Attachment 1 - Statement of Work.pdf

15JA0526Q00000133 Page 1 of 13

Section 1 - Supplies or Services and Prices/Costs

1.1 General

a) The Contractor shall provide Grand Jury Court Reporting and Deposition Court Reporting Services for the

United States Attorney’s Office (USAO), Eastern District of North Carolina.

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

Base Year: 11/30/2026 – 11/29/2027

Option Year I: 11/30/2027 – 11/29/2028

Option Year II: 11/30/2028 – 11/29/2029

Option Year III: 11/30/2029 – 11/29/2030

Option Year IV: 11/30/2030 – 11/29/2031

Additionally, the Contract may be extended up to 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 single-award IDIQ contracts may result from this solicitation. Offerors may provide a quote for the three locations or for only one location, if desired. Offerors shall explicitly state which of the three locations

(Raleigh, Greenville, or Wilmington) they intend to provide services for. Additionally, all line items for those locations the Offeror is proposing on shall be filled out in Attachment 2 – Pricing Schedule. The Government reserves the right to award one or more than one location to one Offeror if so determined to be in the

Government’s best interest; however, no more than one award will be made for each location.

e) The Department of Labor wage rates are applicable. The following wage determinations are applicable:

• Wage Determination 2015-4733 Revision 31 dated May 13, 2026

• Wage Determination 2015-4383 Revision 31 dated May 13, 2026

• Wage Determination 2015-4393 Revision 33 dated May 13, 2026

• Wage Determination 2015-4397 Revision 29 dated May 13, 2026

• Wage Determination 2015-4403 Revision 33 dated May 13, 2026

• Wage Determination 2015-4405 Revision 33 dated May 13, 2026

• Wage Determination 2015-4383 Revision 29 dated May 13, 2026

See Attachment 6 – Wage Determinations

NOTE: The Government has determined the applicable SCLS Wage Determination (WD) for this requirement as the identified places of performance. It is possible that all places of performance may not be known at time of

Solicitation. The possible place or area of performance known at time of Solicitation has already been noted by the Contracting Officer. Should the Contractor employ a business model where it utilizes SCLS-covered personnel located in an area outside the coverage of the designated WD, to perform any part of the work required under this SOW, the Contractor shall comply with the instructions set forth at FAR 22.1009-4 – All

Places of Performance Not Identified and notify the Contracting Office in writing of any such additional places of possible performance by SCLS-covered employees not later than the date of Solicitation closing. Failing to do so shall result in risk of non-compliance with FAR 22 and the SCLS Act at the Contractor’s sole risk.

f) The Government requires the following for this effort:

i. A minimum of two (2) Court Reporters per location.

https://www.acquisition.gov/far/part-22#FAR_22_1009_4__d1428e12 https://www.acquisition.gov/far/part-22#FAR_22_1009_4__d1428e12

15JA0526Q00000133 Page 2 of 13

g) Minimum Security Clearance Requirements for Contractor Personnel. All Contractor personnel who will have access to Grand Jury material must pass the basic security clearance requirements set forth in Contract Clause

EOUSA-AI-10-1E Federal Grand Jury Court Reporting Security Requirements prior to starting work on-site.

Security requirements and forms are described in Local Clause AI-10-1f, Security Requirements for Classified

Contract (May 2016). Additionally, the elevated following court-specific background investigation levels must also be obtained and maintained throughout performance by Contractor personnel:

a. Criminal Division requires all court reporters, and all transcriptionists (if other than the reporter personnel are used to transcribe recordings), to obtain Tier 4 High Risk Public Trust background clearance.

1.2 Minimum Guarantee, Order Limits, & Ceiling

a) The USAO will order a minimum guaranteed amount of $3,000.00 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 $100,000.00.

c) Each order ceiling is established in the individual task order and 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.

1.3 Pricing

a) All unit prices are fixed and fully burdened to include, but are not limited to, labor (including supervision), material, equipment, facilities, fringe benefits, overhead, G&A, and profit necessary to provide the Grand Jury

Court Reporting services required. Travel is priced separately and referenced in Section 2.

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

310 New Bern Avenue, Raleigh, NC:

i. Under normal circumstances, Grand Jury occurs twice a month and allotted three days on Tuesday thru

Thursday between 9:00 a.m. – 5:00 p.m. Each session generally lasts 8 hours. Setup/Breakdown time does not exceed 15 minutes before/after the grand jury and shall not be separately billable from the session’s other costs.

ii. Transcriptions shall be submitted via the Government secure platform USAfx unless otherwise directed to be submitted in an email pdf sent directly to a designated attorney and/or paralegal.

201 S. Evans Street, Greenville, NC:

iii. Under normal circumstances, Grand Jury occurs twice a month on the second Tuesday and fourth Tuesday of the month between 9:30 a.m. – 5:00 p.m. Each session generally lasts 8 hours. Setup/Breakdown time does not exceed 15 minutes before/after the grand jury and shall not be separately billable from the session’s other costs.

iv. Transcriptions shall be submitted via the Government secure platform USAfx unless otherwise directed to

2 Princess St. Wilmington, NC:

v. Under normal circumstances, Grand Jury occurs twice a month on the second Tuesday and fourth Tuesday of the month between 9:30 a.m. – 5:00 p.m. Each session generally lasts 8 hours. Setup/Breakdown time does not exceed 15 minutes before/after the grand jury and shall not be separately billable from the session’s other costs.

15JA0526Q00000133 Page 3 of 13

vi. Transcriptions shall be submitted via the Government secure platform USAfx unless otherwise directed to

c) For planning Deposition Services, the following general information is provided:

i. There is no regular schedule for Depositions; however, each session generally lasts about 8 hours.

ii. Transcriptions shall be submitted via the Government secure platform USAfx unless otherwise directed to

d) Section 2 – Commodity and Services Schedule of this solicitation shall not include asterisks with exceptions or comments. The Contractor shall only state the unit 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 “No Charge” (N/C) (instead of stating zero) in

Unit Price Column and include a narrative description as to why there is N/C (i.e., included in another CLIN).

“Not Applicable” (NAs) are not acceptable. All CLINs with an estimated quantity must have a unit price or state N/C.

Section 2 - Statement of Work

2.1 Overview

a) The Contractor shall provide all labor (including supervision), material, equipment, facilities, and whatever else may be needed to record and transcribe Grand Jury testimony, on an "as needed" basis for the USAO specified in Section 1 in accordance with the terms, conditions set forth herein.

b) The location(s) where Grand Jury proceedings take place are listed below:

1. 310 New Bern Avenue

Ste. 2100

Raleigh, NC 27601

2. 201 S. Evans Street

Greenville, NC 27835

3. 2 Princess St.

Wilmington, NC 28401

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 two (2) business day before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply within one (1) day confirming it 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. The Contractor shall include with its confirmation of the work order the name of the reporter who will be in attendance. Any change to the reporter assigned shall be communicated by the Contractor to the USAO not less than four (4) hours 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 for any reason, it shall notify the USAO authorized Point of Contact at least four (4) hours before the Grand

Jury session and include the name of the replacement reporter who will be assuming the next day’s session.

15JA0526Q00000133 Page 4 of 13

b) Original Transcripts. Unless otherwise stated, Grand Jury testimony shall be typed and delivered within the turnaround times as set forth below. All Grand Jury transcripts shall contain (at a minimum) a title page stating the case caption (case name and case number), 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. The colloquy will always be transcribed unless not requested by the USAO. 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. All

USAO-NCE transcripts ordered by

i. 10 Business Day Transcripts: All transcripts will be completed and delivered on or before the 10th business day after the date a witness testifies in the Grand Jury. A regular transcript shall be delivered to the USAO of each witness’s testimony, only when requested by the USAO. An original transcript shall be delivered to the USAO of each witness’s testimony before the 10th business day after the Contractor receives a request from USAO.

ii. 5 Business Day Transcript: 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. 3 Business Day Transcripts: Transcripts shall be completed and delivered on or before the 3rd business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings.

iv. Next Day Business Transcripts: 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. Transcripts returned for correction not considered received until corrections are made.

v. Same Day Business Transcripts: 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.

vi. Condensed Transcripts: All condensed transcripts shall include four original transcript pages in reduced format on a single 8 ½ x 11-inch page and shall be delivered in .pdf or. ptx format. 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.

vii. Key Word Indexing: The keyword index gives an alphabetical listing of each word within the transcript and provides a page and line reference. Key word indexing shall be provided for all transcripts unless not requested by the USAO.

viii. 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.

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 for each session day. In the event that there are time periods during the day during which no testimony is taken, and the reporter is required to

15JA0526Q00000133 Page 5 of 13 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: the cancellation fee or the number of hours attendance fee the reporter was required to be available, whichever is higher.

x. Cancellation Fee. The Government will notify the Contractor by telephone of any cancellations no later than 5:00PM ET the day before the scheduled proceedings. If the USAO does not notify the Contractor within the designated time, the cancellation fee applies.

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 shall not be sold to anyone other than the Government under any circumstances.

xii. Delivery. Grand Jury transcripts shall be delivered via USAfx via the Government secure platform USAfx unless otherwise directed to be submitted in an email pdf sent directly to a designated attorney and/or paralegal. For additional information see section "EOUSA AI-10-1E Federal Grand Jury Court Reporter

Security Requirements (December 2015)."

c) Grand Jury Travel and Per Diem Reimbursement Restrictions:

When services are required within a 50-mile radius of the locations listed in Section 2.1(b) the Contractor shall not be entitled to travel cost reimbursements. Travel required outside the 50-mile radius may be requested by the Government not later than 5:00PM ET five (5) business days prior to the proceedings, inclusive of location for the deposition and anticipated work hours needed. Any travel associated with these depositions occurring outside the 50 mile radius shall be pre-approved in writing by the Contracting Officer’s Representative or

Contracting Officer prior to traveling. Failure to obtain prior written authorization may result in rejection of invoice(s) for travel costs. Travel expenses, if prior approval was received, 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 an 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.

15JA0526Q00000133 Page 6 of 13

2.3 Depositions Overview

a) The Contractor shall provide all labor (including supervision), material, equipment, facilities, and whatever else may be needed to record and transcribe Deposition testimony, on an "as needed" basis for the USAO specified in Section 1 in accordance with the terms and conditions set forth herein.

b) The location(s) where Depositions primarily take place are listed below:

1. 150 Fayetteville St

Ste. 2100

Raleigh, NC 27601

2. 201 S. Evans Street

Greenville, NC 27835

3. 2 Princess St.

Wilmington, NC 28401

4. Old NC Hwy 75

Butner, NC 27509

Depositions may occur within the local commuting area of 50 miles.

2.4 Deposition Transcripts

a) Scheduling of Depositions: The USAO will notify the Contractor of the requirements for attendance at a deposition no later than two (2) business days before the scheduled session. Each request will set forth the date, place and time of the session. The Contractor shall reply within one (1) day confirming it 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. The Contractor shall include with its confirmation of the work order the name of the stenographer court reporter (or videographer, if applicable) who will be in attendance. Any change to the reporter assigned shall be communicated by the Contractor to the USAO not later than four (4) hours 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 personnel for each continued segment of that given deposition. Should the

Contractor not be able to provide the same personnel for any reason, it shall notify the USAO at least four (4) hours before the scheduled session and include the name of the replacement personnel who will be assuming the next day’s session.

b) Court Reporter and Videographer Services for Depositions at Federal Facilities: The USAO may require the Contractor to provide court reporters and/or videographers for depositions conducted at federal facilities, including but not limited to prisons. When scheduling services for a deposition at such a facility, the

Contractor is required to provide all necessary documentation and information to the facility no later than 10 business days prior to the scheduled deposition or an earlier date requested by the USAO. The Contractor shall ensure that all necessary coordination is made with the facility to facilitate access and service provision, including but not limited to security clearances, facility access instructions, and any other requirements specified by the facility. The Contractor shall adhere to all instructions and deadlines provided by the facility to ensure the timely and effective scheduling of deposition services.

c) Geographic Coverage and Scheduling: The Contractor shall have the capability to schedule and coordinate deposition services throughout the United States as required by the USAO. The USAO may request the

Contractor handle all aspects of scheduling, confirmation, service provision, and invoicing, regardless of the geographic location.

15JA0526Q00000133 Page 7 of 13

c) Original Transcripts. Unless otherwise stated, depositions shall be typed and delivered within the turnaround times as set forth below. The colloquy will always be transcribed unless not requested by the USAO.

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.

For physical delivery, original transcripts shall be in a sealed envelope with a transparent cover, allowing the cover page—containing the case caption, court number, name of the deponent, and date of deposition—to be clearly visible. The Contractor shall include the errata sheet within the same sealed envelope as the original transcript. If, for any reason, the errata sheet is separated from the original sealed transcript, it must be provided in its own sealed envelope and clearly labeled to identify the contents, including the deponent’s name, date of deposition, and case caption.

i. 10 Business Day Transcripts: Transcripts will be completed and delivered on or before the 10th business day after the Contractor receives a request from the USAO. Transcripts shall be delivered to the USAO of each witness’s testimony, only when requested by the USAO. An original transcript shall be delivered to the USAO of each witness’s testimony before the 10th business day after the Contractor receives a request from USAO.

ii. 5 Business Day Transcripts: 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. 3 Business Day Transcripts: Transcripts shall be completed and delivered on or before the 3rd business day after the Contractor receives a request from the USAO. This request will sometimes be made the same day as the proceedings.

iv. Next Business Day Transcripts: 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.

v. Same Business Day Transcript: 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.

vi. Condensed Transcripts: All condensed transcripts shall include four original transcript pages in reduced format on a single 8 ½ x 11-inch page and shall be delivered in .pdf or. ptx format. 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.

vii. Key Word Indexing: The keyword index gives an alphabetical listing of each word within the transcript and provides a page and line reference. Key word indexing shall be provided for all transcripts unless not requested by the USAO.

viii. 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.

ix. 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.

x. 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

15JA0526Q00000133 Page 8 of 13

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 for each session day. 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: the cancellation fee or the number of hours attendance fee the reporter was available, whichever is higher.

xi. Cancellation Fee. The Government will notify the Contractor by telephone of any cancellations not later than

5:00PM ET the day before the scheduled proceedings. If the Government does not notify the Contractor within the designated time, the cancellation fee applies.

xii. Delivery. Deposition transcripts shall be delivered via USAfx via the Government secure platform USAfx unless otherwise directed to be submitted in an email pdf sent directly to a designated attorney and/or paralegal.

d) Depositions Travel and Per Diem Reimbursement Restrictions:

When services are required within a 50-mile radius of the locations listed in Section 2.1(b) the Contractor shall not be entitled to travel cost reimbursements. Travel required outside the 50-mile radius may be requested by the

Government not later than 5:00PM ET five (5) business days prior to the proceedings, inclusive of location for the deposition and anticipated work hours needed. Any travel associated with these depositions occurring outside the

50-mile radius shall be pre-approved in writing by the Contracting Officer’s Representative or Contracting Officer prior to traveling. Failure to obtain prior written authorization may result in rejection of invoice(s) for travel costs.

Travel expenses, if prior approval was received, shall be reimbursed in accordance with the Federal Travel

Regulations (FTR). The FTR can be found at this address: www.gsa.gov.

e) Certification. Each reporter shall attach an official certification to the original transcript 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.

2.5 Remote Depositions

Remote depositions are occasionally required and will be coordinated by District personnel using DOJ’s video teleconference systems. If the USAO requests, the Contractor shall host the remote deposition using a FEDRAMP

Certified online platform reasonably accessible to the USAO and other parties. Examples of authorized FEDRAMP online platforms include Zoom, Microsoft Teams, Adobe Connect and/or Webex.

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.

15JA0526Q00000133 Page 9 of 13

When the Contractor hosts remote depositions:

i. Shall be capable of using USAfx or encrypted email (less than or equal to 25 megabytes) 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 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.

ii. 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.

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

iv. 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-the record discussions, and may add timestamps and/or transcript syncing to the final product.

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

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

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, the Contractor shall 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, the court reporter’s administration of the oath to the witness must include alternate language. 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.

2.6 Recording Requisites

a) All court recording taken by the Contractor 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. 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.

15JA0526Q00000133 Page 10 of 13

ii. 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.

iii. 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.

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

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

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

The Contractor personnel assigned to the proceeding shall report 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.

b) 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.

c) Right to Remove Contractor Personnel - It shall be an absolute right of the USAO to inform the Contractor through the Contracting Officer of the unacceptability of specific court reporter(s) and/or videographers (if applicable) for Grand Jury work at any time during performance under this Contract.

2.7 Transcript Format

a) A separate transcript shall be provided for each session. The title page shall show the name of the parties, 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, 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.

15JA0526Q00000133 Page 11 of 13

c) All transcripts shall be 8 ½ inches x 11 inches in size, with a ruled margin of 1 ¾ 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’s 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 justified 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 counts. 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 questions and answers (Q&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 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.

d) Exhibits admitted in evidence, identified in a Grand Jury proceeding, when requested by the Government shall be stamped, marked, and 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 grand jury 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.

2.8 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 all applicable security requirements stipulated herein as well as in the FRCP, U.S. Code and other applicable regulations of the court and State in which the session occurred. Transcripts shall 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.

c) The transcript rates are applicable only to the USAO-NCE. Any other entity shall be subject to the market rates established by the applicable contract vendor.

2.9 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.

• 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).

15JA0526Q00000133 Page 12 of 13

• 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. At the conclusion of the Contract these records shall be turned over in their entirety to the Government or destroyed as directed by the USAO.

2.10 Orders

a) The Contracting Officer will provide funding at the Task Order level on Optional Form 1449, which will state the ceiling amount of funding available for each ordering period (see Section 2.8(d) below). Services to be furnished will subsequently be ordered by the issuance of work orders (see Attachment 1) signed by the

Contracting Officer’s Representative (COR) or Authorized Individual(s) of the USAO (see Attachment 1).

b) All work orders issued hereunder are subject to the terms and conditions of this contract which shall take precedence in the event of conflict with any work order.

c) All work orders placed under this contract will typically 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 located in Attachment 2.

d) 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. Performance undertaken by the Contractor which exceeds the funded contract ceiling amount is done at the sole risk of the Contractor.

2.11 Key Personnel

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

Court Reporter:

Name: TBD Title: Court Reporter

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. Substitution personal must demonstrate equal to or better than the qualifications of the personnel proposed at time of contract award. No replacement of personnel shall be made by the Contractor without the written consent of the Contracting Officer.

2.12 Contract Administration Data

The Contracting Officer for this contract is:

Perla McKay

15JA0526Q00000133 Page 13 of 13

Executive Office for US Attorneys

Contracting Officer

Desk: 202-252-5417

Perla.McKay@usdoj.gov

The Contracting Officer’s Representative (COR):

Thomas Steinmiller

USAO - NCE

Contract Specialist

Desk: 919-856-4914

Thomas.Steinmiller@usdoj.gov

Written communications shall make reference to the contract number and shall be emailed to Perla.McKay@usdoj.gov and Thomas.Steinmiller@usdoj.gov.

2.13 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 by the 1st day of the following month. Invoices shall only be submitted after services have been rendered and accepted. 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)

• LIT Sheet Number

• Name of witness

• Number of pages, as applicable

• Applicable CLIN(s), unit price(s), quantity(ies)

• Contract/Task Order Number

Invoices shall be submitted to electronically to the invoicing mailbox to Financial Division at USANCE-

Invoices@usdoj.gov. All follow-up invoices shall be marked “Duplicate of Original.”

Accounting and Appropriation Data

Accounting and Appropriation Data is assigned with each task order

2.14 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.

mailto:Perla.McKay@usdoj.gov mailto:Thomas.Steinmiller@usdoj.gov mailto:Perla.McKay@usdoj.gov mailto:Thomas.Steinmiller@usdoj.gov mailto:USANCE-Invoices@usdoj.gov mailto:USANCE-Invoices@usdoj.gov