Transcription_RFP.pdf

OMB CLEARANCE NO. 1103-0018 (exp. 2/29/2004)

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER '

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 86

1. CONTRACT NUMBER 2. SOLICITATION NUMBER 3. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

15JPSS18R00000001 SEALED BID (IFB) 12/18/2017

X NEGOTIATED (RFP)

CODE 8. ADDRESS OFFER TO (If other than Item 7)7. ISSUED BY

U. S. Department of Justice JMD, Procurement Services Staff 145 N Street, NE, Suite 8E-117 Washington, DC 20530

Note: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if hand carried, in the depository location in until 10:00 a.m. local time 01/17/2018 (Hour) (Date)

CAUTION – LATE Submissions, Modifications, and Withdrawals: See Section L Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION *

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS) C. E-MAIL ADDRESS

AREA CODE NUMBER EXT.

Christina Murray 202 307-1967 n/a christina.murray@usdoj.gov

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I – THE SCHEDULE PART II – CONTRACT CLAUSES

X A SOLICITATION/CONTRACT FORM X I CONTRACT CLAUSES 52-55

X B SUPPLIES OR SERVICES AND PRICES/COSTS 1-3 PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/SPECS./WORK STATEMENT 4-15 X J LIST OF ATTACHMENTS 56

X D PACKAGING AND MARKING 16 PART IV – REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 17 X K REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

57-70

X F DELIVERIES OR PERFORMANCE 18-23

X G CONTRACT ADMINISTRATION DATA 24-27 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 71-81

X H SPECIAL CONTRACT REQUIREMENTS 28-51 X M EVALUATION FACTORS FOR AWARD 82-86

OFFER (Must be fully completed by offeror)

NOTE: Item 12 does not apply if the solicitation includes the provision at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within 180 Calendar days (60 days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT 10 CALENDAR DAYS 20 CALENDAR DAYS 30 CALENDAR DAYS CALENDAR DAYS

(See Section I, Clause No. 52.232-8) % % % %

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the

SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME AND

ADDRESS OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER

15B. TELEPHONE NUMBER 15C. CHECK IF REMITTANCE ADDRESS 17. SIGNATURE 18. OFFER DATE

AREA CODE NUMBER EXT. IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 23. SUBMIT INVOICES TO ADDRESS SHOWN IN '

(4 copies unless otherwise specified)

ITEM

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

(Signature of Contracting Officer)

IMPORTANT – Award will be made on this form, or a Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)

Previous edition is unusable Prescribed by GSA – FAR (48 CFR) 53.214(c)

15JPSS

mailto:r.frate@usdoj.gov

RFP No. 15JPSS18R00000001 Transcription Services

SECTION B - SUPPLIES/SERVICES/PRICES

B.1 General

(a) The Contractor shall provide all resources necessary to furnish transcription services to the

Department of Justice’s (DOJ) Executive Office for Immigration Review (EOIR) on an indefinite delivery, indefinite quantity task order basis as defined in this contract.

(b) The contract will include a six-month base period, four (4) 1-year option periods, and one (1) six-month option period as described below:

Contract Term

Base Period 04/01/18 Thru 09/30/18

Option Period I 10/01/18 Thru 09/30/19

Option Period II 10/01/19 Thru 09/30/20

Option Period III 10/01/20 Thru 09/30/21

Option Period IV 10/01/21 Thru 09/30/22

Option Period V 10/01/22 Thru 03/31/23

(c) The performance of all work under this contract shall be initiated by the issuance of task orders by the Contracting Officer as discussed in Section H.2.

B.2 Pricing Tables

(a) All contract unit prices shall be as specified in the pricing table contained in Attachment (1).

The basic Contract Line Item Number (CLIN) structure includes a one-digit prefix and a four-digit number. The one-digit prefix of each CLIN represents the contract period, i.e., for the Base Period, the first digit for all CLINs is “0”, for Option Period 1, the first digit for all CLINs is “1”, etc. The first digit of the core number of each CLIN represents the Unit Price Table classification, i.e., “-1” indicates Twenty

Business Days Delivery, “-2” indicates Ten Business Days Delivery, etc. The last three digits of each

CLIN number represent the “unique identifier” of each CLIN.

(b) Program Management Office (PMO) is that support required under Section C.3.1. All PMO related costs shall be recovered through the Contractor’s fully loaded rates included in the Attachment (1) pricing table. PMO costs are not separately billable under the contract or any task order.

(c) The contract unit prices included in the pricing table shall be firm fixed priced. All firm fixed unit prices must be fully loaded to include all costs (both direct and indirect costs) and profit necessary to provide the level of service specified in the contract and/or task order.

(d) The following definitions apply to the pricing table:

1) Transcription Services - Reproduction of Government-owned recordings of immigration hearings. The final product will be submitted in: (1) original, hard copy (paper) format; (2) as an electronic document; or (3) both. Transcription will be in accordance with the directions specified in Sections C.3.4 and C.3.5.

2) Tape - Cassette tapes on which immigration hearings are recorded.

3) Electronic Medium – refers to the various media that may be used to electronically deliver dictated decisions (e.g., CDs, thumb drives, etc.)

4) Business Days - As defined in Section F.6(a).

5) Government Site - The following address:

Executive Office for Immigration Review

Board of Immigration Appeals

5107 Leesburg Pike

Falls Church, VA 22041

6) Page - As defined in Section C.3.4(a).

(e) There is no guarantee that actual quantities ordered during the term of the contract will be the same as that in the pricing table.

B.3 Minimum and Maximum Amounts

(a) The Department will order a minimum amount of $25,000 under each awarded contract. The

Department will have the entire term of the contract (to include all options) to fulfill the contract minimum. The specific Contract Line Item Numbers (CLINs) and quantities will be identified in the task order(s) issued under the contract. The exercise of the renewal options (see Section F.2) does not re-establish the contract minimum. During the life of this contract, the Department may order items in any quantity up to the maximum amount specified in paragraph (b) below. If the minimum amount has not been ordered then the Department will exercise the option for the next year.

(b) There are no maximum quantities or amounts for each individual CLIN, task order, or contract period. The maximum aggregate amount of all task orders issued under all awarded contracts will not exceed $66,000,000 for the entire term of the contracts, including all options which may be exercised.

B.4 Price Adjustments Under the Service Contract Labor Standards

(a) This contract is subject to the provisions of 41 U.S.C. chapter 67, Service Contract Labor

Standards (formerly known as the Service Contract Act (SCA) of 1965, (see Section I, clause 52.222-41).

The Government will not be liable to the Contractor for any additional/increased sums/costs for which the

Contractor may become liable to its employees as a result of a failure by the Contractor to properly conform or exempt its employees to the labor classifications stated in the applicable Department of Labor

(DOL) Wage Rate Determinations. Final determinations as to the proper conformance or exemption of

Contractor employees under the Service Contract Labor Standards will be the responsibility of the DOL.

(b) No price (fixed unit prices) adjustments will be made during the base period of this contract to any CLINs unless they are subject to price adjustment under FAR Clause 52.222-43.

(c) For any option periods which are exercised by the Government, all price adjustments shall be limited to, and in accordance with FAR clause 52.222-43, entitled "Fair Labor Standards Act and Service

Contract Labor Standards - Price Adjustment (Multi-year and Option Contracts)", incorporated by reference into Section I of the contract. The Government will utilize the supporting data contained in the

Contractor's proposal to verify any increase or decrease in the contract fixed unit price(s) which may be claimed by the Contractor as a result of a revised wage determination for any option period which may be exercised by the Government. The fixed rates will be adjusted to reflect the Contractor's actual increase or decrease in applicable wages and fringe benefits to the extent that the increase is made to comply with or the decrease is voluntarily made by the Contractor as a result of the DOL wage determination applicable at the beginning of the option period. As stated in Clause 52.222-43, any adjustment will be limited to increases or decreases in wages and fringe benefits as described in the clause, and the accompanying increases or decreases in social security and unemployment taxes and workers' compensation insurance, but shall not otherwise include any amount for general and administrative costs, overhead, or profit.

(d) The majority of the work to be performed on this contract will be accomplished at the contractor’s facilities. Therefore, the Contractor shall provide and utilize the DOL Wage Determination that applies to its location.

SECTION C - STATEMENT OF WORK

C.1 Introduction

The United States Department of Justice (DOJ) has a requirement for transcription services to support DOJ’s Executive Office for Immigration Review (EOIR). The Contractor shall furnish all resources necessary to deliver typed transcripts of Government-owned recordings of immigration hearings on an as-ordered basis in: 1) hard copy; 2) electronic format; or 3) both hard copy and electronic format.

C.1.1 Background

(a) EOIR was established in January, 1983. The Board of Immigration Appeals (BIA) hears appeals of decisions made in individual cases by Immigration Judges, District Directors, or other immigration officials. The Immigration Judges are part of the Office of the Chief Immigration Judge

(OCIJ) at EOIR. OCIJ has 59 immigration courts and 321 immigration judges throughout the United

States. The immigration courts vary in size; there can be one to approximately 30 immigration judges per court. Immigration Judges are responsible for conducting formal court proceedings, and act independently in their decision making capacity; their decisions are administratively final, unless appealed or certified to the BIA. EOIR is currently transitioning from paper to electronic documents.

The Contractor shall have the capability to process all transcription requests electronically.

(b) For transcription purposes, EOIR is currently utilizing a combination of manual and electronic processes:

(1) For cases that had hearings before the complete transition to EOIR Digital

Audio Recording (DAR) and in other rare circumstances where the hearings are done on tapes, the tapes used must be picked up at the

Government site.

(2) Even if a case has tapes associated with it, the EOIR DAR and work packages are sent electronically.

Currently, regardless of the delivery mechanism for the medium (e.g. tapes or EOIR DAR) that contains the hearings, transcripts are expected to be returned electronically, and the paper copies are hand-delivered (i.e. delivered by contractor personnel rather than a courier or postman) to the

Government site. However, it is the intention of the Government to explore opportunities to implement a fully electronic process (with the exception of rare circumstances), thus eliminating the need for paper for most work.

As EOIR is transitioning from paper to electronic documents and hearings are occasionally still recorded on tape, the Contractor is expected to perform both processes as needed, or a combination thereof. However, as EOIR moves toward a fully electronic process, the Contractor shall have the capability to process all transcription requests electronically. This includes the receipt of EOIR DAR and work packages and the electronic delivery of transcripts and invoices.

C.2 Scope of Contract

This contract is available for use by the Department of Justice on an indefinite-delivery, indefinite-quantity task order basis. The Contractor shall, on an as-needed basis, provide transcription services as described herein. Depending on the nature of the assignment, work may be performed at the

Contractor site or at a site designated by the Government. Services which require access to classified material shall, by direction of the Contracting Officer’s Representative (COR), be performed at the

Government site or at the Contractor’s local facility which has been granted a Defense Industrial Security

Clearance Office (DISCO) clearance.

C.3 Statement of Work

C.3.1 Program Management

C.3.1.1 General

(a) The Contractor shall provide all management, administration, staffing, planning, scheduling, equipment, procurement, storage, etc., necessary to provide the services required by the contract and/or task order. All of the management and administration requirements described in Section 3.1 shall be provided within the unit prices contained in Attachment (1) and are not separately billable under the contract or any task order.

(b) The Contractor’s Program Manager shall be responsible for technical and administrative performance of all services required hereunder. The Program Manager shall be the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The

Program Manager shall receive and execute, on behalf of the Contractor, all orders for work and technical direction as the COR and authorized ordering officials may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the Contractor.

(c) Program management to be provided by the Contractor shall include, but not be limited to, the following items:

(1) Supervision of its contractor personnel and consistent and timely management of the support services to be provided under this contract.

(2) All activities associated with recruiting and hiring staff, such as advertising, screening applicants (to include security clearance requirements), interviewing, reference checking, etc.

(3) Maintaining “in-house” skills, teaming and/or subcontract arrangements to ensure that staff members with the requisite experience, skills and knowledge are available on short notice.

(4) Providing and supervising sufficient numbers of effective transcribers.

(5) Assembling billing data and billing back-up materials, including all time and materials needed for preparing any responses to Government billing rejection letters. Generating, distributing, and tracking invoices, including generating reports and responding to inquiries regarding invoice status, tracking which deliverables and/or units have been invoiced and which have not, etc.

(6) Tracking and reporting on Government furnished media. The Contractor is responsible for adequate care and safekeeping of all Government furnished materials, including inventorying, tracking and reporting, etc. The Contractor shall reimburse the Government for any Government furnished materials lost or stolen while in the Contractor's safekeeping.

(7) All activities associated with managing subcontractors, such as identifying and qualifying them, negotiating subcontracts, reviewing invoices, ensuring compliance with the security and other requirements of this contract, etc.

(8) Implementing and maintaining quality assurance and quality control systems to ensure that all contract and task order requirements are met throughout the term of the contract.

C.3.1.2 Personnel

(a) The Contractor shall be responsible for providing trained, experienced staff for performing the work ordered under this contract, and for continuously monitoring, managing and controlling the work.

The Contractor shall ensure that each transcriber is proficient in grammar, vocabulary and punctuation, and is familiar with legal terminology and legal citation. The Contractor shall make its best efforts to retain staff members who have gained experience on this contract, and to minimize staff turnover.

(b) The Contractor shall ensure that individuals assigned work under this contract are knowledgeable of contract-specific issues such as confidentiality and DOJ security requirements. In addition, Contractor managers shall be educated in the terms and conditions of the contract. The CO and

COR will meet with the contractor management personnel upon successful award to review these requirements and provide any necessary documentation.

(c) The Government reserves the right to require the Contractor to reassign from this contract any

Contractor employee(s) who is deemed incompetent, careless, unsuitable or otherwise objectionable, or whose continued use under the contract is deemed contrary to the best interests of the Government.

(d) The Contractor shall remove any employee from performance of contract work within five (5) working days of receiving written notice from the Contracting Officer that the employee's performance is unsatisfactory. The Contractor shall immediately remove any Contractor employee found to represent a threat to the safety of government records, government employees, or other Contractor employees. In instances where the removal of an employee is for substandard performance or behavior negatively impacting delivery of services, the Contractor will be given an opportunity to address the situation prior to removing the employee.

C.3.1.3 Security Clearances

(a) Each employee of the Contractor working under this contract is subject to the security clearance requirements as set forth in Section H.6. Prior to assigning an employee to the contract, the

Contractor must submit for that employee the completed forms as specified in Section H.6. The

Contractor shall comply with the National Industrial Security Program Operating Manual (NISPOM) for all work performed under this contract that involves access to classified materials.

(b) The Contractor is responsible for screening all prospective employees for suitability for work on this contract as delineated in the Contractor's proposal. Guidelines for this screening function are also provided in Section H.6.

(c) The Contractor shall maintain a database of all personnel that have been subject to the security clearance requirements of this contract. At a minimum, the database shall include the full name, position, location, date forms submitted to COR, date clearance granted/denied, and clearance type. All information in the database shall be made available to the COR or CO upon request.

(d) If source materials and transcriptions are designated as National Security Information (NSI) classified documents, the Contractor shall ensure that the following procedures are followed:

(1) Materials must be stored in a locked, GSA approved security container with proper controls as set forth by the Department of Justice Security Operating Manual. The combination for such storage facilities shall be restricted to those who have a need to know and who possess the requisite security clearance. The combination shall be changed when a person with knowledge of the combination leaves the Contractor's organization, upon compromise of the combination, or periodically as required.

(2) During working hours, Contractor employees assigned to areas where DOJ work is being performed must take care to prevent viewing of materials by other persons by covering or turning face down when necessary. When not in use, materials must be stored in a GSA approved locked security container, or otherwise protected to preclude access when unauthorized persons are present. The need to know principle shall be adhered to at all times.

(3) During non-working hours DOJ materials shall be returned to GSA approved storage containers as soon as practicable after use. Classified materials shall not be removed from the Government site or the premises of the Contractor for any reason except for delivery to the DOJ.

(4) During non-working hours, entrances and exits to areas where classified contract-related materials are kept shall be securely locked.

(5) Materials must be transmitted by cleared courier or approved electronic means or be sent through the Defense Courier Service or an authorized government agency courier service.

C.3.1.4 Quality Control

(a) The Contractor shall be solely responsible for the quality of services provided. The

Contractor shall also be liable for Contractor employee negligence, and any fraud, waste or abuse.

(b) The Contractor shall utilize a Quality Control (QC) System to ensure that services are completed in accordance with acceptable principles of internal control, and meet specified, acceptable levels of quality. The operation of the Quality Control Program shall be described in a written Quality

Control Plan, maintained and made available to the COR. The Contractor shall maintain this plan, revise it as necessary throughout the life of the contract, and provide updated copies to the COR as necessary.

C.3.1.5 Hours of Operation

The Contractor shall have personnel available to respond to Government inquiries Monday through Friday between the hours of 8:00 a.m. and 4:30 p.m., Eastern Standard Time (excluding Federal government holidays listed in Section F.6).

C.3.2 General Requirements

(a) The Contractor shall furnish typed transcripts of Government-owned and furnished recordings of immigration hearings. The hearings are primarily recorded on EOIR’s digital audio recording system and, when necessary, on cassette tapes using analog recording equipment. The

Contractor shall provide, on an as-ordered basis, the transcription of immigration hearings and oral decisions or other recordings in hard copy and/or electronic format. The Contractor shall deliver the electronic deliverables to the Government by any one of the following means, as designated by the COR:

Secure Shell (SSH) File Transfer Protocol (SFTP) Server an electronic Portal or Gateway (e.g. via the Internet) on electronic media (e.g. a CD, thumb drive, etc.)

(b) Some of the language spoken in the hearing may be in a foreign language. There will be an interpreter present in the courtroom to interpret the foreign language into English. The Contractor is responsible for transcribing the English language portions of the hearings only. The Contractor shall transcribe verbatim everything that is spoken in English during the hearing unless the Immigration Judge directs otherwise. On occasion, the Immigration Judge may state the wrong hearing date; the contractor shall type the hearing date as reflected on the case summary sheet if provided.

(c) The Contractor shall provide sufficient equipment and personnel to perform required services in the time frame specified in the contract. The Contractor shall type, edit, and correct all transcriptions in accordance with the directions specified in Section C.3.4. In safekeeping material to be transcribed as well as material that has already been transcribed, the Contractor shall perform the following:

(1) The Contractor shall ensure that personnel password protect files and software used to produce transcriptions, so that they cannot be accessed by unauthorized individuals.

(2) The Contractor shall provide total redundancy for its word processing/computer system to ensure no loss of data. Contractor word processing/computer systems shall not be used to access the Internet during the performance of services under this contract unless specifically required by the Government for that performance.

(3) The Contractor shall archive all transcripts on removable media (e.g., removable hard drives, diskettes, compact discs, etc.) for a period of five years after the hearing has been transcribed. The Contractor shall label the removable media with the appropriate data sensitivity level.

(4) At the end of the five-year period, the Contractor shall either destroy, degauss the data on the removable media or preserve and deliver the removable media to EOIR in boxes grouped by year, at EOIR's option and in accordance with the COR’s instructions.

(d) Transcribers shall not perform a final proofread or edit of their own work. The Contractor shall use one (1) transcriber per case; the transcriber shall use one (1) proofreader per case. For unusual situations, such as an extremely long transcript with an expedited (less than 20-day) delivery schedule, the

Contractor shall obtain prior written permission from the COR to use more than one (1) transcriber on a case.

(e) The Contractor shall possess and use in the performance of this contract the following equipment:

(1) For analog tapes a SONY 147-BEC/T 4-channel transcriber, or equivalent, to interface with the EOIR’s BM-146/246 Sony court confer-corders (4 track, 4 channel

250-7000 Hz for 4.8 cm/sec). To be considered equivalent, the Contractor’s transcribing equipment shall include, at a minimum, the following features, without modification to the original manufacturer’s specifications: Transcribing tape speeds of 1.2, 2.4, or 4.8 cm/sec. Tone and volume control in the play back mode Channel select buttons: ALL, CH-1, CH-2, CH-3, CH-4 – Capability of play back of any mix of channels 1-4 Play back level indicators for channels 1-4 that energize in response to level of signals recorded on tape speed control slide to adjust the play back speed capable of functioning ONLY when a variable speech control switch is set to ON. Channel select switch capable of selecting channels to be played back or selecting a channel which is assigned to a particular person’s voice time control switch, enabling repetition of a few words of dictated material variable speech control switch, allowing play back of recorded tape at faster than normal speed without distorting the voice (i.e., increase to 80% faster than normal speed or decrease to 20% slower speed) and Does NOT have “Record” or “Erase” capability.

(2) For Digital Audio Recordings (DAR) a personal computer (PC) capable of interfacing with DAR recordings via the RCplayer© software (or equivalent software authorized by the Government).

(3) To process DAR recordings the Contractor must be able to use Secure File Transfer

Protocol (SFTP) software for accessing DAR recordings, have the capability to read

DAR recordings on compact disk, and have access to a USB foot pedal.

(f) The Contractor shall ensure that each transcriber uses a spell check verification word processing software package on every transcript. The transcribed data shall exactly match the official transcript, with page and line numbers in proper sequence, page by page, and line by line.

(g) The Contractor shall proofread 100% of each transcript prior to delivery. "Proofreading" is defined as sight reading of the entire transcript for errors or omissions. If the transcript contains errors, the Contractor (Proofreader) shall then audit 100% of the transcript to ensure accuracy. "Auditing" is defined as reading the transcript, line-by-line, while listening to the recording. All new transcribers will have their transcripts audited, until consistent quality is assured. Failure to follow these or like procedures could result in erroneous transcripts which the Government reserves the right to return to the

Contractor for retyping, at no expense to the Government.

(h) All costs associated with pick-up and delivery shall be the responsibility of the Contractor.

The Contractor shall ensure that both the Program Manager and proofreaders are at the contractor site during the hours of operation specified in Section C.3.1.5 to make administrative decisions and transcript corrections whenever necessary, and that a "dedicated telephone line" is available to Government during these core hours.

C.3.3 On-Site Transcription

The Contractor shall provide a fully qualified on-site transcriber at EOIR headquarters within 24 hours of EOIR’s request for transcription services to be performed on-site. The Contractor shall ensure the transcriber has the appropriate security clearance and necessary equipment to transcribe the recordings on-site. The Government will provide the equipment necessary to play the recorded proceedings. If the hearings are classified at a level higher than Sensitive but Unclassified (SBU), the Government will provide the equipment with the appropriate security certification.

C.3.4 Transcript Format

The Contractor shall adhere to the following format when transcribing material for the

Government:

(a) Paper Transcripts

(1) The Contractor shall complete all printed transcripts with black ink on one side of good quality, 20-weight, 8 ½" by 11" bond paper.

(2) The transcriber shall begin each transcript and subsequent individual hearings with a cover/title page containing the following information: judge’s name, the attorneys’ names, alien’s name and number, the location of the hearing, the hearing date, the interpreter's name, and the type of hearing. (i.e., exclusion, deportation, removal, rescission, or bond). The cover page shall not be numbered.

(3) The Contractor shall use Arial 12-Point type, double spaced, beginning 1.2" from the top of the page and continuing to 1" from the bottom on the page.

(4) The Contractor shall begin typing immediately ten spaces from the left side of the paper and continue to the right side of the paper within ten spaces (allowing for properly hyphenated words). The lines of type shall be aligned with the printed numbers 1 through 25. The Contractor shall left-justify all transcripts.

(5) The Contractor shall number pages of the transcripts or other documents in consecutive order. The Contractor shall type page numbers at the bottom center of each page of the transcript, numbering separately the immigration hearing and the Immigration

Judge’s decision.

(6) For Immigration Court proceedings, the Contractor shall type the hearing date in the lower right-hand corner and the alien number in the lower left-hand corner of each page of the transcript on the same line as the page number. The Contractor shall not abbreviate dates. Reserved decisions should have no dates on the headers or the footers.

(7) The last page of the finished transcript shall be the certificate page, which shall appear as follows:

Certificate Page:

I hereby certify that the attached proceeding before Judge_________, in the matter of

XXXXX

A #

Memphis, Tennessee was held as herein appears, and that this is the original transcript thereof for the file of the

Executive Office for Immigration Review.

(Signature of Transcriber) (Name of Transcriber)

Name of Transcription Company:

Address of Transcription Company:

Telephone # of Transcription Company:

(Completion Date)

(8) The Contractor shall two-hole punch each collated set (centered at the top of each page with holes 2 -7/8" apart) and assemble the set in proper page number sequence.

Cases having more than one hearing date are to be kept together. The final assemblage shall have the transcripts of the original case and its respective hearings bound together and one copy of the Immigration Judge’s decision.

(9) The Contractor shall fasten the original printed transcript with a rubber band. The

Contractor shall ensure that the two-hole punches are aligned while fastening the transcript.

(10) The Contractor shall fasten the entire transcript, its corresponding copies (if any) and the “Tape Transmittal Record "(TTR) envelopes together as one package.

(11) The Contractor shall affix a “Post-It” or equivalent tape flag to the last numbered page of the original, locating the flag at the bottom right corner.

(12) When additional copies are requested, the Contractor shall secure the photocopies to the original by a rubber band. The Contractor shall secure transcript photocopies of shorter lengths by paper clips.

(13) The Contractor shall use rubber bands with the following specifications:

(a) 1 pound;

(b) 7” length x 1/8” width; and

(c) Size 117

(b) Electronic Transcripts

The Government has created a Technical Specifications document (Attachment (2)) with process and technical information for the EOIR eTranscription application. Specifically, this document covers the technical and procedural interface between EOIR and transcription vendors for the EOIR eTranscription application.

(1) The transcriber shall begin each transcript and subsequent individual hearings with a cover/title page containing the following information: judge’s name, the attorneys’ names, alien’s name and number, the location, the hearing date, the interpreter's name, and the type of hearing. (i.e., exclusion, deportation, removal, rescission, and bond). The cover page shall not be numbered.

(2) The Contractor shall use Arial 12-Point type, double spaced, beginning 1.2" from the top of the page and continuing to 1" from the bottom on the page.

(3) The Contractor shall begin typing immediately ten spaces from the left side of the paper and continue to the right side of the paper within ten spaces (allowing for properly hyphenated words). The lines of type shall be aligned with the printed numbers 1 through 25. The contractor shall left-justify all transcripts.

(4) The Contractor shall number pages of the transcripts or other documents in consecutive order. The Contractor shall type page numbers at the bottom center of each page of the transcript, numbering separately the immigration hearing and the Immigration

Judge’s decision.

(5) For Immigration Court proceedings, the Contractor shall type the hearing date in the lower right-hand corner and the alien number in the lower left-hand corner of each page of the transcript on the same line as the page number. The Contractor shall not abbreviate dates. Reserved decisions should have no dates on the headers or the footers.

(6) The contractor shall arrange the set of hearing transcripts in proper page number sequence. Transcripts having more than one hearing date are to be kept together. The final arrangement shall have all of the hearing transcripts, Immigration Judge’s oral decision, and a completed certificate page.

C.3.5 Accuracy of Transcripts

(a) The contractor shall furnish complete and accurate transcripts. The transcripts shall be completely free of typographical and spelling errors and without the omission of any word(s) from the text when it is clearly audible on the cassette tape. Nothing spoken at the hearing will be “off the record” unless so designated by the Immigration Judge. No part of the hearing shall be omitted from the record unless directed by the Immigration Judge and/or the Board of Immigration Appeals. Transcribers shall not make any corrections on hard copies of the transcript. The use of white correction fluid, correction tape, etc., is not permitted. The Government reserves the right to return any transcript(s) that contains errors, including missing or illegible pages. The COR will notify the contractor at the time of normal pick-up and delivery of transcripts which require corrections. The contractor shall furnish the corrected transcript(s) within five business days or the original turnaround time, whichever is less, after notification by the Government, at no additional cost to the Government. The contractor shall reassemble the corrected transcripts in accordance with Sections C.3.4 (a) of this contract.

C.3.6 Management of Transcripts and Media

(a) The Contractor shall, at no cost to the Government, make all arrangements for transportation of TTR envelopes and paper transcripts between the Government and Contractor sites. The Contractor shall repair all tapes, regardless of the reason for damage. The Contractor shall return all media in the

TTR envelopes attached to their respective transcripts, in covered, sealed, and secured containers. The container contents shall be put in order by city and alien number, mirroring the transcript shipment list provided by the Government at the time of the scheduled pickup. The Contractor shall deliver the completed transcript and TTR envelopes directly to the designated Government representative. The

Contractor shall also submit two copies of the transcript shipment list, corresponding to that shipment, to the designated Government representative.

(b) For electronic transcription delivery, the Contractor shall abide by the approved processes and procedure mechanisms. Currently, the EOIR eTranscription delivery mechanism is via the SSH

SFTP means specified in C.3.2 (a); however, the EOIR reserves the right to adjust this electronic delivery mechanism during the course of this contract period. Details of the existing SSH SFTP delivery mechanism are covered in Attachment (2).

(c) The Contractor shall verify the number of tapes on the Government-provided transcript shipment list and check the tapes for damage.

(1)The Contractor shall report any damage it finds to the Government within one (1) business day from the date of receipt of the tapes by the Contractor. The Contractor shall repair those damaged tapes reported within the one (1) business day reporting period at the fixed price shown in Section B.2. The tapes shall be repaired within two (2) business days.

(2) The Contractor shall repair, at no cost to the Government, all damaged tapes in its possession that have not been reported to the Government within the one (1) business day reporting period. These tapes shall be repaired within two (2) business days.

(d) All contractor work-products, including transcripts, tapes, CDs, digital audio recordings, reviews, materials or documents resulting from transcription, in part or in whole, will remain the property of the Government. The Contractor shall secure all such work-products when not in use.

(e) Records of Proceedings for cases involving sensitive but unclassified (SBU) information may require additional protection. SBU information includes, but is not limited to grand jury information, informant and witness information, investigative material, Federal tax and tax return information, Privacy

Act information, and information which can cause risk to individuals or be sold for profit. The Contractor shall label or identify SBU information by placing the caveat "Sensitive But Unclassified" on the first page, by a notation in a covering memorandum, or by affixing an SBU label or cover sheet to the material to ensure recipients are aware the information requires protection. Provided the Contractor has minimum physical security safeguards in place, sensitive information may be stored, when not in use, in locked offices, desks, or cabinets. The Government reserves the right to impose additional protective measures as necessary.

(f) The Contractor shall shred all draft or excess copies of transcripts disposed of by the

Contractor at the place of performance. The Contractor may use commercially available strip-cut or cross-cut shredders. Electronic drafts shall also be destroyed in compliance with Section H.6.3.

C.4 Transcription Requests

The average length of a transcript resulting from one immigration hearing is approximately 100 pages. The average hearing is 2.6 hours in length; some may be considerably longer. Most of the transcription requests require a 5-day or 20-day turn-around time. To meet this request, the Contractor shall have the capability of transcribing the following hours (weekly):

(a) 1000 hours of audio* per week with a 5-day turn-around time and;

(b) 500-750 hours of audio* per week with a 20-day turn-around time

*most audio contains simultaneous interpretation

This capacity is not a minimum workload commitment or guarantee by the Government and in no way binds the Government.

C.5 Contract Phase-In

The continuing provision of transcription services covered under this solicitation is essential to continuity of the program. Therefore, it is critical that the transition from the current operation to a new contract be accomplished in a well planned, orderly and efficient manner. The Contractor shall be responsible for the phase-in of Contractor personnel and the assumption of ongoing tasks. Phase-in activities will include, but not be limited to, placement of any necessary subcontracts, mobilization of staff and other resources, obtaining of necessary clearances, execution of the Confidentiality Agreement included as Attachment (3), and any other activities required to put the Contractor in a position to accept and perform requirements for transcription services. Certain current staff of the incumbent contractor will be available during this period to provide administrative and technical orientation to new Contractor personnel, familiarize the Contractor with required services, and provide other guidance and assistance as mutually determined by the Government and the Contractor.

C.6 Contract Phase-Out

At the conclusion of the contract, the functions performed under this contract may convert to an in-house Government operation or may be awarded through another contract. In either case, the

Contractor may be required to assist in the phase-out of this contract. The price and terms of the assistance required will be negotiated as a separately priced task order.

SECTION D - PRESERVATION, PACKAGING AND MARKING

D.1 Payment of Postage and Fees

All postage and fees related to submitting information to the Contracting Officer or the

Contracting Officer's Representative (COR) shall be paid by the Contractor.

D.2 Preservation, Packing and Marking

(a) All information submitted to the Contracting Officer or the Contracting Officer's

Representative (COR) shall include the contract number.

(b) Unless otherwise specified, all material shall be preserved, packaged, and packed in accordance with normal commercial practices to insure acceptance by common carrier and safe arrival at destination.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance

(a) Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the COR or his designated representative, in accordance with FAR

Clause 52.246-4, as applicable, and any other provisions specified in this contract. The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the transcribed materials conform in all respects to the contract specifications. Transcribed materials which are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions, will be provided to the Contractor by the COR.

(b) The Government shall have ten (10) business days from receipt of each deliverable to inspect and accept items delivered/work performed under the task order. Rejected work and/or comments on all deliverables will be provided to the Contractor by the COR. The Contractor shall be responsible for replacement or corrections to the work or deliverable as necessary to meet the standards of acceptance identified in the contract and the task order. The cost to replace or correct nonconforming work or deliverables shall be borne as specified in the appropriate Section E.2 clause or as specified in the task order.

E.2 Clauses Incorporated by Reference

This contract incorporates the following clauses from the Federal Acquisition Regulation (48

CFR Chapter 1) by reference with the same force and effect as if they were given in full text. The full text of a clause may be accessed electronically at this/these address(es): http://www.acquisition.gov/far/ http://farsite.hill.af.mil/

Clause

Number

Title

52.246-2 Inspection of Supplies – Fixed Price (AUG 1996)

52.246-4 Inspection of Services – Fixed Price (AUG 1996)

52.246-16 Responsibility for Supplies (APR 1984) http://www.acquisition.gov/far/

SECTION F - DELIVERIES OR PERFORMANCE

F.1 Term of the Contract

The period of performance of the contract shall commence on April 01, 2018, and end on

September 30, 2018. Four (4) 1-year option periods and one (1) six-month option period may be exercised at the discretion of the Government.

F.2 Option to Extend Term of Contract (FAR 52.217-9) (MAR 2000)

(a) This contract may be extended, at the unilateral option of the Government, upon the same terms and conditions stated herein for a period of one (1) year or fractions thereof. To exercise the option to extend the term of the contract, the Contracting Officer will issue a written modification prior to the expiration of the applicable term period. The Government will endeavor to provide a preliminary written notice of its intent to exercise the option; however, the lack of such written notice will not in any way lessen the Government’s unilateral right to extend the contract pursuant to this clause. If such a preliminary notice is provided, it shall not be construed as an exercise of the option nor will it bind the

Government to exercise the option.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

F.3 Option to Extend Services (FAR 52.217-8) (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed six (6) months. The Contracting

Officer may exercise the option by written notice to the Contractor within the term of the contract.

F.4 Place of Performance

The majority of work performed under this contract will be accomplished at the Contractor’s facilities. On occasion, the Contractor will be required to perform work at the Government’s facility at

5107 Leesburg Pike, Falls Church, VA, 22041.

F.5 Place of Delivery

The ordering officials and their respective locations are listed below:

Pickup/Delivery Locations and Ordering Officials

Location Ordering Officials

Executive Office for Immigration

Review

Board of Immigration Appeals

5107 Leesburg Pike-20th Floor

Falls Church, VA 22041

TBD

F.6 Time of Delivery

(a) All pickups and deliveries shall be from/to the locations specified in Section F.5. The

Contractor shall deliver all work products no later than 10:30 am, Monday through Friday (excluding holidays), unless otherwise specified by the Government. All times specified herein are Eastern Time.

The term “business days” as used herein is defined as Monday through Friday excluding the Federal

Government Holidays listed below. In addition to the holidays listed below, there may be certain types of irregularly occurring circumstances that prompt the Government to close the office(s) listed in Section F.5

(e.g., bomb threats, inclement weather, power outages, death of a national figure, funding lapses, or other similar circumstances); such closures are not counted as business days.

New Year’s Day

Martin Luther King’s Birthday

Presidents’ Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Christmas Day

Inauguration Day (every fourth year) in Washington DC metro area only

(b) At the beginning of each contract period, in conjunction with the issuance of a task order(s) as specified in Section H-2, the COR will establish a periodic pickup and delivery schedule (the

“schedule”). This schedule may include multiple pickups and deliveries daily or weekly. Late deliveries and/or nonconforming work will be subject to the assessment of payment deductions as specified in

Sections F.7. The assessment of payment deductions will be determined on a case by case basis by the

COR. Any changes to the schedule will be provided to the Contractor in writing by the COR.

(c) Normally, the assigned quantity within each batch for pickup will be constant throughout the contract period. For any batches that fluctuate from the constant quantity by a significant amount, the

COR will provide the Contractor advance notice of “additional or reduced quantities” in a batch. If the

Contractor anticipates that it will not be able to meet the specified delivery schedule for the additional quantities, the Contractor shall notify the COR in writing at least seven (7) calendar days prior to the scheduled pickup date. This notification shall identify whether the Contractor will be assigned any of the additional quantities and, if so, the specific number. The COR will confirm the revised amount, and no payment deductions will be assessed on the additional quantities that were not assigned to the Contractor.

(d) The schedule will also specify the normal delivery time(s) (i.e., CLINs 1001 through 1004 for

20 business days, etc.) for each batch…