1605DC-17-R-00009_-_Amendment_0002_-_Transcription_Services.pdf

(x)

1605DC-17-R-00009

x x copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted ; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT

THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted , such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

x

Washington DC 20210

OPS

S-4307 200 Constitution Ave, NW Office of Procurement Services US Department of Labor

04/06/2017000002

13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

12. ACCOUNTING AND APPROPRIATION DATA (If required) is not extended.is extended, Items 8 and 15, and returning

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended , by one of the following methods: (a) By completing

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

FACILITY CODE CODE

10B. DATED (SEE ITEM 13)

10A. MODIFICATION OF CONTRACT/ORDER NO.

9B. DATED (SEE ITEM 11)

9A. AMENDMENT OF SOLICITATION NO.

CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code)

7. ADMINISTERED BY (If other than Item 6)CODE 6. ISSUED BY

PAGE OF PAGES

4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO. (If applicable)

1. CONTRACT ID CODE

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

04/06/2017

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority) appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

E. IMPORTANT: Contractor is not, is required to sign this document and return __________________ copies to the issuing office.

ORDER NO. IN ITEM 10A.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

The purpose of this amendment is to post the questions and responses to the solicitation.

The following changes have been made to the solicitation:

1. The following statement in Schedule B is hereby removed: "*This pricing table is only a suggestion. The contractor has the flexibility to propose as necessary to meet the

Government’s requirement. *"

2. The requirement for hardcopies in Sections 3.4 and 6.5 has been removed.

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)15A. NAME AND TITLE OF SIGNER (Type or print)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA 15B. CONTRACTOR/OFFEROR 16C. DATE SIGNED

(Signature of person authorized to sign) (Signature of Contracting Officer)

Myla Gale

STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA

FAR (48 CFR) 53.243

NSN 7540-01-152-8070

Previous edition unusable

Except as provided herein, all terms and conditions of the document referenced in Item 9 A or 10A, as heretofore changed, remains unchanged and in full force and effect .

Office of Workers Compensation Programs Court Reporting/Transcription Services Solicitation: 1605DC-17-R-00009 Questions and Responses

1. I am wondering if an incumbent exists for the potential requirement: Court Reporting/Transcription Services outlined under 1605DC-17-R-00009. If so, could you please provide the following information?

Response:

• Vendor name -York Stenographic Services Inc.

• Contract number – DOLJ119E31543

• Value - $1,947,692.50

• Date of award - 02/02/2011

• Expiration date - 05/18/2017

2. Are vendors permitted to submit a change for an appearance fee for the reporter in-person hearings?

Response: No

3. What does NTE stand for (in the Pricing Schedule and corresponding to ODC/Travel)?

Response: Not to Exceed

4. Are vendors permitted to sell copies of the transcripts to the parties to the cases?

Response: No

5. Who is the current contract provider?

Response: York Stenographic Services, Inc.

6. Can you provide us with the current pricing structure?

Response: The current pricing structure is reflected in Schedule B of the solicitation.

7. Will the reporter be required to process exhibits during the hearings?

Questions and Responses

Response: No

8. Will the contractor be required to include the exhibits with the submission of the transcripts?

Response: No

9. Is there a current contract in place, and if so, who is the current contractor?

Response: Yes, York Stenographic Services, Inc.

10. There is reference in the solicitation of approximately 3000 – 3500 hearings per year, which breaks out to about 60ish per week – are the hearings generally held in succession on a particular day, i.e., there might be 10 or 15 scheduled in a row or are they spread throughout the week?

Response: Multiple hearings might be scheduled in a succession on multiple days of the week, i.e. Monday 8 hearings; Tuesday 17 hearings; Wednesday 30; Thursday 5;

Friday 15 hearings. Approximately 15 – 17 hearings reps are assigned oral/video/telephone hearing dockets each month. Each docket has approximately 20-25 hearings. There may be days when no or few hearings are scheduled. There are typically more hearings scheduled Tuesday through Thursday and in the second week of the month. The hearings are not balanced throughout the week or month.

11. In addition to the 3000 – 3500 hearings that require a court reporter to be present at the site there are 3000 additional telephone referenced hearings. Again, are those generally held in succession or spread into different times?

Response: The 3000-3500 hearings include the in-person, telephone, and video hearings. Again, multiple hearings are held in succession and throughout the week at different times depending on the hearing representative’s schedule, i.e. multiple hearing representatives may schedule telephone hearings, video hearings, and in-person hearings on one particular day.

12. Can you break down the approximate number of hearings that were held in each location last year?

Response: Boston 72; New York 171; Philadelphia 142; Chicago 84; San Francisco 128;

Washington DC 165

Questions and Responses

13. Will each reporter who goes on-site to a facility be required to be fingerprinted and have a background check?

Response: No

14. What are the present rates for which services are providing these services?

Response: The total contract value is $1,947,692.50

15. What process has been put in place for the transition from previous vendors handling this work and the present vendor taking over the work flow? I'm referring to the phase in phase out plan addressed in the solicitation.

Response: There is no historical data in response to this question.

16. Who is the current vendor and what are their prices?

Response: York Stenographic Services, Inc. The total contract value is $1,947,692.50

17. What is the current contract number?

Response: DOLJ119E31543

18. What is the basic order for each hearing?

Response:

A claimant is allowed an hour for hearing, but in rare situations, this could be extended at the discretion of the hearings representative. The hearing representative gives a brief opening statement, then takes hearing testimony, and then gives a closing statement.

For telephonic hearings service average length of hearing 30-45 minutes – avg page count 50-150;

For in-person hearings service average length of hearing 30-45 minutes – avg page count 50-100

Questions and Responses

For video hearings service average length of hearing 30-45 minutes- avg page count 50-100

19. Section 3.2 and Exhibit 1 Deliverable Schedule indicate that it is electronic (PDF) format only, but Sections 3.4 and 6.5 make reference to an original and 2 hard copies. If an original and 2 hard copies are required where are they shipped and how does a vendor bill for this shipping cost?

Response: This statement was in error. No hard copies are to be sent in response to this solicitation.

20. The footnote at the end of Section B.1 Pricing Schedule states that the “pricing table is only a suggestion. The contractor has the flexibility to propose as necessary to meet the Government’s requirements.” How will DOL determine the lowest priced contractor if each contractor modifies the pricing table so that there is no longer uniformity of CLINs from contractor to contractor?

Response: The footnote has been removed. All interested vendors are requested to provide a quote based upon the pricing structure in Section B.

21. Are multiple hearings scheduled throughout the day at a given location?

Response: Yes

22. What is the average number of hearings per day at a given location?

Response: 16 to 48

23. What is the average length in time (minutes) for each hearing?

Response: 30 – 45 minutes

24. What is the average number of pages for each hearing?

Response: 50 to 150

25. At a given location, are the hearing days consecutive and if so how many are usually scheduled together?

Questions and Responses

Response: Yes, the hearings can be held consecutive days. Multiple hearing representatives can schedule approximately 6-8 hearings a day at the same time, i.e.

telephonic hearings

26. Are the hearing days held on a regularly scheduled periodic basis (e.g. the third week of every month in Chicago, every other Monday and Tuesday in Philadelphia, etc.)?

Response: No; however, the second and third weeks of every month is when we have the largest schedule of in-person, telephone and video hearings.

27. If a hearing ends early or is cancelled does the next hearing start promptly thereafter or is the scheduled fixed and there would be downtime until the next scheduled hearing (e.g. if there are hearings scheduled for 10am, 12pm and 2pm and the 12pm complainant does not show up, will the 2pm hearing be rescheduled and start at 12pm or will the reporter be required to wait for the 2pm start time)?

Response: The court reporter would have downtime until the next scheduled hearing.

28. The solicitation gives an estimate of 3000-3500 hearings per year and then also indicates an average of 3300 telephonic hearings. Are the 3300 telephonic hearings in addition to the 300-3500 hearings or are they included in this number?

Response: No, the 3300 telephonic hearings are part of the 3000-3500 hearings estimate per year.

29. Are the video hearings part of the 3000-3500 hearings per year estimate? If not, what is the estimate on the number of video hearings?

Response: The video hearings are part of the 3000-3500 hearings per year estimate.

30. When a hearing is conducted by video, where is the judge located?

Response: The hearing representative located in the Office of Workers’ Compensation district office.

Questions and Responses

31. What are the locations of video-conferencing facilities used under this contract? Please specify?

Response: The locations listed are the local workers’ compensation district offices:

Boston, MA; New York City, NY; Philadelphia, PA; Jacksonville, FL; Cleveland, OH;

Chicago, IL; Kansas City, MO; Denver, CO; Seattle, WA; San Francisco, CA; Dallas, TX;

Washington, DC;

32. Is it agreeable for the reporter to be at another video location other than the video locations of the judge, complainant, etc.?

Response: No, the court reporter will be in the video location of the claimant.

33. Is the contractor required to provide any video equipment? If so, what equipment? What quantity of equipment? At what location(s) must the video equipment be provided?

Response: No, the video equipment is provided by the Office of Workers’ Compensation Program.

1605DC-17-R-00009 Amendment 0001 OWCP Court Reporting/Transcription Services

PART B: SUPPLIES OR SERVICES/PRICE/PERFORMANCE /COSTS

B.1 PRICING SCHEDULE

Court Reporting/Transcription Services Base Year: May 20, 2017 – May 19, 2018

NO.

UNITS

UNIT

MEASURE SUBTOTALS TOTAL

CLIN 0001 Transcription Services 20000 Page $ CLIN 0002 Transcription Services (OCONUS) 600 Page $ CLIN 0003 Transcription Services (Washington DC) 5000 Page $ CLIN 0004 Transcription Services (Video) 20000 Page $

CLIN 0005 Transcription Services (Telephone) 79000 Page $ CLIN 0006 Cancellation Fee 1 Each $ CLIN 0007 Non-regular Transcription Services 25 Page $ CLIN 0008 Non-regular Transcription (OCONUS) 100 page $

CLIN 0009 ODC/Travel NTE $500.00 $500.00 Base Year $

Court Reporting/Transcription Services Option Year 1: May 20, 2018 – May 19, 2019

NO.

UNITS

UNIT

MEASURE SUBTOTALS TOTAL

CLIN 1001 Transcription Services 20000 Page $ CLIN 1002 Transcription Services (OCONUS) 600 Page $ CLIN 1003 Transcription Services (Washington DC) 5000 Page $ CLIN 1004 Transcription Services (Video) 20000 Page $

CLIN 1005 Transcription Services (Telephone) 79000 Page $ CLIN 1006 Cancellation Fee 1 Each $ CLIN 1007 Non-regular Transcription Services 25 Page $ CLIN 1008 Non-regular Transcription (OCONUS) 100 page $ CLIN 1009 ODC/Travel NTE $500.00 $500.00

Option Year 1 $

Court Reporting/Transcription Services Option Year 2: May 20, 2019 – May 19, 2020

NO.

UNITS

UNIT

MEASURE

SUBTOTALS

TOTAL

CLIN 2001 Transcription Services 20000 Page $ CLIN 2002 Transcription Services (OCONUS) 600 Page $ CLIN 2003 Transcription Services (Washington DC) 5000 Page $ CLIN 2004 Transcription Services (Video) 20000 Page $

CLIN 2005 Transcription Services (Telephone) 79000 Page $ CLIN 2006 Cancellation Fee 1 Each $ CLIN 2007 Non-regular Transcription Services 25 Page $ CLIN 2008 Non-regular Transcription (OCONUS) 100 page $

CLIN 2009 ODC/Travel NTE $500.00 $500.00 Option Year 2 $

Option Year 3: May 20, 2020 – May 19, 2021

CLIN 3001 Transcription Services 20000 Page $ CLIN 3002 Transcription Services (OCONUS) 600 Page $ CLIN 3003 Transcription Services (Washington DC) 5000 Page $ CLIN 3004 Transcription Services (Video) 20000 Page $

CLIN 3005 Transcription Services (Telephone) 79000 Page $ CLIN 3006 Cancellation Fee 1 Each $ CLIN 3007 Non-regular Transcription Services 25 Page $ CLIN 3008 Non-regular Transcription (OCONUS) 100 page $

CLIN 3009 ODC/Travel NTE $500.00 $500.00 Option Year 3 $

Option Year 4: May 20, 2021 – May 19, 2022

CLIN 4001 Transcription Services 20000 Page $ CLIN 4002 Transcription Services (OCONUS) 600 Page $ CLIN 4003 Transcription Services (Washington DC) 5000 Page $ CLIN 4004 Transcription Services (Video) 20000 Page $

CLIN 4005 Transcription Services (Telephone) 79000 Page $ CLIN 4006 Cancellation Fee 1 Each $ CLIN 4007 Non-regular Transcription Services 25 Page $ CLIN 4008 Non-regular Transcription (OCONUS) 100 page $

CLIN 4009 ODC/Travel NTE $500.00 $500.00 Option Year 4 $

SECTION C - STATEMENT OF WORK

Department of Labor Office of Workers’ Compensation Programs (OWCP) Division of Federal Employees’ Compensation (DFEC)

PART 1

GENERAL INFORMATION

1.0 BACKGROUND INFORMATION

The Department of Labor (DOL) Division of Federal Employees’ Compensation (DFEC), Office of Workers’ Compensation Programs (OWCP), Branch of Hearings and Review (Branch) is responsible for administering the Federal Employees’ Compensation Hearings and Review Program as authorized by 5 U.S. Code 8124 and 5 U.S. code 8128. It directs the Federal Employees’ Compensation Act (FECA) Hearings and Review Program in such a manner as to best ascertain the right of each claimant and to protect the interest of both the claimant and the Federal Government.

The FECA provides workers' compensation coverage to approximately three million federal and postal workers around the world for employment-related injuries and occupational diseases. The DFEC is responsible for the adjudication of FECA claims. The Branch is one of the appellate venues available to Federal employees who disagree with adverse decisions issued by the DFEC. If an appeal is timely requested, the Branch will grant an in-person oral or video hearing, or a telephone hearing to a claimant who wishes to exercise his or her appeal rights. If a review of the written record is preferred by the claimant, one will be granted if timely requested. For FY2016, the Branch processed approximately 6000 appellate requests.

1.1 OBJECTIVES

This Statement of Work (SOW) details work to be performed in support of the Branch recording of hearings. The Contractor shall provide verbatim transcription of all assigned hearings throughout the USA and its territories, and provide these transcripts to the Branch in a timely manner. The Contractor shall provide sufficient personnel, in number, training, experience and qualifications to perform the work described herein.

The Government anticipates work under this SOW shall be performed in numerous areas throughout the country, with roughly between 3000 and 3500 hearings being conducted per year. However, this is only an estimate. The Government anticipates over 20% of these reporting services will be required in the following cities (for which the Contractor shall provide local support). The following cities are not intended to be a comprehensive list of possible location for hearings; rather it is a summary of the most likely areas needing support:

Boston, MA Chicago, IL

New York, NY Philadelphia, PA San Francisco, CA Washington, DC

Hearings conducted in cities other than those listed above have been converted to telephonic hearings in the majority of circumstance; however, situations may arise on an ad hoc basis in other cities not listed that requiring hearings.

In addition this requirement includes telephonic hearings from the Contractor’s site at an average of 3300 per year.

1.2 CONTRACTOR TRAVEL:

The Contractor shall perform travel, as required, to attend hearings as necessary to perform the tasks described in this SOW. However, minimum travel is anticipated. All travel shall be consistent with the Federal Travel Regulations, FAR 31.205-46, and the limitations stated in the contract. All travel will be approved in advance by the COR.

1.3 QUALITY CONTROL:

The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this SOW. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor’s quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Plan is to be delivered with the Contractors’ proposal. After acceptance of the quality control plan the Contractor shall receive the contracting officer’s acceptance in writing of any proposed changes to the QC system.

1.4. QUALITY ASSURANCE:

The Government shall evaluate the Contractor’s performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).

1.5 TYPE OF CONTRACT: The Government anticipates the award of a single Indefinite Delivery, Indefinite Quantity (IDIQ) type contract. Task Orders will be issued as FFP.

The Contractor shall ensure adequate resources are dedicated to satisfy the requirements of task orders including, but not limited to, furnishing the necessary personnel, material, and services as required. In addition, inherent in providing these goods and services, the Contractor shall provide the supervision and management effort necessary for efficient and effective administration and control of work performed under the contract.

During the contract period, the Government shall place orders totaling a minimum of $1,000.00. This reflects the contract minimum for the entire period of performance, including any options. The contract maximum for the entire period of performance, including any options, shall be for the placement of orders totaling a maximum of TBD.

Other direct costs, such as travel shall be negotiated on a per task order basis.

The Contractor will be reimbursed in accordance with pricing section of each task order for satisfactory performance of the work.

1.6 SECURITY REQUIREMENTS:

Contractor personnel are required to conform to DOL's security and privacy requirements as described below.

1.6.1 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of DOL and other Government installations or Contractor facilities where work is performed under this Contract. This includes the safekeeping and display of a Government-provided photo ID badge for employees of the Contractor and any sub-contractors while these employees are in federally owned or leased property as described in Section 4, Place of Performance. The Contractor will ensure the security of all DOL property, building ID badges, key cards and standard keys issued to Contractor staff. For employees leaving the project permanently or for an extended period of time, the Contractor will return all badges, property, key cards, parking placards, and keys the same day the employees leave the project.

1.6.2 Background Investigations (as needed basis only)

DOL’s Enterprise Architecture data and work environment is considered sensitive but unclassified. DOL is required under the Homeland Security Presidential Directive (HSPD) 12 “Policy for a Common Identification Standard for Federal Employees and Contractors” to perform a National Agency Check with Inquiries (NACI) for Contractors. The NACI is a brief form of background investigation that is conducted through the Office of Personnel Management. This investigation will be conducted for Contractor staff assigned to this Contract. Contractor staff will be required to provide two forms of acceptable identification, provide a current photograph, and be finger-printed. Successful clearance is required for an employee to continue working under this Contract.

1.7 EMPLOYEE CONDUCT:

Contractor employees shall present a professional appearance at all times and their conduct shall not reflect discredit upon the United States and or the Department of Labor.

1.7.1 Removing Employees for Misconduct or Security Reasons: The Government, may, at its sole discretion, direct the Contractor to remove any Contractor employee from U.S. Department of Labor facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under any Contract awarded. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee.

1.7.2 Conflict of Interest: The Contractor shall not employ any person who is an employee of the United States Government if that employment would appear to cause a conflict of interest.

1.8 PHASE IN/PHASE OUT PERIOD:

Continuation of the Court Reporting Services is a critical concern during the transition of activities from an incumbent Contractor or vendor staff to the succeeding Contractor. Services are to be obtained in the most cost-effective manner and free of any potential conflicts of interest. The Contractor recognizes that the services prescribed under any resulting contract are vital to the Government and must be continued without interruption and that, upon contract expiration, a successor, either the Government or another Contractor, may continue to provide these services. To minimize any decreases in productivity and to prevent possible negative impacts on additional services, the Contractor shall have personnel on board, during the 30 day phase in/ phase out periods. During the phase in period, the Contractor shall become familiar with performance requirements in order to commence full performance of services on the contract start date.

1.8.1 PHASE IN PLAN: The Contractor shall provide a Phase In Plan at the time of proposal. The phase in plan shall include at a minimum, the status summary of all current projects to initiate performance, related materials; and date the full transition will be complete. The orderly and uneventful transition between the incoming Contractor and outgoing Contractor is vital to assure minimum disruption to Government services and related activities.

The Contractor shall not disrupt official Government business or in any way interfere with the assigned duties of the predecessor Contractor’s employees. The Contractor shall not under any circumstances, contact or conduct any discussions with the predecessor Contractor’s employees while they are on duty at this facility for the purpose of recruitment, scheduling or conducting interviews.

In an effort to facilitate a smooth operational information exchange, the incoming Contractor is required to:

• Revise/develop and implement a Phase In Plan

• Document and develop a baseline noting current Customer Satisfaction levels

• Request and receive a complete list of Government Standards, Guidelines and Standard

Operating Procedures, Service Level Agreements and Operating Level Agreements

1.8.2 PHASE OUT PLAN: Contractor shall provide Phase Out Plan that enables a smooth transition to replacement service with the contract ends.

PART 2

DEFINITIONS & ACRONYMS

CO – Contracting Officer

COR - Contracting Officer’s Representative: A representative from the requiring activity assigned by the Contracting Officer to perform surveillance and to act as liaison to the Contractor

Defective Service. A service output that does not meet the standard of performance associated with it in the Statement of Work.

DOL - Department of Labor

FAR – Federal Acquisition Regulation

OASAM – Office of the Assistant Secretary for Administration and Management

OMB - Office of Management and Budget

PIV - Personal Identity Verification

POP – Period of Performance

Quality Control - Those actions taken by a Contractor to control the performance of services so that they meet the requirements of the SOW.

Quality Assurance - Those actions taken by the Government to assure services meet the requirements of the Statement of Work.

SF – Standard Form

SOW – Statement of Work

PART 3

GOVERNMENT FURNISHED PROPERTY, EQUIPMENT, AND SERVICES

3.0: Government Furnished Property may be provided as below:

o “1-800” phone number for telephonic hearings

PART 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.0: Contractor Furnished Property may be provided as below:

o All standard court reporting equipment and supplies o Back-up standard court reporting equipment and supplies in case of defects, etc

PART 5

SPECIFIC TASKS

I. TASKS

1.0 Hearings:

1.1 The Contractor shall perform verbatim reporting, transcribing, and photocopying transcripts as required by BHR. These services shall be provided at various locations in the continental United States, Alaska, Hawaii and Puerto Rico. The Government anticipates providing at least thirty (30) day notice of hearings to the Contractor as “normal operations”, but in rare exceptions may provide less notice for telephonic hearings.

1.2 The Contractor shall provide all personnel, management, equipment, materials, and supplies necessary to perform verbatim reporting, transcribing and photocopying of hearing transcripts as assigned by BHR, except as described under Part 3 above, Government Furnished Property, Equipment and Services. The Contractor shall ensure that all assigned court reporters/stenographers perform all work in a business-like manner and according to the best standards of the reporting profession and the Contractor. The Contractor shall provide promptly at the time, date and place designated as many competent reporters/stenographers as is required, and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts. The Contractor agrees that, at a minimum, all assigned court reporters/stenographers shall:

o present himself/herself to the presiding official at the time and place of hearing designated.

o at all times be governed by instructions by the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.

o report everything spoken while a hearing is in session unless the presiding official directs an off-the record proceeding for which notes have been taken as required.

1.3 Hearings shall be recorded by reporters/stenographers using electronic recording devices, in addition to their physical presence at the hearing. The Contractor shall provide a back-up system to whichever primary recording method is used. When proceedings are recorded by an electronic recording device, it shall at a minimum:

o have two (2) channels.

o be continuously monitored by an operator.

o have simultaneous playback, listening pre-amplification and speaker identification capabilities.

o have an equipment malfunction indicator.

1.4 The Contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable Government standards. No transcripts shall be forwarded to the Government until the quality checks reveal full format conformance and freedom from error.

1.5 There are three types of oral hearings: face to face, video conference and telephonic hearings. The Contractor agrees that the assigned reporter/stenographer will: (1) meet, greet and escort various parties involved in the video conference from the building entrance to the hearing room and vice-versa;

(2) advise designated point of contact of Government –owned equipment difficulty; and (3) advise designated point of contact of start and finish time of hearing day.

1.6 In any instance where the Contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance of this contract, the Contractor shall immediately notify the COR. This notice shall include all relevant information and corrective actions that are being taken. The Government reserves the right to hold the Contractor fully accountable for problems incurred as a result of such delays, including denial of delivery time extensions, if such notification is not provided.

1.7 If, after notice of a proposed hearing, the Contractor does not appear at the time and place specified for the hearing, the COR will hold the Contractor responsible for finding a substitute for the hearing. The Contractor may be responsible for the reimbursement to the Department of Labor for any expenses over and above that which would have been incurred if the Contractor had performed in accordance with this Statement of Work. The Government may deduct such expenses from any other sums due or that may become due the Contractor.

1.8 The Contractor shall be fully responsible for all loss or damage to materials associated with this SOW while in the Contractor’s care and custody. The Contractor shall keep accurate records of the materials picked up from the Government or received from a claimant associated with a hearing or claim under the WHD. The listing shall include a list of materials, the status of the assignment and the case number assigned by the Government.

2.0 Re-Hearings

2.1 Should the Contractor cause the Government to re-hear any case or hearing or other proceeding, the Contractor shall provide the reporting services at that re-hearing at no cost to the Government. In addition, the Contractor shall be liable for all Government expenses, claimant expenses and attorney’s fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:

o Loss of original recordings, transcripts or photocopies.

o Failure of the Contractor’s court reporter/stenographer to appear, and a substitute cannot be obtained in sufficient time.

o Receipt of products by the Government in such poor condition as to be unusable.

o Attempted use of electronic recording equipment which does not conform to the requirements noted herein.

o Failure of the Contractor to deliver transcripts via electronic delivery within ten (10) business days after a hearing.

3.0 Deliverables:

3.1 Confirmation: The Government will provide, as much as possible, a monthly schedule of all hearings to the Contractor. Every Thursday, by 2:00pm, the Contractor will send an email to the COR to confirm that all hearings scheduled for the following week have been booked with court reporters/stenographers.

3.2 Hearing Documents: The Contractor shall send via secure electronic delivery (e-mail) (1) PDF copy of all recording, transcripts and photocopying to our designated hearing schedulers. All documents shall be prepared, proofread, quality checked and delivered to the COR no later than 4:45 p.m. five (5) business days after hearings held in Washington, DC and in the 48 contiguous states of the United States, and not later than 4:45 p.m. ten (10) business days after hearings held in Alaska, Hawaii, and Puerto Rico. These time frames begin on the first workday following the close of each hearing day.

3.3 Corrected Documents: The Contractor shall furnish complete reporting, recording, transcripts and photocopying which accurately reflect the full and complete verbatim record of the proceeding. Where errors attributable to the Contractor’s performance appear in the transcript (i.e., those which can obscure the meaning of the testimony, but not including typographical errors or misspelling, if the intended meaning is clearly evident, such as “thier” for “their” or “teh” for “the” etc.) the Government may require the Contractor to immediately correct such errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost to the Government.

3.4 ReHearing Documents: The Contractor shall send via secure electronic delivery (e-mail) (1) PDF copy of all recording, transcripts and photocopying to our designated hearing schedulers. All documents shall be prepared, proofread, quality checked and delivered to the COR not later than 4:45 p.m. ten (10) business days after hearings.

3.5 The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts. The Contractor shall advise the COR in advance, by specific case number only (no names, SSNs, etc), when timely delivery cannot be made, and when correction of deliver will be made.

4.0 Cancellation or Postponements of Hearing

4.1 If a notice of cancellation or postponement of a hearing is not received by the Contractor, from the Government, prior to 2:00 p.m. the business day proceeding the day of the schedule hearing, the Contractor may be entitled to a cancellation or postponement fee. This charge may be applied only once per location site, per day, when all hearings scheduled for that site have been cancelled.

5.0 Performance Requirements:

5.1 Performance Objective 1: Full Representation at all Hearings. The Contractor shall ensure adequate and prompt physical representation for all hearings assigned to support. Personnel shall be properly trained and have the necessary qualifications and experience to provide professional and comprehensive recording, transcription and photocopying services as described herein. Recording equipment shall be fully functional as described herein.

5.1.1 Performance Measurement for Performance Objective 1. No more than one (1) assigned hearing per year receives inadequate Contractor representation. All associated direct and indirect costs associated with re-hearings or Government actions necessary to overcome inadequate Contractor performance is fully reimbursable to the Government by the Contractor.

5.2 Performance Objective 2: Timely Delivery. The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing recordings, transcripts and photocopies. The Contractor shall advise the COR in advance, by specific case number, when timely delivery cannot be made, when delivery will be made, and what corrective actions the Contractor takes to alleviate similar future discrepancies.

5.2.1 Performance Measurement for Performance Objective 2. Less than one (1) percent of deliveries are late.

5.3 Performance Objective 3: Error-Free Deliverables. The Contractor shall ensure all deliveries of hearing recordings, transcripts and photocopies accurately reflect that which transpired at the hearing.

5.3.1 Performance Measurement for Performance Objective 3. Less than one (1) percent of recordings, transcripts and photocopies must be returned for correction by the Contractor. All corrections are made and items are re-delivered to the COR within five (5) days of notification of the need for correction.

6.0 Format of Transcripts:

6.1 All transcripts shall be typed with black record ribbon on white linen unglazed paper of good quality, special onion skin, substance #9, or similar stock, to be approved by the Contracting Officer. Paper shall be 8 ½ by 11 inches, with ruled margin of 1 ¾ “at the left side and ruled margin of 3/8” for the right side. A number indicating each line of transcript upon each page i.e.

1 to 25 inclusive, shall be printed at the left side of the left marginal line of the original and copies of the transcript.

6.2 Typing shall be 10 letters to the inch, 25 lines to the page, exclusive of pager number, with 2 single spaces between lines. Whenever testimony is continuous, requiring more than 1 line, the typing shall begin as close as possible to the left ruled marginal line. Words shall be properly hyphenated when necessary.

6.3 In the original and each copy of the transcript the cover page showing name, case number, place and date of hearing, appearances, etc. shall be followed by a page identifying the exhibits introduced by exhibit number and the page number of the transcript wherein it is introduced.

6.4 The paging of the transcript shall be in a single series by consecutive numbers regardless of the number of days consumed in the hearing, conference etc.

6.5 The original transcript and (2) copies shall be authenticated by the Official Reporter by a certificate page in the following form:

CERTIFICATION

I, (name of transcriber), hereby certify that the examination of the witnesses, as provided to me by (name of reporter), the Reporter in the within case, was reduced to writing by me, and that the transcript is a true record of the testimony given by the witnesses. I further certify that I am neither attorney, nor counsel for, nor related to or employed by, any of the parties in which this action is taken and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.

Transcriber

Name of Court Reporting Services

6.6 Covers for transcripts shall be typewritten, and in the form hereto attached

6.7 Retention of Notes and Transcripts:

6.8 The Contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under this contract, and typed plate made therefore, shall be file and held by the reported subject to authority and control of the Department of Labor for a period of one year.

PART 6

APPLICABLE PUBLICATIONS

REFERENCES, LAWS, REGULATIONS AND POLICIES

At a minimum, Contractor performance in accordance with the requirements herein shall fully comply with the following laws, regulations, policies and guidelines:

• Title III of the E-Government Act of 2002 — Federal Information Security Management Act

(FISMA)

• The Privacy Act of 1974, PL 93-579, as amended

• The Freedom of Information Act, PL 93-502

• The Federal Managers' Financial Integrity Act (FMFIA), PL 97-255

• OMB Circular A-130, Management of Federal Information Resources

• OMB Circular A-123 Revised, Management's Responsibility for Internal Control, December

• OMB Circular A-127, Financial Management Systems, July 23, 1993

• OMB Circular A-130, Appendix III, Security of Federal Automated Information Resources

• Homeland Security Presidential Directive 12, Policies for a Common Identification Standard for Federal Employees and Contractors

• Code of Federal Regulations (CFR)

• Title 29, U.S. Code, Section 508, Standards

• Department of Labor Acquisition Regulation (DOLAR)

• Department of Labor Manual Series (DLMS)

• Office of Procurement Services (OPS) - OPS Bulletins

• SDLCM Manual

• NIST Pubs

• PIV Manual

Internet Resources:

• Federal Business Opportunities (FBO) - "file://www.fedbizopps.gov"

• Business Partner Network (BPN) online reps. and certs. (ORCA) - "file://www.bpn.gov"

• Central Contractor Registration (CCR) - "file://www.ccr.gov"

• Excluded Parties Listing System (EPLS) - "file://www.epls.gov"

• Federal Acquisition Regulation (FAR) – file://www.farsite.hill.af.mil

• Department of Labor Wage Determination – www.wdol.gov file://www.farsite.hill.af.mil

TECHNICAL EXHIBIT 1

DELIVERABLE SCHEDULE

Deliverable Frequency # of Copies Medium/Format Submit To Verified Schedule Weekly (Thursday previous) Email COR

Transcription and Hearing Copy (Within Washington DC and 48 contiguous States)

5 Business Days

PDF/Email COR/hearing scheduler

Transcription and Hearing Copy (Outside Washington DC or the 48 Contiguous States)

10 Business Days

PDF/Email COR/hearing scheduler

Corrected Transcription and Hearing Copy , regardless of location

5 Business Days

PDF/Email COR

Re-Hearing Transcription and Hearing Copy, regardless of location.

10 Business Days

PDF/Email COR

Invoice 1 per month 1 Copy Email COR Invoice

1 per month 1 Copy MS Word or Excel Finance Office

(Block 18a on first page)

SECTION D – PACKAGING AND MARKING

This solicitation does not have applicable requirements to packaging and marking.

SECTION E – INSPECTION AND ACCEPTANCE

E.1 Inspection and Acceptance by the Government

The Government will review and verify that all services and deliverables meet the requirements and standards stated in the IDIQ, subsequent task orders and any associated modification(s).

E.2 Responsibility for Inspection and Acceptance

Inspection and acceptance of all services under this contract will be accomplished by the Contracting

Officer’s Representative (COR) designated on this contract. The COR will inspect and be responsible for, the review and acceptance of all deliverables under the contract. Acceptance of services will be in accordance with the SOW and at the sole discretion of the Government.

The COR shall notify the CO promptly if services are not received within the requirements of this SOW.

The contracting office, or the activity designated by the contracting office, shall be primarily responsible for collecting debts resulting from failure of the contractor to provide services under this contract.

SECTION F – DELIVERIES OR PERFORMANCE

F.1 PERIOD OF PERFORMANCE

The Government anticipates that the period of performance for the contract will consist of one (1) twelve (12) month Base Year, and four (4) twelve (12) month Option Years.

F.1.1.2 RECOGNIZED HOLIDAYS

The contractor is not required to perform services on the following holidays:

New Year’s Day Labor Day Martin Luther King Jr.’s Birthday Columbus Day President’s Day Veteran’s Day Memorial Day Thanksgiving Day Independence Day Christmas Day

F.1.1.3 HOURS OF OPERATION

Regular Time: The Contractor is responsible for conducting business, between the hours of 8:00 am to 6:00 pm (all time zones), Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings.

For other than firm fixed price contracts, the Contractor will not be reimbursed when the Government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this SOW when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

Non-Regular Time: The Contractor shall cover proceedings held between 6:00 p.m. and 8:00 a.m. (all time zones), Monday through Friday, and on Saturdays, Sundays and Government holidays. This coverage is known as Non-Regular Time and is rare.

The Contractor shall submit a completed copy of the Report of Non-regular Time at Scheduled Hearing, to the COR each time that the Contractor is required to work during non-regular time.

F.1.1.4 PLACE OF PERFORMANCE

The work to be performed under this contract will be performed on-site at hearing locations and/or off-site at contractor’s location.

F.2 PERFORMANCE/DELIVERY SCHEDULE

The delivery schedule will be identified at the task order level.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 CONTRACTING OFFICER

The Contracting Officer for the contract is:

The Office of Procurement Services Department of Labor 200 Constitution Avenue, N.W.

S-4307 Washington, D.C. 20210

G.2 CONTRACTING OFFICER’S REPRESENTATIVE

(a) A COR will be designated at time of award.

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

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

A COR is not authorized to direct any action that results in a change in the scope, price, terms or conditions of this contract.

G.3 TECHNICAL DIRECTION

Performance of the work under this contract shall be subject to the technical direction of the COR. The term “technical direction” is defined to include, without limitation, the following:

• Directions to the Contractor which redirect the contract effort, shift work emphasis between work areas or tasks, require pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish the contractual Work Statement.

• Provision of information to the Contractor, which assists in the interpretation of drawings, specifications, or technical portions of the work description.

• Review and, where required by the contract, approval of technical reports, drawings, specifications, and technical information to be delivered by the Contractor to the Government under the contract.

Technical direction must be within the general Scope of Work stated in the contract. The COR does not have the authority to make any changes to the contract and may not issue any technical direction which:

• Constitutes an assignment of additional work outside the general Scope of Work of the contract.

• Constitutes a change as defined in the applicable contract clause entitled: FAR 52.243-2

“Changes - ” (AUG 1987) – Alternate 1 – (APR 1984); FAR 52.243-1 “Changes - Fixed Price” (AUG 1987) – Alternate 1 (APR 1984); or 52.243-3 “Changes – Time and Materials-Labor Hours”

(SEP 2000).

• Changes any of the expressed terms, conditions, or specifications of the contract.

All technical direction shall be issued in writing by the COR or shall be confirmed by him/her in writing within 5 working days after issuance.

If, in the opinion of the Contractor, any instruction or direction issued by the COR is not within one of the categories as defined above, the Contractor shall not proceed but shall notify the Contracting Officer) in writing within 5 working days after the receipt of any such instruction or direction and shall request the CO to modify the contract, accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate contract modification or advise the Contractor in writing that, in his/her opinion, the technical direction is within the scope of this contract. The Contractor shall proceed immediately with the instructions or directions and shall be subject to the provision of the contract clause entitled “Disputes.”

G.4 DOL 2014-01 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)

INVOICING PROCEDURES:

1). Electronic PDF/TIFF Invoice Submittal

In an effort to support the eCommerce initiative and expedite vendor payment processing, the DOL requires invoices to be submitted electronically.

The contractor shall:

a. Address the invoice to the appropriate e-mail address specified above.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Wait for either a success or failure e-mail response, regarding the invoice e-mail, before sending in another e-mail with the same invoice attachment.

The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages).

However, if the invoice exceeds this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information,…