JA0522Q00000053 Page 3 of 39

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule

Description of Services Statement of Work (SOW)

3 Contract Clauses EOUSA Contract Requirements EOUSA AI-10-1E Federal Grand Jury Court Reporter Security Requirements (December 2015) DOJ-02 Contractor Privacy Requirements (JAN 2022) DOJ-03 PIB 2021-01 (OBD) Personnel Security Requirements for Contractor Employees (Aug 2021) EOUSA AI-10-1D Continuing Contract Performance During a Pandemic Influenza or other National Emergency (October 2007) Electronic Signature (May 2019) 2852.233-70 Protests Filed Directly with the Department of Justice (Jan 1998) 2852.201-70 Contracting Officer's Representative (COR) – (EOUSA modified, March 2014) DOJ-01 Whistleblower Information Distribution (Oct 2021) 52.224-2 Privacy Act (Apr 1984) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights (Jun 2020) 52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019) 52.212-4 Alt I Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) - Alternate I (Nov 2021) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Jan 2022) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) 52.232-18 Availability of Funds (Apr 1984) 52.244-2 Subcontracts (Jun 2020) 52.216-18 Ordering (Aug 2020) 52.216-19 Order Limitations (Oct 1995) 52.216-22 Indefinite Quantity (Oct 1995) 52.216-27 Single or Multiple Awards (Oct 1995) 52.217-8 Option to Extend Services (Nov 1999) 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-13 System for Award Management Maintenance (Oct 2018) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Nov 2021) 52.253-1 Computer Generated Forms (Jan 1991) 52.224-1 Privacy Act Notification (Apr 1984)

4 List of Attachments 5 Solicitation Provisions

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Nov 2021) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Nov 2021) Evaluation Factors 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.217-5 Evaluation of Options (July 1990)

15JA0522Q00000053 Page 4 of 39

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Labor

PSC: R606

Line Period of Performance: 06/01/2022 - 05/31/2023

Base Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 Materials

PSC: R606

Line Period of Performance: 06/01/2022 - 05/31/2023

Base Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0003 Travel reimbursement (on case-by-case basis) In accordance with Federal Travel Regulations (FTR).

Do not quote.

PSC: R606

Line Period of Performance: 06/01/2022 - 05/31/2023

Base Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1001 Labor

PSC: R606

Line Period of Performance: 06/01/2023 - 05/31/2024

Option Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1002 Materials

PSC: R606

Line Period of Performance: 06/01/2023 - 05/31/2024

Option Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1003 Travel reimbursement (on case-by-case basis) In accordance with Federal Travel Regulations (FTR).

Do not quote.

PSC: R606

Line Period of Performance: 06/01/2023 - 05/31/2024

Option Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2001 Labor

PSC: R606

0 HR $________ $_________________

15JA0522Q00000053 Page 5 of 39

Line Period of Performance: 06/01/2024 - 05/31/2025

Option Period

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2002 Materials

PSC: R606

Line Period of Performance: 06/01/2024 - 05/31/2025

Option Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

2003 Travel reimbursement (on case-by-case basis) In accordance with Federal Travel Regulations (FTR).

Do not quote.

PSC: R606

Line Period of Performance: 06/01/2024 - 05/31/2025

Option Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3001 Labor

PSC: R606

Line Period of Performance: 06/01/2025 - 05/31/2026

Option Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3002 Materials

PSC: R606

Line Period of Performance: 06/01/2025 - 05/31/2026

Option Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

3003 Travel reimbursement (on case-by-case basis) In accordance with Federal Travel Regulations (FTR).

Do not quote.

PSC: R606

Line Period of Performance: 06/01/2025 - 05/31/2026

Option Period

0 EA $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4001 Labor

PSC: R606

Line Period of Performance: 06/01/2026 - 05/31/2027

Option Period

0 HR $________ $_________________

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4002 Materials

PSC: R606

Line Period of Performance: 06/01/2026 - 05/31/2027

Option Period

0 EA $________ $_________________

15JA0522Q00000053 Page 6 of 39

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

4003 Travel reimbursement (on case-by-case basis) In accordance with Federal Travel Regulations (FTR).

Do not quote.

PSC: R606

Line Period of Performance: 06/01/2026 - 05/31/2027

Option Period

0 EA $________ $_________________

Description of Services

The Contractor shall provide Grand Jury and Deposition Court Reporting Services for the United States Attorney’s Office (USAO) for the Northern District of West Virginia. The Government anticipates making at least one (1), but not more than three (3) Multiple awards as a result of this Solicitation. An award can be made for grand jury services only, deposition services only, or for both grand jury services and deposition services.

There will not be any Government Furnished Property for this contract.

The Contractor shall provide the labor, supervision, and transportation necessary to provide the court reporting services as described herein. Work under this contract is expected to commence on June 1, 2022.

The Government requires the following for this effort:

1.1. Minimum number of required court reporters per location: one (1) / Maximum of two (2) the District will clear through security.

2. Minimum number of required videographers: one (1) / Maximum of two (2) the District will clear through security.

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

* Under normal circumstances, the grand jury panels in Wheeling occurs once a month, on the first Tuesday of February, April, June, August, October, and December. Each session generally lasts about 8 hours.

* Under normal circumstances, the grand jury panels in Clarksburg occurs once a month, on the first Tuesday of January, March, May, July, September, and November. Each session generally lasts about 8 hours.

* Under normal circumstances, the grand jury panels in Martinsburg occurs once a month, on the third Tuesday of January, March, May July, September and November. Each session generally lasts about 8 hours.

* Under normal circumstances, the grand jury panels in Elkins occurs once a month, on the third Wednesday of February, April, June, August, October, and December. Each session generally lasts about 8 hours.

* Historically, the average number of grand jury proceedings per year for the USAO-WVN has been 24.

* There is no regular schedule for depositions; nonetheless, each session generally lasts about 4 hours. The average number of depositions per year has been 30.

* Historically, the average number of simultaneous proceedings in any one-day for the USAO has been one (1).

Under normal circumstances, travel reimbursement will not be paid. The Offerors will be expected to incorporate their anticipated cost of travel into their price quote. Travel shall be paid if normal site location has to be moved to alternate locations outside of a 50-mile radius of original location. The Contractor shall follow all Federal Travel Regulations (FTR). Please also refer to "Grand Jury Travel & Per Diem Reimbursements Restrictions" and "Deposition Travel & Per Diem Reimbursement Restrictions" sections.

The Offeror is reminded that there are documents that are required to be prepared and submitted as part of the performance of this contract (please refer to RFQ Checklist - Attachment 4).

15JA0522Q00000053 Page 7 of 39

Contract Type The Contract will be an indefinite delivery, indefinite quantity (IDIQ). Orders placed under the IDIQ will be Time-and-Materials (T&M). The Contract shall consist of one (1) one-year Base Period with four (4) one-year Option Periods, for a total contract term not-to-exceed five (5) years, unless otherwise extended under the authorities at FAR Clause 52.217-8 Option to Extend Services, FAR Clause 52.217-9 Option to Extend the Term of the Contract, or as otherwise permitted in this Contract.

Base Year 6/1/2022 – 5/31/2023 Option Year 1 6/1/2023 – 5/31/2024 Option Year 2 6/1/2024 – 5/31/2025 Option Year 3 6/1/2025 – 5/31/2026 Option Year 4 6/1/2026 – 5/31/2027

The Government contemplates awarding multiple contracts that will cover the location listed in the "Scope" section.

Pricing 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, G&A, and profit) necessary to provide the grand jury and deposition court reporting services required in the Solicitation.

The Service Contract Labor Standards Act and associated Wage Determination (WD) is applicable to this Contract and all resultant task orders:

* WD #:2015-4297, Revision Number 19, Published Date 3/15/2022

* WD #:2015-4353, Revision Number 18, Published Date 3/15/2022

* WD #:2015-5363, Revision Number 19, Published Date 3/15/2022

When providing pricing for this Solicitation, do not include asterisks with exceptions or comments - only state the price for the service based on the description in the Statement of Work and the Price List (Attachment 1). Pursuant to 52.212-1(e), additions to the Price List (Attachment 1) will be considered. If a CLIN is no charge, state N/C (instead of stating zero) in the Price Column. NA’s are not acceptable. Offerors MUST quote for all four of the renewal options, in addition to the initial period, in order to be considered for award.

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

Statement of Work (SOW)

1. Scope

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 the Statement of Work set forth herein.

The locations where grand jury sessions are required are listed below:

* U.S. Federal Courthouse, 1125 Chapline Street, Wheeling, WV 26003

* U.S. Federal Building, 320 West Pike Street, Clarksburg, WV 26302

* The Jennings Randolph Federal Center, 300 Third Street, Elkins WV 26241

* W. Craig Broadwater Federal Building and U.S. Courthouse, 217 W. King Street, Martinsburg WV 25401

Depositions are held anywhere within the Northern District of West Virginia, but historically they have occurred at the locations listed above. There is no regular schedule for depositions.

15JA0522Q00000053 Page 8 of 39

2. Grand Jury Services

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.

Original Transcripts. Unless otherwise stated, Grand Jury testimony shall be typed in an original and delivered within the turnaround times as set forth in the Price List - Attachment 1. 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.

Billing rates for turnaround times will be included on the Price List at the time of award. All Offerors shall complete Attachment 1 and include it with their quote submission.

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 in Attachment 1.

Attendance Fee. The Contractor is entitled to an Attendance Fee as set forth in the Price List. 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.

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

Other Requirements:

* 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.

Delivery. See Section "EOUSA AI-10-1E Federal Grand Jury Court Reporter Security Requirements (December 2015)." The Assistant U.S. Attorneys (AUSAs) will request that some deliverables be sent electronically through the DOJ platforms USAFx.

USAFx is the Department of Justice's file exchange system provided for internal and external users.

Grand Jury Travel and Per Diem Reimbursement Restrictions: The Contractor, when grand jury sessions are located within a 50-mile radius of the locations identified in the Scope of Work, 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 (COR) or the Contracting Officer (CO) prior to traveling. Travel expenses shall be reimbursed IAW the Federal Travel Regulations (FTR). The FTR can be found at this address: www.gsa.gov.

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

15JA0522Q00000053 Page 9 of 39

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.

3. Deposition Services

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.

Original Transcripts. Unless otherwise stated, depositions shall be typed in an original and delivered within the turnaround times as set forth in Attachment 1 when ordered by the USAO.

Billing rates for turnaround times will be included on the Price List at the time of award. All Offerors shall complete Attachment 1 and include it with their quote submission.

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 Attachment 1. 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 recording itself.

Attendance Fee. The Contractor is entitled to an Attendance Fee in the amount set forth in the Price List 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.

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.

* 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.

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

15JA0522Q00000053 Page 10 of 39

Deposition Travel and Per Diem Reimbursement Restrictions: The Contractor, when depositions are located within a 50-mile radius of the locations identified in the Scope of Work, shall not be entitiled to travel reimbursements. Travel required outside the 50-mile radius is allowable and shall be pre-approved in writing by the COR or the CO prior to traveling. Travel expenses shall be reimbursed IAW FTR. The FTR can be found at this address: www.gsa.gov.

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.

Remote Depositions. An ever-increasing number of depositions are conducted remotely. The Northern District of West Virginia reserves the right to require performance of remote depositions under the included itemized lines in the Schedule when these services are required. The Contractor shall be ready and equipped to fully support all facets of remote depositions the same as if the depositions was to occur in person.

Stipulations for remote depositions. [Fed. R. Civ. P.] Rule 30(b)(4) allows parties to stipulate that a deposition be taken by “telephone or other remote means.” If everyone is not in the same room, put an appropriate stipulation on the record at the beginning of the deposition, indicating that the deposition is being taken remotely and indicating where each participant is located. The deposition is considered to be taking place where the deponent is located, and if the deponent is not in the same room as the court reporter, there is an issue about the court reporter’s administration of the oath to the witness. A sample stipulation may include the following language:

* We understand that notary laws may not permit the court reporter to administer an oath to the witness if they are not in the same location. [As such, counsel agree that the reporter will not administer the oath. Instead] or [In addition to the oath given by the court reporter], the witness will verbally acknowledge the following: “Do you solemnly swear or affirm under penalties of perjury that the testimony you will give in this matter will be the truth, the whole truth, and nothing but the truth?” The parties agree that nothing about this process will impair in any way the use of this deposition as otherwise permitted by the Federal Rules of Civil Procedure. Prior to administering of the oath, the court reporter is required to positively verify the identity of the witness. The witness should be required to have positive identification (s)he can produce or have opposing counsel verify and stipulate to the identity of the witness.

Remote depositions can be conducted in two ways:

1. Coordinated with other U.S. Attorney’s offices where the person is being deposed, using DOJ’s VTC systems, or

2. Platform(s) offered by the Contractor (if approved by the Government).

* Remote depositions use a variety of tools, including but not limited to video conference calls, audio conferences, and software-based communication tools. Different court reporting agencies provide different options for remote depositions.

Nothing in this solicitation endorses one remote deposition method, product, or tool over another. EOUSA and the USAO will check with the Systems Manager and/or Office of the Chief Information Officer to ensure that the court reporting firm's remote deposition software will not be blocked bu the USAO security firewall. Furthermore, the USAO-HI cannot download a court reporting firm's remote deposition application or software, but instead must particiapte via a web-based link.

* Please go to the Evaluation Factors section, Factor 1: Technical, C. Remote Depositions, to see the minimum requirements that Offerors must address in regards to their remote deposition platform.

When the Contractor hosts the remote depositions—

1. Shall provide a secure upload site to receive exhibits before the deposition and load them to the presentation application before the deposition. The process for exhibit numbering, delivering, and presenting exhibits to the witness and counsel should be discussed

15JA0522Q00000053 Page 11 of 39 with the court reporter well in advance of the deposition, and it may depend upon the application(s)/tool(s) used for remote deposition.

The court reporter should also take custody of the introduced exhibits for the final transcript.

2. Shall conduct a test session with all the parties a few days before the deposition. This helps ensure that all parties have the appropriate bandwidth, cameras, microphones and lighting, as well as the opportunity to ask technical questions before the deposition.

3. The court reporter should be the meeting host and send links to all parties. The court reporter will also swear in the witness and control the proceeding.

4. Separate from the role of the court reporter, a videographer is required to manage the live video streaming and record the video.

The videographer can also ensure that the deponent remains in full screen during the deposition, pause the recording for off-therecord discussions, and may add timestamps and/or transcript syncing to the final product.

5. Provide technical support to assist with issues during the deposition.

6. Upon request, provide synchronized video with the transcript.

Remote Notarization. Each state’s notarization laws are different and may only apply to specific proceedings. The Contractor must check with the State Notary, Secretary of State, or other regulatory agency for the state’s specific remote notarization or oath administration laws. Court Reporters shall have State or National Certification as required to swear in witnesses for sworn testimony.

4. Recording Requisites

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.

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 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 preamplification.

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.

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.

Video Recording. The USAO will determine video formatting (DVD or other recordable media).

15JA0522Q00000053 Page 12 of 39

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.

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.

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.

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.

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.

5. Transcript Format

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.

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.

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.

6. Reports

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

1. 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.

2. Loss, Compromise or Suspected Compromise - a report on any loss, compromise or suspected compromise of transcripts, notes or other related material.

15JA0522Q00000053 Page 13 of 39

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

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

5. 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.

7. Orders

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 Contracting Officer’s Representative or Authorized Individuals of the USAO. 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.

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

IAW 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.

8. Key Personnel

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

The personnel specified above 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.

9. 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.

10. Government Personnel

Contracting Officer Maddy Flournoy Executive Office for U.S. Attorneys Acquisitions Staff

(803) 354-5402 mateaus.flournoy@usdoj.gov

15JA0522Q00000053 Page 14 of 39

Contracting Officer's Representative (COR) Chad Lough United States Attorney's Office, Northern District of West Virginia 1125 Chapline Street, Suite 3000 Wheeling, WV 26003

(304) 234-7712 Chad.Lough@usdoj.gov

The COR is appointed to act as an authorized representative in the monitoring and administration of this task order. This individual is designated in writing as a COR, with a copy given to the Contractor. An individual designated as a COR is authorized to perform the following functions in accordance with the COR appointment letter:

* Responsible, as applicable, for: receiving all deliverables, inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of the contract; providing direction to the contractor which clarifies the contract effort; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

11. Payment/Invoice Requirements

Payment for actual work and services rendered under this contract will be made in accordance with the Prompt Payment Act. Invoices can be submitted immediately to the Governemnt after having received the transcript/deliverable. To constitute a proper invoice, the invoice must be submitted in accordance with FAR 52.212-4 Alt. I (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 with the transcript/deliverable to Stacey Walters.

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

Accounting and Appropriation Data is assigned with each task order.

15JA0522Q00000053 Page 15 of 39

Section 3 - Contract Clauses

A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services (Nov 2021) - Alternate I (Nov 2021)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Reference

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses 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. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

Clause Title Fill-ins (if applicable)

52.224-2 Privacy Act (Apr 1984)

52.203-17 Contractor Employee Whistleblower Rights and Requirement To

Inform Employees of Whistleblower Rights (Jun 2020)

52.216-32 Task-Order and Delivery-Order Ombudsman (Sep 2019) (a)name: "Tara M. Jamison"

(a)address: "Director, Office of

Acquisition Management, JMD"

(a)telephone: "(202) 616 - 3754"

(a)email: "tara.jamison@usdoj.gov"

52.212-4 Alt I Contract Terms and Conditions-Commercial Products and Commercial

Services (Nov 2021) - Alternate I (Nov 2021)

52.212-5 Contract Terms and Conditions Required to Implement Statutes or

Executive Orders-Commercial Products and Commercial Services

(Jan 2022)

52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) Period of Time: "30 days"

(a) Days: "30 "

(c): "66 months"

52.232-18 Availability of Funds (Apr 1984)

52.244-2 Subcontracts (Jun 2020)

15JA0522Q00000053 Page 16 of 39

Clause Title Fill-ins (if applicable)

52.216-18 Ordering (Aug 2020) (a)From Date: "06/01/2022"

(a)To Date: "12/01/2027"

52.216-19 Order Limitations (Oct 1995) (a): "$1.00"

(b)(1): "$10,000.00"

(b)(2): "$10,000.00"

(b)(3): "five (5)"

(d): "30"

52.216-22 Indefinite Quantity (Oct 1995) (d): "12/01/2027"

52.216-27 Single or Multiple Awards (Oct 1995)

52.217-8 Option to Extend Services (Nov 1999) Period of Time: "30 days"

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content

Paper (May 2011)

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov

2021)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec

2014)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-13 System for Award Management Maintenance (Oct 2018)

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

(Nov 2021)

52.253-1 Computer Generated Forms (Jan 1991)

52.224-1 Privacy Act Notification (Apr 1984)

EOUSA Contract Requirements

1. Minimum Dollar Guarantee and Maximum Contract Ceiling Pursuant to FAR 16.504(a), Indefinite-quantity contracts, the minimum order for the contract is stated as a dollar value and represents the total guaranteed minimum.

* The total minimum dollar guarantee is $3,000 and shall only apply to the initial Base Period. The minimum dollar guarantee will be distributed equally amongst all awardees.

2. Maximum Contract Ceiling.

Pursuant to FAR 16.504(a), Indefinite-quantity contracts, the maximum order for the Contract(s) may be stated as either dollar values or number of units. The number of units (daily transcripts, etc.) for each item identified on the associated Price List are provided as estimated quantities only and shall not be relied upon for purposes of establishing maximum Contract ceiling limitations.

15JA0522Q00000053 Page 17 of 39

* The maximum contract ceiling for the life of the Contract (include Base and any exercised Option Periods, as stated in estimated maximum dollar value, is $420,000. The estimated maximum contract ceiling is distributed amongst all awardees.

3. Procedures for Issuing Orders.

Pursuant to FAR 16.504(a), the issuance of orders at time of placement will be rotated among awardees on a monthly basis to provide awardees a fair opportunity.

4. Compliance with Standards and Security

* The Contractor’s personnel and any subcontractor personnel performing work under this contract shall comply with all applicable standards and security requirements at all times. Please refer to EOUSA Local Clauses for Federal Grand Jury, Whistleblower Information Distribution, Contractor Privacy Requirements and Personnel Security Clearance.

* Only personnel handling grand jury material need to be cleared.

* The Contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

EOUSA AI-10-1E Federal Grand Jury Court Reporter Security Requirements (December 2015)

Federal Grand Jury Court Reporter Security Requirements (December 2015)

1. Grand Jury (GJ) Security.

The work to be performed under this contract will involve access to sensitive information subject to the rules of 6(e) of the Federal Rules of Criminal Procedures.