Solicitation_-_1605DC-17-R-00010.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OPS

S4307 200 Constitution Ave, NW Office of Procurment Services US Department of Labor

CODE 16. ADMINISTERED BYCODE

X

X

561492

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

07/17/2017 1700 ES

06/16/2017

202-693-7161JAMES JOHNSON

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

1605DC-17-R-00010

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 85 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210

TELEPHONE NO.

17a. CONTRACTOR/

15. DELIVER TO

Washington DC 20210 S-4307 200 Constitution Ave, NW Office of Procurement Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

$15.00

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Solicitation issued to procure an enterprise wide, multiple award, Blanket Purchase Agreement (BPA) for Court Reporting, Transcription, and Stenography Services (CRTSS) to support the Department of Labor (DOL) National Office, and all six (6) DOL Regional Offices.

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

Jubner J. Severe

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

85 2 of

PART I – THE SCHEDULE

SECTION A – SF 1449

SECTION B – PRICE/COSTS

B.1 General

The contractor shall provide all personnel, services, equipment, materials, facilities, supervision, other items and non-personal services necessary to provide Court Reporting, Transcription and Stenography Services (CRTSS) for depositions and hearings Nationwide as required by the U.S Department of Labor (DOL) National Office in Washington, DC, and six (6) Regional Offices (DOL-NRO) as defined in the Performance Work Statement (PWS) except as specified in Part 3, Government Furnished Property, Equipment, and Services. The contractor shall perform to the standards specified in this PWS.

This enterprise wide, multiple award, Blanket Purchase Agreement (BPA) shall be a Hybrid procurement vehicle containing Firm Fixed Price (FFP), Labor Hour (LH), and Cost Reimbursable Contract Line Item Numbers (CLINs).

Call Orders may be issued as Firm Fixed Price (FFP), Labor Hour (LH), or as a Hybrid consisting of any combination of FFP, LH, or Cost Reimbursable CLINs in accordance with Federal Acquisition Regulation (FAR) Subpart 13.303. Call Orders will be issued in accordance with the procedures set forth in Sections C, G, H, and I.

B.2 Period of Performance

The term of this multiple award (MA) BPA shall be for five (5), one (1) year Ordering Periods. This is not a multi-year BPA as defined in FAR Subpart 17.1.

Individual Call Orders will be placed against the multiple award BPA as the needs arise.

B.3 BPA Pricing

B.3.1 Pricing

All Call Orders issued will be issued based on the CLIN prices contained in the BPA except for unknown efforts / work to be executed under the “Special Tasks” CLIN.

(a) Other Direct Costs (ODCs) – Travel. Call Order related travel costs to include travel, lodging and meals, are reimbursable in accordance with FAR 31.205-46. No contractor travel shall be conducted to support the requirements of Call Order’s without advance written approval from the Call Order Contracting Officer’s Representative (COR).

B.3.1.1 Firm Fixed Price (FFP) Type Call Orders

Firm Fixed Price (FFP) Type Call Order Pricing:

The price for each FFP CLIN shall be defined by multiplying the number of Units required by the Unit Price.

The total FFP Call Order price shall be defined by adding the total price for each FFP CLIN, plus any ODCs.

The Call Order CLIN range is as follows:

Base Ordering Period: CLIN 0001 through CLIN 0015 Ordering Period One: CLIN 1001 through CLIN 1015 Ordering Period Two: CLIN 2001 through CLIN 2015 Ordering Period Three: CLIN 3001 through CLIN 3015 Ordering Period Four: CLIN 4001 through CLIN 4015

B.3.1.2 Labor Hour (LH) Type Call Orders

Labor Hour (LH) Type Call Order Pricing:

In accordance with FAR 52.216-31, Time-and-Materials/Labor-Hour Proposal Requirements— Commercial Item Acquisition:

For each T&M “Special Tasks” CLIN, the Contractor shall specify separate fixed hourly rates in its offer that include wages, overhead, general and administrative expenses, and profit for each labor category to be performed by—

(1) The Contractor;

(2) Each subcontractor; and

(3) Each division, subsidiary, or affiliate of the Contractor under a common control.

The Labor Hour Call Orders shall be composed of ANY COMBINATION of the LH CLINs, and any required cost reimbursable CLIN(s).

The ceiling price for purposes of FAR 52.232-7, Payments Under Time and Materials or Labor Hour Contracts, is the sum total not-to-exceed ceiling price amount for all T&M BPA line items combined (not including optional line items that have not been exercised) for the current year of the contract.

In performing the order, the contractor is authorized to vary the quantity of labor hours performed between the labor categories set forth in this order, subject to the approval of the COR, and provided the total amount of labor performed and invoiced in aggregate does not exceed the total funded amount for labor or the total not-to-exceed ceiling price amount for labor, whichever is lower. The individual quantities shown in the order for each labor category CLIN are estimates only. For purposes of this clause, “total funded amount” and “total not-to-exceed ceiling price amount” refer to the amounts applicable to the current BPA period being performed by the contractor. For example, when performing Ordering Period One, the contractor shall not exceed the total funded amount or total not-to-exceed ceiling price amount for labor. The total is calculated by summing the extended price and funded amounts for all labor line items combined for Ordering Periods.

Unexpended hours and ceiling price amounts from prior or future BPA years will not carry over or be applied to the current year. Any variance to the hours performed by the contractor within the parameters of this clause are authorized and do not require a modification to the contract.

The contractor is authorized to incur and bill up to the Not-to-Exceed (NTE) ceiling price amounts of Other Direct Costs (ODCs), or the funded amounts for ODCs, whichever is lower, stated on the order for the applicable BPA year .

Funding and ceiling shall not be intermingled between Labor and ODCs.

The Department of Labor (DOL) Office of the Chief Financial Officer (OCFO) is authorized to make payments against the contractor’s invoices based on actuals, including any variances in labor hours, as long as the variance does not result in the contractor exceeding the total funded amounts and total not-to-exceed ceiling price amounts as described above.

B.4 CLIN Pricing

Call Order CLIN pricing will be based on the BPA CLIN prices.

B.4.1 CLIN Structure

The Contract Line Item Number (CLIN) structure is designed to provide consistency across all the CRTSS BPAs.

B.5 PRICING GUIDANCE

B.5.1 Coverage of Hearings: Set Equals an Original Page of Transcript Plus Two (2) Photocopies and Bound Exhibits

Prices to the Government shall include all licenses, permits, recording, transcribing, postage or other transportation charges required to deliver the required number of transcripts (original and two (2) copies), original bound exhibits, and duplicate bound exhibits to the destination(s) stated herein.

Nothing in this BPA shall be interpreted as permitting the contractor to use penalty privilege for mailing free of postage, transcripts, exhibits, letters, supplies, etc. throughout the life of this contract.

B.5.2 Price Per Set for Coverage of Hearings During Non-Regular Time

The Contractor shall receive 150% of the BPA price as the price per set for coverage of hearings during Non-Regular Time. Non-Regular Time applicability for each day shall be computed by dividing the number of hours worked outside Regular Time hours by the total number of hours worked, and applying that percentage to the total number of pages—on the original copy only.

Non-Regular Time is defined as coverage of proceedings held between 6:00 p.m. and 8:00 a.m., Monday through Friday, and on Saturdays, Sundays, and Government holidays in the Time Zone in which either the hearing is held, or in the case of a remote hearing (i.e., teleconference), the Time Zone where the hearing representative is presiding.

B.5.3 Price Per Set for Less Than Full Pages

The Contractor shall not charge for transcript pages which are less than 13 lines in length; all longer pages will be paid for as full pages.

B.5.4 Cancellation Notice Fee

This charge may be applied only once per day per hearing site per presiding official. The Contractor shall be entitled to a cancellation fee of $200 only where:

a. An entire day of hearing(s) is canceled, and;

b. No hearings are held on that date at that hearing site, and;

c. Notice of cancellation has not been given to the Contractor before 12:00 p.m. on the business day preceding the date of the hearing(s). The cancellation notification of an entire day of hearing(s) by the Government can be made by e-mail, fax, mail, or orally to the Contractor.

Notification by the presiding Administrative Law Judge to the assigned Court Reporter at the hearing site shall be deemed as notice to the Contractor.

B.5.5 Fixed Minimum Fee

In the event that the charges resulting from billing for all hearings conducted and transcribed at the same hearing site, on the same day, and with the same presiding official total less than $200.00; the Government shall pay $200 as a fixed minimum fee for that day’s hearings with no additional charges to be paid for any other hearings conducted or canceled that day.

In the event that an entire day’s hearing(s) was canceled and there was no testimony or argument or any other matter heard on the record, the Contractor understands and agrees that they are not entitled to the $200 fixed minimum fee. The Contractor may receive the $200 cancellation fee only if the provisions of Paragraph B.5.4 are met (see above).

B.5.6 Pricing Schedule

Base Ordering Period

ITEM DESCRIPTION UNIT HEARINGS

UNIT PRICE

DEPOSITIONS

UNIT PRICE

0001 Regular Order (14-Calendar Days Delivery)

Page

0002 Expedited Order (7-Calendar Days)

Page

0003 Overnight Order (Delivery by 9:30 a.m. Next Business Day)

Page

0004 Paper Original (Bound and Stamped Original)

Page

0005 Miniscript (Four (4) Pages of text reduced to one(1) page of paper)

Each

0006 Additional Copy of Transcript Page

0007 Copy of Exhibit (Color or B&W) Page

0008 Copy of Oversized Exhibit Page

0009 CD ROM – Certified Transcript in Adobe Acrobat

Each

0010 Cancellation Each

0011 Real Time Reporting Page

0012 Real Time Reporting (Video) Page

0013 Real Time Reporting (Telephone) Page

0014 Delivery Cost Each Transcript

0015 Travel Expenses USD

Ordering Period One

ITEM DESCRIPTION UNIT HEARINGS DEPOSITIONS

UNIT PRICE UNIT PRICE

1001 Regular Order (14-Calendar Days

Delivery) Page

1002 Expedited Order (7-Calendar Days)

Page

1003 Overnight Order (Delivery by 9:30 a.m. Next Business Day)

Page

1004 Paper Original (Bound and Stamped Original)

Page

1005 Miniscript (Four (4) Pages of text reduced to one(1) page of paper)

Each

1006 Additional Copy of Transcript Page

1007 Copy of Exhibit (Color or B&W) Page

1008 Copy of Oversized Exhibit Page

1009 CD ROM – Certified Transcript in Adobe Acrobat

Each

1010 Cancellation Each

1011 Real Time Reporting Page

1012 Real Time Reporting (Video) Page

1013 Real Time Reporting (Telephone) Page

1014 Delivery Cost Each Transcript

1015 Travel Expenses USD

Ordering Period Two

ITEM DESCRIPTION UNIT HEARINGS

UNIT PRICE

DEPOSITIONS

UNIT PRICE

2001 Regular Order (14-Calendar Days Delivery)

Page

2002 Expedited Order (7-Calendar Days)

Page

2003 Overnight Order (Delivery by 9:30 a.m. Next Business Day)

Page

2004 Paper Original (Bound and Stamped Original)

Page

2005 Miniscript (Four (4) Pages of text reduced to one(1) page of paper)

Each

2006 Additional Copy of Transcript Page

2007 Copy of Exhibit (Color or B&W) Page

2008 Copy of Oversized Exhibit Page

2009 CD ROM – Certified Transcript in Adobe Acrobat

Each

2010 Cancellation Each

2011 Real Time Reporting Page

2012 Real Time Reporting (Video) Page

2013 Real Time Reporting (Telephone) Page

2014 Delivery Cost Each Transcript

2015 Travel Expenses USD

Ordering Period Three

ITEM DESCRIPTION UNIT HEARINGS

UNIT PRICE

DEPOSITIONS

UNIT PRICE

3001 Regular Order (14-Calendar Days Delivery)

Page

3002 Expedited Order (7-Calendar Days)

3003 Overnight Order (Delivery by Page

9:30 a.m. Next Business Day)

3004 Paper Original (Bound and Stamped Original)

Page

3005 Miniscript (Four (4) Pages of text reduced to one(1) page of paper)

Each

3006 Additional Copy of Transcript Page

3007 Copy of Exhibit (Color or B&W) Page

3008 Copy of Oversized Exhibit Page

3009 CD ROM – Certified Transcript in Adobe Acrobat

Each

3010 Cancellation Each

3011 Real Time Reporting Page

3012 Real Time Reporting (Video) Page

3013 Real Time Reporting (Telephone) Page

3014 Delivery Cost Each Transcript

3015 Travel Expenses USD

Ordering Period Four

ITEM DESCRIPTION UNIT HEARINGS

UNIT PRICE

DEPOSITIONS

UNIT PRICE

4001 Regular Order (14-Calendar Days Delivery)

Page

4002 Expedited Order (7-Calendar Days)

Page

4003 Overnight Order (Delivery by 9:30 a.m. Next Business Day)

4004 Paper Original (Bound and Stamped Original)

Page

4005 Miniscript (Four (4) Pages of text reduced to one(1) page of paper)

Each

4006 Additional Copy of Transcript Page

4007 Copy of Exhibit (Color or B&W) Page

4008 Copy of Oversized Exhibit Page

4009 CD ROM – Certified Transcript in Adobe Acrobat

Each

4010 Cancellation Each

4011 Real Time Reporting Page

4012 Real Time Reporting (Video) Page

4013 Real Time Reporting (Telephone) Page

4014 Delivery Cost Each Transcript

4015 Travel Expenses USD

SECTION C – DESCRIPTION OF SERVICES AND

SUPPLIES/PERFORMANCE WORK STATEMENT (PWS):

All tasks and deliverables will be fully defined in each individual Call Order placed against the resultant BPA Contract.

C. SCOPE OF WORK

The Contractor shall provide verbatim stenographic reporting services in support of the DOL for any designated region throughout the United States. The Contractor shall furnish such services as required by the DOL for a region as outlined in this BPA (See Attachment I). Hearings are scheduled by the DOL REGIONAL OFFICES, National Office, seven (7) District Offices, as well as any DOL procurement activity (See Attachment II). Hearing locations are selected with due regard for the convenience of the parties and the witnesses. Some statutes and regulations provide specific requirements for locations of hearings near the claimant's or complainant's residence. For this reason the delineations of the four regions cover the entire continental United States as well as some outer continental locations (See Attachment I). The Contractor shall furnish such services in the form of a transcript of these hearings. Transcripts shall conform strictly to DOL REGIONAL OFFICES format and guidelines (See Attachment IV).

The accuracy and timeliness of transcripts provided by the contractor is vital to the accomplishment of the mission of the DOL REGIONAL OFFICES which is to render fair and equitable decisions under the governing law and the facts of each case.

Infrequently, estimated at approximately 8 hearing sites per year per region, the contractor may be required to setup equipment provided by DOL REGIONAL OFFICES which is estimated to consist of four (4) cameras connected to a controller that is plugged into a telecommunications network.

Procedures will be provided by DOL REGIONAL OFFICES along with a POC at DOL REGIONAL OFFICES for the Contractor to utilize to help troubleshoot issues. This service is anticipated as a future need of the agency.

C.1 REQUIREMENTS

C.1.1 COURT REPORTING TRANSCRIPTION REQUEST PROCESS

Hearings are scheduled with the parties involved through a Notice of Hearing usually 30-120 days in advance of the hearing. A copy of this Notice of Hearing will be e-mailed, faxed, or mailed to the Contractor’s Office in the Region within one week of the notice to the parties. It is the Contractor’s responsibility to maintain these Notices of Hearings as the initial ordering of work. The content of the Notice will vary by case and Judge.

a) Every week, the Contractor is to call the contact person designated in each office within the DOL Program Office (contact list to be provided at the issuance of the contract), or his/her alternate, and review hearing(s) scheduled for the next week. These weekly contacts will provide the most current information concerning changes in hearing schedules, dates, times, places, cases to be heard, and what has been canceled. In those instances where a Notice of Hearing has not been issued, or not received by the Contractor, the DOL Program Office, through its contact person or alternate may order the work from the Contractor orally at this time. The DOL Program Office reserves the right to order additional work at least one work day prior to the hearing.

b) The Order for work shall schedule hearings on specific dates and scheduled times when the Court Reporter will be required. The DOL Program Office will make best efforts to hear the cases at the times scheduled; however, the Government has the authority to change times with notice given to the court reporter at or before the hearing, within the same day, without incurring additional charges. Where possible, cases will be scheduled for specific dates and times for individual hearings; however, the DOL Program Office may also schedule a number of cases to be heard on one date and time in what is referred to as a calendar call. At the calendar call, cases will be scheduled by the presiding Administrative Law Judge, Hearing Representative, or other appropriately designated individual for the remainder of that same week. The case(s) may also be heard at that time, the case(s) may settle, or the case(s) may be continued to a later hearing trip. The presiding Administrative Law Judge shall give notice to the Contractor’s assigned court reporter at the calendar call hearing of the ordering of work for the remainder of the week. Notice to the court reporter shall constitute notice to the Contractor for all purposes under this Contract.

c) If during the hearing it is determined that services for more hearing day(s) than were originally ordered is required, the work shall be ordered either by the presiding Administrative Law Judge, Hearing Representative, or other appropriately designated individual through notice to the Contractor’s assigned court reporter at the hearing, or it may be ordered by the DOL Program Office orally or by e-mail, mail, or fax to the Contractor.

d) The completion of an order by delivery of a transcript(s), is due within fourteen (14) calendar days after the hearing UNLESS otherwise requested by the COR or Alternate COR. The latter request will likely occur if an expedited transcript is required. Further, if some time other than fourteen (14) calendar days delivery has been requested by a DOL Program Office employee other than the COR, it is the Contractor’s responsibility to call or e-mail the COR or Alternate COR and receive the COR’s or Alternate COR’s approval for the order.

e) There is no limit on the number of orders that may be issued by a DOL Program Office.

f) Orders requested during the period of performance of this BPA shall be completed even if the BPA has expired prior to completion of the assigned work, except if the Government cancels the work that was ordered.

g) All orders are subject to the terms and conditions of this BPA. In the event of conflict between an order and this BPA, the BPA provisions shall control.

C.1.2 SUBSTITUTION OF CASES AND JUDGES

The Government may substitute one case for another case for hearing on the same date at the same hearing site without notifying the Contractor and without incurring cancellation fees (see below under Incentive Strategies). A substitution under this provision may be at a different time than the originally scheduled case on that same day.

The Government may also substitute one judge for another judge scheduled for hearing on that same date and same hearing site without notifying the Contractor and without incurring cancellation fees.

C.2 DELIVERABLES

C.2.1 TRANSCRIPTS

The Contractor shall furnish complete transcripts which accurately reflect the full and complete verbatim record of the proceeding (see Attachment IV). All deliverables shall be properly packed and packaged so as to avoid damage in transit. Where errors attributable to the Contractor's performance appear in the transcript (i.e., those which change or 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 Department of Labor may demand and the Contractor shall correct the errors and furnish the corrected transcript within five (5) calendar days after receipt of notification and without additional cost of any kind to the Department for the same, regardless of the delivery time of the original order specified. Further, in the event the presiding official finds one or more copies of transcripts to be illegible, including copies sold to parties to the proceedings or the public, the Contractor shall correct and replace the same with acceptable copies within one (l) business day after receipt of notification from the presiding official and without additional cost for such replacement.

C.2.2 REVIEWS AND QUALITY CHECKS

The Contractor shall provide reviews and quality checks necessary to ensure that the transcripts conform to the requirements of this contract.

The reviews and quality checks shall be conducted by Contractor staff members. The reviews and quality checks shall not be conducted solely by using software or other electronic review technology.

No transcripts will be forwarded to the Government until the quality checks reveal full format conformance, clarity, and freedom from error (see Appendix One).

C.2.3 MONTHLY ISSUE REPORT

Required Monthly Issue Report to the COR via email. This report will address any new or outstanding issue(s) and the contractor’s response to resolving them and preventing reoccurrence. It dovetails well with the BPA Discrepancy Report that the COR uses for like concerns (see the Quality Assurance Surveillance Plan (QASP) in Appendix One).

C.3 TIME PERMITTED FOR COMPLETION OF ASSIGNMENTS

The Contractor shall deliver the transcripts, copies, and exhibits (as specified in Section V below) not later than fourteen (14) calendar days after the close of the deposition, hearing, pretrial conference, or other proceeding. The fourteen (14) calendar day period begins on the first workday following the closing of the hearing.

Whenever a hearing continues for more than one day, and there is no continuance, recess or adjournment for five (5) or more workdays, the last day of the hearing shall be used to determine the day for delivery of the entire transcript, including exhibits.

Whenever a hearing is continued, recessed or adjourned for a period of five (5) or more workdays, that portion of the hearing held prior to such continuance, recess or adjournment shall be considered closed for the purpose of computing time for delivery.

A case delivery day ends at the close of business hours of the office where the transcript and exhibits are to be delivered. Failure of the Contractor to deliver transcripts and exhibits on the same delivery date shall deem a transcript to be "Delayed".

C.4 PLACE OF DELIVERY (Referenced here and subject to change in each respective Call Order)

The Contractor shall deliver the transcripts and exhibits in accordance with the following:

Black Lung Act (BLA):

a) For proceedings conducted under the BLA, BLB, BLO, BMO, and BTD the original transcript, the original exhibits, and a CD Rom if requested, shall be delivered to the Administrative Law Judge who presided at the hearing.

b) One copy of the transcript and the exhibits shall be delivered to:

District Director, U.S. Department of Labor

Office of Workers’ Compensation Programs

Division of Coal Mine Workers’ Compensation

Room C3521

200 Constitution Avenue N.W.

Washington, D.C. 20210

c) Another copy of the transcript and exhibits shall be delivered to the Office of the Solicitor based on the state in which the hearing was held (refer to Attachment IV).

For proceedings conducted under the whistleblower statutes:

Aviation Investment and Reform Act (AIR)

Clear Air Act (CAA)

Comprehensive Environmental Response, Compensation and Liability Act (CER)

Consumer Financial Protection Act of 2010 (CFP)

Energy Reorganization Act (ERA)

FDA Food Safety Modernization Act (FDA)

Federal Rail Safety Act (FRS)

National Transit Systems Security Act (NTS)

Pipeline Safety Improvement Act of 2002 (PSI)

Safe Drinking Water Act (SDW)

Sarbanes-Oxley Act (SOX)

Surface Transportation Assistance Act (STA)

Solid Waste Disposal Act (SWD)

Toxic Substances Control Act (TSC)

Water Pollution Control Act (WPC)

d) The original transcript plus one copy, the original exhibits, and a CD Rom shall be delivered to the Administrative Law Judge who presided at the hearing.

e) A copy of the transcript and exhibits shall be sent to the Solicitor attorney of record who attends the hearing or specifically requests a copy directly from the court reporter within a week of the hearing.

Longshore and Harbor Workers’ Compensation Act (LHC) & Defense Base Act Cases (LDA):

a) For proceedings conducted under the LHC, the original transcript plus one copy, the original exhibits, and a CD Rom if requested, shall be delivered to the Administrative Law Judge who presided at the hearing.

b) A copy of the transcript and exhibits shall be sent to the Solicitor attorney of record who attends the hearing or specifically requests a copy directly from the court reporter within a week of the hearing.

All other case types:

a) For proceedings conducted under all other statutes, the original transcript plus one copy, the original exhibits, and a CD Rom shall be delivered to the Administrative Law Judge, Hearing Representative, or other appropriately designated individual who presided at the hearing.

b) A copy of the transcript and exhibits shall be sent to the Solicitor Attorney of Record, Authorized Representative, or other appropriately designated individual who attends the hearing or specifically requests a copy directly from the court reporter within a week of the hearing.

NOTE: The Administrative Law Judge may reside in any one of eight offices around the country.

C.5 INITIAL MEETING/CONFERENCE CALL WITH DOL

The Contractor’s key project staff for each region shall meet or have a conference call with DOL staff within one (1) week of the date of award of each Call Order to discuss the start of services. The specific focus will be to discuss the tasks, time frames for completion, data required by Contractor, and any security requirements.

C.6 SECURITY REQUIREMENTS:

To ensure the proper safeguards will be provided when classified materials or subjects are involved, the Contractor shall, whenever required, comply with such security checks concerning the Contractor, employees, subcontractors, and the employees of the subcontractor.

C.6.1 PRIVACY

a) The contractor shall hold inviolate and in the strictest confidence any and all information of an official character which he/she may gain in the performance of his/her duties under this contract. Also, the Contractor, his/her agents, or employees, shall not, during this BPAwith the Government, hold any position or official relationship with any participants of the proceedings.

b) The Contractor understands and agrees that the recordings and transcripts, and the contents thereof, are not available to the public, because they are protected by the Privacy Act of 1974, 5 U.S.C. 522.

C.6.2 RESTRICTIONS AGAINST DISCLOSURE – DEPARTMENT WIDE

(a) The Contractor agrees, in the performance of this contract, to keep the information gathered or analyzed in the course of this BPAin the strictest confidence, said information being the sole property of the Government. The contractor also agrees not to publish, reproduce, or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so and shall protect such information in accordance with provisions of the following laws and any other pertinent laws and regulations governing the confidentiality of sensitive information: 18 U.S.C.

641 (Criminal Code: Public Money, Property or Records).

(b) The Contractor shall take such reasonable measures as are necessary to restrict access to such information, while in its possession, to those employees needing such information to perform the work, i.e., on a “need to know” basis, and shall immediately notify, in writing, the Contracting Officer’s Representative named herein, in the event that he determines or has reason to suspect a breach of this requirement.

(c) The Contractor agrees that it will not disclose any information concerning the work under this BPA to any persons or individuals unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any agreement or sub BPA hereunder.

C.6.3 TREATMENT OF CONFIDENTIAL INFORMATION

Any data that is generated or obtained during BPA performance shall be considered confidential by the Contractor and shall not be disclosed to anyone with the prior written approval of the COR. Nor shall any data be used for any other purpose except in connection with this contract. Any data generated or obtained during BPA performance shall be delivered to the Government at the request of the Contracting Officer.

(a) In the course of BPA performance, any information to which the contractor may have access and/or information which is generated by the Contractor in the Performance of this BPA shall be considered confidential information.

(b) The contractor and any subcontractor with access to this information shall:

a. Use the confidential information only for the purposes of carrying out the work required by the contract;

b. Not disclose the information to anyone without the prior written approval of the COR; and

c. Destroy or return to the COR all copies of the information, and any abstracts or excerpts there from, upon request by the Contracting Officer, whenever the information is no longer required.

d. The Contractor agrees that these BPA conditions concerning the use and disclosure of confidential information are included for the benefit of and shall be enforceable by the Government.

e. The Contractor agrees to include these provisions in all subcontracts awarded, pursuant to this contract, that require the furnishing of confidential information to the subcontractor.

C.6.4 PROTECTION OF PERSONS AND PROPERTY

a) Contractor Employees/Property

The Contractor shall be responsible for the safety and health of their employees. The Government will not be responsible in any way for damage to the Contractor’s supplies or materials, or the Contractor’s employee’s personal belongings brought into the building, occasioned by fire, theft, and accident or otherwise.

b) Protection of Government Property

If due to the fault, negligence (whether of action or omission) and/or dishonesty of the Contractor or its employees, any Government owned or controlled property is lost or damaged, the Contractor shall be responsible to the Government for such loss or damage. The Government, at its option, may require the Contractor to replace at his/her own expense, all property lost or damaged.

c) Protection of Material

The Contractor shall be absolutely responsible for all loss or damage to recordings and/or transcripts whether by theft, accident, or otherwise, while said recordings and/or transcripts are under the Contractor’s care and custody.

C.6.5 SAVE HARMLESS AND INDEMNITY AGREEMENT

a) Responsibility for Government Property. The Contractor assumes full responsibility for and shall indemnify the Government against any and all loss or damage of whatsoever kind and nature to any and all Government property, including any equipment, supplies, accessories, or parts furnished, while in its custody and care for storage, repair, or services to be performed under the terms of this contract, resulting in whole or in part from the negligent acts of the Contractor, any Subcontractor, or any employee, agent, or representative of the Contractor or Subcontractor.

b) Hold Harmless and Indemnification Agreement. The Contractor shall save and hold harmless and indemnify the Government against any and all liability and claims and costs of whatever kind and nature for injury to or death of any persons and for loss of damage to any property occurring in connection with or in any way incidental to or arising out of the occupancy, use, service, operation, or performance of work under the terms of this BPA resulting in whole or in part from the negligent acts or omissions of the Contractor, any Subcontractor, or any employee, agent, or representative of the Contractor or Subcontractor.

c) Contractor/Employee’s Property. The Contractor shall be responsible for the safety and health of its employees. The Government will not be responsible in any way for damage to the Contractor’s supplies or materials, or to the Contractor’s employees’ personal belongings brought into the building, occasioned by fire, theft, accident, or otherwise.

C.6.6 LOSS OR DAMAGE

The Contractor shall be responsible for all loss or damage to materials while said materials are under its care and custody.

C.7 WARRANTY AGAINST DUAL COMPENSATION

The contractor warrants that no part of the total BPA amount provided herein shall be paid directly or indirectly to any officer or employee of the U.S. Department of Labor as wages, compensation, or gifts for acting as an officer, employee, subcontractor or consultant to the Contractor in connection with the work or performance required under this contract.

C.8 PERMITS AND LICENSES

The Contractor, at their own expense, shall obtain and maintain the necessary permits, franchises, licenses, and other authorizations and certifications required for lawfully performing the services required under this contract.

C.9 NOTICE TO GOVERNMENT OF DELAY

Whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this contract, the Contractor shall, within ten (10) days of attaining that knowledge, give notice thereof, including all relevant information with respect thereto, to the Contracting Officer and the COR. The Government reserves the right to deny a time extension if such notification is not provided.

C.10 LISTING OF CASES

The contractor shall keep accurate records of the materials picked up from the Government. The listing shall include the status of the job and the case number assigned by the Government.

C.11 COMPLIANCE WITH APPLICABLE LAWS

In the performance of this contract, the Contractor shall comply with and given all stipulations and representations required by any applicable Federal, State, Municipal, or local laws or Executive

Orders, or any applicable rules, orders, regulations, or requirements of any Government department or bureau, but nothing contained herein shall be considered as preventing the Contractor from contesting in good faith and in a legally prescribed manner the validity of such laws, rules, orders, regulations, or requirements or any charge that the Contractor has not complied therewith.

C.12 ETHICAL RESPONSIBILITIES AND TERMINATION

a) The contractor shall hold inviolate and in the strictest confidence any and all information of an official character which he/she may gain in the performance of his/her duties under this agreement. The contractor shall not divulge, sell, or distribute any information gained at a hearing, except as authorized by the presiding official.

b) Further, the Contractor is responsible for all loss and damage, whether by theft, accident, or otherwise, to equipment, notes and tapes under its care and custody.

c) Nothing in this BPA construes DOL Program Offices to abrogate these performance requirements or to permit the Contractor to fail to perform or to delay in performing any duties or responsibilities under this contract. Failure of the Contractor to appear at a proceeding, late arrival to a proceeding or failure to deliver in accordance with the specified period of time for the kind of delivery ordered is a default, and potentially subjects the Contractor to the default provisions of this agreement & FAR clause 52.249-8, entitled "DEFAULT". In the case of default, the CO reserves the right to obtain reporting services from other available sources. The Contractor then becomes liable for all loss, damage, expenses, or excess costs over and above the rates specified in Schedule B.

d) None of the following will be regarded as an extension, waiver, or abandonment of the delivery schedule or a waiver of the DOL’s right to terminate for default: (i) delay by the DOL in terminating for default; (ii) acceptance of delinquent deliveries; (iii) the need to hold a second hearing when notes are poorly transcribed or lost; (iv) acceptance or approval of transcripts submitted either after default in delivery or in insufficient time for the Contractor to meet the delivery schedule; and (v) The Contractor’s sale of or in any way furnishing copies of transcripts of any kind to any person other than an official or employee of the DOL.

Further, any assistance rendered to the Contractor on this BPA or acceptance by the DOL of delinquent goods or services hereunder will be solely for the purpose of mitigating damages, and is not to be construed as an intention on the part of the Government to condone any delinquency, or as a waiver of any rights the DOL has under the subject contract.

C.13 STANDARDS OF WORK

It is understood and agreed that the performance of work and services under this BPA shall conform to high professional standards.

The Contractor agrees that the assigned reporter shall perform all work in a business-like manner and according to the Order and the best standards of the reporting profession; and the Contractor, at all times, shall provide promptly at the time, date and place designated, as many competent reporters and stenographers 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 which shall conform to the requirements of this contract. Further, it shall be an absolute right of the Administrative Law Judge (ALJ), Hearing Representative, or other appropriately designated individual to inform the Contractor through the COR that specific court reporters are unacceptable. The failure of the Contractor to provide a court reporter other than one designated acceptable by the ALJ, Hearing Representative, or other appropriately designated individual shall provide a basis for the ALJ, Hearing Representative, or other appropriately designated individual’s decision to obtain court-reporting services from another source. Further, it shall be an absolute right of the ALJ, Hearing Representative, or other appropriately designated individual to obtain court reporting services other than through the Contractor in situations that present an immediate need for replacement of the contracted court reporting service.

Once the Order is issued, the Contractor agrees that the assigned reporter shall:

a) Present himself or herself to the presiding official at least fifteen (15) minutes prior to the time and at the place of designated hearings, or in no case later than the time required to set up all required equipment and be able to begin verbatim reporting at the designated time; or, in the case of a telephonic transcription shall make telephone contact to the presiding official at least fifteen (15) minutes prior to the start time;

b) At all times be governed by the instructions of the presiding official in matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character;

c) Report everything spoken while a hearing is in session unless the presiding official directs an off-the-record discussion;

d) Not omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs; and

e) Mark and number letter exhibits and arrange them in numerical or alphabetical order if directed to do so by the presiding official.

C.14 SALES OF DUPLICATE COPY OF TRANSCRIPTS

Pursuant to Public Law 92-463, and the Freedom of Information Act, as amended, the Government reserves the right to make additional copies of transcripts or portions thereof, as it deems necessary for its own use.

The Contractor has exclusive rights to sell and furnish copies of transcripts to the public; except, the Department reserves the right to provide copies to individuals or groups which qualify for public assistance or any other individuals which may come under this category or where otherwise required by Statute or by law, or when determined to be in the Government’s best interest by the COR.

Copies of transcripts ordered by persons other than the Department of Labor shall be prepared for delivery to the requesting party at the same time the Department of Labor's copies are prepared for delivery UNLESS a requesting party other than the Department of Labor orders a faster delivery, then the Contractor shall provide the deliverables to the Department of Labor within the applicable faster delivery schedule, but at the Department of Labor’s 20 Working Day delivery price per set fee.

A CD Rom cannot be sold independently from the hardcopy transcript, although the written portion of the hardcopy transcript may be sold without selling the corresponding compact discs.

The Contractor agrees that all stationery, advertising material, or sales methods using the name of the U.S. Department of Labor or in any way expressing the Contractor's connection therewith shall be subject to the approval of the Department of Labor, and shall be modified as the Department of Labor may direct. The Contractor agrees to keep adequate records and accounts of all transcript sales. These records must indicate payment received on a per transaction basis, and shall be available for inspection by the Department of Labor at any time.

The privilege of selling, or in any way furnishing copies of transcripts of any kind to any person other than an official or employee of the Department of Labor may be suspended in any case at the discretion of the Contracting Officer.

C.15 RECORDS RETENTION AND DESTRUCTION

The Contractor shall retain recording materials used to transcribe the transcript for a period of twelve

(12) months from the date of the hearing. This will enable the Contractor to respond to any question raised by either the parties to the case or the ALJ as to the accuracy of the transcription.

The Contractor shall maintain an electronic copy of all transcripts for a period of two (2) years from the date of the hearing.

At the conclusion of the document retention period, the Contractor shall destroy all paper and electronic records and other materials containing data obtained in connection with this contract.

Further, the Contractor (or any subcontractor) must ensure that the hearing or other sensitive information does not remain on the storage media, including removable hard drives, cartridges, floppy disks, or CD ROM, when the PC is removed from the Contractor's area for maintenance or final disposition.

C.16 QUALITY CONTROL

The contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. 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 change to his/her Quality Control Plan.

C.16.1 QUALITY ASSURANCE

The government shall evaluate the contractor’s performance under this BPA in accordance with the Quality Assurance Surveillance Plan under Appendix One. 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).

SECTION D – PACKAGING AND MARKING

N/A

SECTION E - INSPECTION / ACCEPTANCE

E.1 Reviews and Quality Checks

The Contractor shall provide reviews and quality checks necessary to ensure that the transcripts conform to the requirements of this contract.

The reviews and quality checks shall be conducted by Contractor staff members. The reviews and quality checks shall not be conducted solely by using software or other electronic review technology.

No transcripts will be forwarded to the Government until the quality checks reveal full format conformance, clarity, and freedom from error (see Appendix One).

SECTION F - DELIVERIES / PERFORMANCE

N/A

SECTION G – CONTRACT ADMINISTRATION

The Governments reserves the right to add to the scope of services and deliverables specified in this section and add Vendors to the Vendor Pool at any time throughout the duration of the respective Multiple Award BPA.

G.1 Wage Determinations

In accordance with Federal Acquisition Regulation (FAR) 52.222-41 – Service Contract Labor Standards, BPA awardees shall be subject to the applicable Wage Determination for all DOL service areas, as well as the Wage Determination to be determined at the Call Order level for the specific service area required by the procurement.

Please note that the applicable Wage Determinations for all DOL service areas required by the solicitation are hereby incorporated by reference.

Wage Determinations can be located for any region within the United States (U.S.) via the following website:

https://www.wdol.gov/

G.2 Ordering Procedures

This procurement vehicle has been designated as a DOL enterprise wide vehicle and is therefore available for use by all Department of Labor (DOL) procurement activities. All orders, task or delivery, shall be issued in accordance with the terms and conditions described here, along with all applicable federal acquisition regulations, DOL acquisition regulations, DOL manual series, and Office of Federal Procurement Policy Best Practices. Prior to placement of any orders, cognizant procuring contracting officer(s) (CO) shall read the awarded contract/blanket purchase agreement (BPA) “the basic award” in its entirety to understand the terms, conditions, and limitations of the vehicle. Procuring COs shall use appropriate standard forms for order placement and award, while ensuring that all orders clearly reflect the basic award number. All orders issued shall be within the scope of the basic award.

Under no circumstances does anyone other than a CO from OPS have the authority to modify the basic award. In the event of a conflict or tension between the basic award and an order, the basic award will govern.