2031JW26R00003_CR Re-compete_RFQ Body_Amend 0001.docx

Court Reporting RFQ 2031JW26R00003 Continuation Pages

PART I - SUPPLIES OR SERVICES AND PRICES/COSTS

1.0. GENERAL

This is a combined synopsis/solicitation for commercial products or commercial services prepared in accordance with FAR Part 12. This announcement constitutes the only solicitation. Offers are being requested and a separate written solicitation will not be issued.

Solicitation number 2031JW26R00003 is issued as a Request for Quotation (RFQ) for follow-on nationwide court reporting services, including digital court reporting, stenotype, videographer, and virtual court reporting services.

This acquisition is set-aside for women-owned small business concerns. This solicitation incorporates provisions and clauses by reference. The full text of provisions and clauses may be accessed electronically at www.acquisition.gov.

This RFQ is issued under NAICS code 561492 “Court Reporting and Stenotype Services”. The small business size standard is an annual revenue of $34M. FAR provision 52.212-1, Instructions to Quoters – Commercial Items (DEVIATION, November 2025) applies to this RFQ and is tailored and included in Part IV – Solicitation Provisions, Instructions, and Evaluation of Quotations below. Additionally, this provision is supplemented by Section 24.3 Instructions to Quoters under Part IV. Line item numbers and items, descriptions, quantities, units of measure, and options can be found in this document. FAR clause 52.212-4, Terms and Conditions – Commercial Products and Commercial Services applies to this acquisition with any addendum noted in this document. This document may contain additional contract requirements or terms and conditions determined by the Contracting Officer (CO) to be necessary for this acquisition and consistent with customary commercial practices. All quotations submitted for this solicitation are due no later than May 21, 2026 at 5:00 PM, Eastern Time.

The point of contact and Contracting specialist for this solicitation is Matthew Quinn at matthew.quinn@occ.treas.gov.

Quoters are advised that wage rate determinations for local areas can be found at https://sam.gov. FAR clause 52.222-41 “Service Contract Labor Standards” is applicable and included by reference below in this RFQ.

1.1. TYPE OF CONTRACT

This is a hybrid contract containing both Labor Hour and Firm Fixed Unit Price (FFUP) line items.

1.2. LINE-ITEM NUMBER DESCRIPTION

The unit price, when listed as an hourly rate, represents the fully burdened hourly rate for any listed labor category. The fully burdened labor rates include all direct, indirect, general and administrative costs, profit associated with providing the required skill, and any travel required; travel will not be reimbursed by the Government.

PART II - CLAUSES

2.0. CLAUSES

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make the full text available. The full text of a clause may be accessed electronically at the following address: https://www.acquisition.gov

(End Clause)

2.1. CLAUSES INCLUDED BY REFERENCE

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020) WITH ALTERNATE I (NOV 2021)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS (NOV 2023)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

52.204-13 SYSTEM FOR AWARD MANAGEMENT - MAINTENANCE (DEVIATION, APR 2026)

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (DEVIATION, APR 2026)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (DEVIATION, APR 2026)

52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS (DEVIATION, APR 2026)

52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (DEVIATION, APR 2026) WITH ALTERNATE I (DEVIATION, APR 2026)

52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS – COMMERCIAL ACQUISITION (NOV 2021)

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (DEVIATION, APR 2026)

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION, APR 2026)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEVIATION, APR 2026)

52.222-3 CONVICT LABOR (DEVIATION, APR 2026)

52.222-35 EQUAL OPPORTUNITY FOR VETERANS (DEVIATION, APR 2026)

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (DEVIATION, APR 2026)

52.222-37 EMPLOYMENT REPORTS ON VETERANS (DEVIATION, APR 2026)

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT (DEVIATION, APR 2026)

52.222-41 SERVICE CONTRACT LABOR STANDARDS (DEVIATION APR 2026)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (DEVIATION, APR 2026)

52.222-43 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS—PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION CONTRACTS) (DEVIATION APR 2026)

52.222-49 SERVICE CONTRACT LABOR STANDARDS-PLACE OF PERFORMANCE UNKNOWN (MAY 2014)

52.222-50 COMBATING TRAFFICING IN PERSONS (DEVIATION, APR 2026)

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (DEVIATION, APR 2026)

52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (DEVIATION, APR 2026)

52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (DEVIATION, APR 2026)

52.224-3 PRIVACY TRAINING (JAN 2017)

52.226-8 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE DRIVING (MAY 2024)

52.227-17 RIGHTS IN DATA-SPECIAL WORKS (DEC 2007)

52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (DEVIATION, APR 2026)

52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER—SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (MAR 2023)

52.233-3 PROTEST AFTER AWARD (DEVIATION, APR 2026)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (DEVIATION, APR 2026)

52.240-91 SECURITY PROHIIBITIONS AND EXCLUSIONS (DEVIATION-AUG 2025)

52.240-93 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (DEVIATION-AUG 2025)

2.2. CLAUSES INCLUDED IN FULL TEXT

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement homeland security presidential directive-12 (HSPD-12), office of management and budget (OMB) guidance m-05-24 and federal information processing standards publication (FIPS PUB) number 201.

(b) The Contractor shall account for all forms of government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the government:

(1) When no longer needed for contract performance.

(2) Upon completion of the contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 days.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

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

(End of clause)

1052.210-70 (DTAR) CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.

(End of clause)

1052.222-70 (DTAR) MINORITY AND WOMEN INCLUSION (JAN 2016)

(a) Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts awarded under this contract whose dollar value exceeds $150,000. Within ten business days of a written request from the Contracting Officer, or such longer time as the Contracting Officer determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and as applicable, its subcontractors) has undertaken to demonstrate its good faith effort to comply with the aforementioned provisions. For purposes of this contract, ``good faith effort'' may include actions by the Contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or other activity that could lead to those results.

(b) The documentation requested by the Contracting Officer to demonstrate ``good faith effort'' may include, but is not limited to, one or more of the following--

(1) The total number of Contractor's employees, and the number of minority and women employees, by race, ethnicity, and gender (e.g., an EEO-1);

(2) A list of subcontract awards under the contract that includes: Dollar amount, date of award, and subcontractor's race, ethnicity, and/or gender ownership status;

(3) Information similar to that required in paragraph (b)(1) of this clause, with respect to each subcontractor; and/or

(4) The Contractor's plan to ensure that minorities and women have appropriate opportunities to enter and advance within its workforce, including outreach efforts.

(c) Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203) (Dodd-Frank Act), a failure to demonstrate to the Director of the Agency's Office of Minority and Women Inclusion such good faith efforts to include minorities and women in the Contractor's workforce (and as applicable, the workforce of its subcontractors), may result in termination of the contract for default, other contractual remedies, or referral to the Office of Federal Contract Compliance Programs (OFCCP). Compliance with this clause does not, however, necessarily satisfy the requirements of Executive Order 11246, as amended, nor does it preclude OFCCP compliance evaluations and/or enforcement actions undertaken pursuant to that Executive Order.

(d) For purposes of this clause, the terms ``minority,'' ``minority-owned business,'' and ``women-owned business'' shall have the meanings set forth in Section 342(g) of the Dodd-Frank Act.

[81 FR 2760, Jan 19, 2016]

(End Clause)

1052.232-7003 (DTAR) ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

(End of clause)

1052.201-8000 (OCC) CONTRACTING OFFICER'S REPRESENTATIVE (COR) DELEGATION AND AUTHORITY (DEC 2013)

a) The contracting officer's representative will be identified via separate letter to the contractor.

b) Performance of work under this contract is subject to the technical direction of the COR, as delegated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

c) Technical direction must be within the scope of the specification(s)/work statement. The COR does NOT have authority to issue technical direction that:

a. changes any of the terms, conditions, or specification(s)/work statement of the contract;

b. in any manner causes an increase or decrease in the contract price, or the time required for contract performance;

c. interferes with the contractor's right to perform under the terms and conditions of the contract; or,

d. directs, supervises or otherwise controls the actions of the contractor's employees.

d) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five work days, with a copy to the contract administrator.

e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.

f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes".

(End of Clause)

1052.204-8000 (OCC) – PROPER IDENTIFICATION OF CONTRACTOR PERSONNEL (JUL 2024)

a) All contractor personnel shall provide proper identification in both oral and written communications. Oral communications include, but are not limited to, in-person, Teams, Zoom or other video and audio communications, and teleconference communications. Additionally, when calling into meetings contractor personnel shall identify that they are a contractor by stating their name followed by stating contractor support for their respective OCC business unit.

b) For written communications, all contractor personnel shall use a signature block that includes identification as a contractor, the name of the contractor personnel’s company, office telephone number, alternate contact (mobile) number (if applicable), and identification of the current assigned Contacting Officer Representative (COR) as stated in the contract.

(End of Clause)

1052.204-8001 (OCC) CONTRACTOR’S COMMITMENT TO EQUAL OPPORTUNITY AND CONTRACTING (MAY 2025)

This clause applies to the contractor’s compliance with Section 342(c)(2) of Dodd-Frank Wall Street Reform and Consumer Protection Act (PL 111-203) (Dodd-Frank).

The Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts under this Contract when the dollar value exceeds $150,000.

Within thirty (30) calendar days of a written request from the OCC’s Office of Minority and Women Inclusion (OMWI), or such longer time as the OMWI determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and, as applicable, its subcontractors) has undertaken to demonstrate its good-faith efforts to comply with the aforementioned provisions.

For purposes of this contract, “good-faith efforts” may include actions by the contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or engaging in other activities that could lead to those results.

A failure to demonstrate to the OCC and the OMWI Director such good-faith efforts may result in the actions prescribed in Section 342(c)(3) of Dodd–Frank.

For purposes of this clause, the terms “minority,” “minority-owned business” and “women-owned business” shall have the meanings set forth in Section 342(g) of Dodd–Frank.

(End of Clause)

1052.204-8004 (OCC) CONTROLLED UNCLASSIFIED INFORMATION (SEP 2021)

a) Because of the proprietary nature of such information, the contractor understands that work performed by and information released to the contractor is sensitive in nature and shall not be disclosed to anyone other than the Office of the Comptroller of the Currency (OCC) (Government) employees assigned to the contract and other contractor personnel the Government authorizes to receive the information. The contractor agrees to protect all Controlled Unclassified Information received by or provided to the contractor pursuant to this contract from unauthorized disclosure or use for as long as the information remains proprietary or controlled and further agrees that it will not use such information for any purpose other than that relating to the performance of this contract. For purposes of the contract, all information provided to or received by the contractor is deemed confidential and proprietary.

b) The contractor shall execute and is responsible for having all of its employees, subcontractor employees, and agents working under the contract and/or having access to sensitive information under this contract execute a “Conditional Access to Controlled Unclassified Information Non-Disclosure Agreement.”, hereafter referred to as an NDA, provided as Attachment A (provided at time of award) to this contract. This NDA provides that Controlled Unclassified Information provided to the contractor or its employees, subcontractors, or agents, shall not, except as permitted in connection with the performance of the contract, be further disclosed or used without the prior written approval of the Government.

c) Contractor employees processed in the Personnel and Administration Security System (PASS), will complete the NDA electronically.

d) Contractor employees processed outside of PASS, will complete the attached hard copy NDA and submit to the Contracting Officer (CO).

e) Executed copies of the NDA are required by each contractor employee, subcontractor employee or agent who will perform work on the contract before they can begin actual performance under the contract.

1052.242-8000 (OCC) EVALUATION OF CONTRACTOR PERFORMANCE (DEC 2010)

a) The OCC will evaluate the contractor’s performance after contract award. If this contract has option periods, interim evaluations will be conducted at the end of each option period and then a final evaluation report will be prepared at the completion of the entire contract. If this contract does not have renewal options, an evaluation will be conducted upon completion of the contract. Notwithstanding the preceding, the Contracting Officer may conduct evaluations more or less frequently, if the Contracting Officer deems appropriate.

b) Evaluations will be conducted using an electronic format as established by Contractor Performance Assessment Reporting System (CPARS), an internet-based database of contractor performance information. The OCC will enter the information, gathered from the evaluation, into the CPARS.

c) If the contractor responds to the evaluation, and the response rebuts any or all of the ratings, the Contracting Officer will attempt to reconcile the areas of disagreement with the contractor. If agreement cannot be reached, the evaluation and response shall be reviewed at a level higher than the Contracting Officer and a final evaluation will be issued by the reviewing official. If the reviewing official finds, either all or in part, against the contractor, the contractor’s response shall become part of the final evaluation. The reviewing official’s final decision shall not be subject to dispute under the terms and conditions of the Disputes clause or subject to resolution in accordance with the terms and conditions of the Alternative Dispute Resolution clause. The reviewing official will provide the contractor with a copy of the final evaluation.

d) Any government agency authorized to access the Past Performance Information Retrieval System (PPIRS) database will be able to view the performance information related to this contract. Any government agency may also receive a copy the contractor’s performance evaluation, and any associated comments, by contacting the OCC. The OCC will also, upon request, provide copies of any and all of the contractor’s evaluations to the contractor.

(End of Clause)

1052.242-8002 (OCC) PERIOD OF PERFORMANCE (SEP 2012)

The base period of performance of this contract is from 07/01/2026 through 06/30/2027.

If exercised, the first option period/year will extend the contract period of performance from 07/01/2027 through 06/30/2028.

If exercised, the second option period/year will extend the contract period of performance from 07/01/2028 through 06/30/2029.

If exercised, the third option period/year will extend the contract period of performance from 07/01/2029 through 06/30/2030.

If exercised, the fourth option period/year will extend the contract period of performance from 07/01/2030 through 06/30/2031.

(End of Clause)

1052.243-8001 (OCC) AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (SEP 2016)

a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who provide technical direction or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.

b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer (CO) or is pursuant to specific authority otherwise included as a part of this contract.

c) The CO is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the CO’s. In the event the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The primary CO will be identified via separate letter to the contractor. Any CO with appropriate warrant authority may direct changes through a modification to the contract.

PART III – DOCUMENTS, EXHIBITS, AND/OR ATTACHMENTS

PERFORMANCE WORK STATEMENT

3.0 BACKGROUND

The Office of the Comptroller of the Currency (OCC) is an independent bureau of the U.S. Department of the Treasury headquartered in Washington, D.C., with offices nationwide. The OCC is responsible for chartering and regulating the country’s national banks and federal savings associations. We ensure that the banks we supervise operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.

4.0 SCOPE

The OCC requires nationwide court reporting services, including digital court reporting services, stenotype services, videographer services, and virtual court reporting services.

5.0 DEFINITIONS

5.1 Certified Court Reporter - Court reporters must be certified by their state or by a federal certifying organization (e.g., U.S. Court Reporters Association (USCRA) or National Court Reporters Association (NCRA)).

5.2 Proceeding – An event (litigation/legal actions occurring in a courtroom or other venue, depositions, sworn statements, arbitration hearings, personnel grievances and appeals, conference, and committee and public meetings) that requires verbatim transcripts.

5.3 Stenotype Services – Services within scope for which a court reporter is required to use a stenotype machine to produce a verbatim transcript.

5.4 Virtual Court Reporting Services – Services within scope supporting a proceeding that includes at least one participant (party, court reporter, attorney, deponent, etc.) who is not physically present in the same location as other participants and is transmitted via live, remote video. This service involves production of verbatim transcripts using either digital court reporting or stenotype services.

5.5 Telephonic Court Reporting – Services within scope that support a proceeding that includes at least one participant on the telephone.

5.6 Transcription Services – Services within scope that require recording a proceeding, transcribing the audio or video recording into a written transcript, and proofreading and delivering the transcript.

5.7 Videography Services – Services within scope that require producing a fair, true, accurate, and complete high definition (HD) video recording of a proceeding. Video standards and guidelines are identified in Section 11.7 of this PWS.

5.8 Nationwide – Throughout the 50 United States.

5.9 Controlled Unclassified Information (CUI) – Unclassified information created and used in the U.S. federal government that requires safeguarding based on laws, regulations, or government-wide policies.

5.10 Controlled Unclassified Information and Handling – Any use of CUI, including but not limited to marking, safeguarding, transporting, disseminating, re-using, and disposing of the information.

5.11 Contractor – The Contractor (legal business entity) that has entered into this contract with the Government.

5.12 Contracting Officer’s Representative (COR) – A Government employee who represents the government contracting officer in technical matters only. The COR is authorized to request services and provide technical direction within the scope of the contract. The COR is not authorized to request services outside the scope of the contract (see contract clause 1052.201-8000).

5.13 Person-in-Charge (PIC) – Presiding OCC attorney or the judge onsite during the proceeding, who has the authority during virtual hearings or at the location/site of the proceeding, to issue technical direction related to that proceeding. The PIC is not authorized to request services outside the scope of the contract or unrelated to the proceeding.

5.14 Realtime reporting (captioning) – To provide equal access to communication for some individuals who are deaf or hard-of-hearing. Captioning is real-time transcription of the spoken language. If this is requested, the OCC expects the Contractor to provide a single participant to provide captioning and the requested transcription service(s).

6.0 SERVICE DELIVERABLES

6.1 If the request for service placed by the COR covers more than one event and each event requires a separate transcript, then each event is a separate proceeding.

6.2 The Contractor must provide a certified court reporter to fulfill the ordered services identified in this contract. The COR will specify when requesting services whether the court reporter is to attend in person or virtually.

6.3 The court reporter must have the authority to administer oaths and must do so when requested.

6.4 The Contractor must use its own devices and network connections to access OCC-provided technology (e.g., Zoom or Teams) for the audiovisual and document sharing platform(s) to conduct remote proceedings. The Contractor’s network connections must be sufficient to maintain attendance without disruption.

6.5 All court reporting services must include one (1) original certified electronic version of the transcript;

6.6 In addition to the electronic transcripts, when the COR requests videography or virtual court reporting services, a minimum order must include one (1) certified video recording of the proceeding synchronized to the transcript. If requested by the COR, the synchronized transcript and video (in one file) must be suitable for loading into the Government’s transcript management software (Relativity). Video standards and guidelines are identified in Section 11.7 of this PWS. The video recording must be of the witness for the duration of the proceeding, unless the Contractor uses equipment that allows for video of all participants.

6.7 In addition to the electronic transcripts, when OCC requests stenotype services, a minimum order must include one (1) rough transcript in American Standard Code for Information Interchange (ASCII) format provided within 24 hours of the completion of the proceeding.

6.8 In addition to the electronic transcripts, the Contractor must, upon the COR’s request, deliver a paper version of the original certified transcript and/or additional paper/hard copies of transcripts or exhibits to an address or addresses provided by the COR. Delivery costs are not paid separately by the OCC.

6.9 In addition to the electronic transcripts, the Contractor must, upon the COR’s request, deliver one (1) electronic version suitable for loading into the Government’s transcript management software (see Section 11.6 for specifications).

6.10 When requested by the COR, the Contractor must provide real-time translation (captioning). Because this service requires special equipment, the request from the COR will be in advance and will only be requested when necessary for a deaf or hard-of-hearing participant.

7.0 REQUESTS FOR SERVICES

7.1 The COR will request transcription and videography services as needed. The Contractor will accept and service all requests that are placed by 5:00 p.m. Eastern Time (ET) at least three (3) business days in advance of a proceeding’s scheduled start day; Table 1, below, is provided as a reference regarding this.

Table 1 – Request Notice

7.2 The Contractor is not required, but will make a reasonable effort, to accept and service any request for which the minimum three (3) business days advance notification requirement is not met.

7.3 For timely orders, the Contractor must provide the name and contact information (e-mail address and telephone number) for the assigned court reporter to the COR by 5:00 p.m. ET two (2) business days before the proceeding.

7.4 For orders the Contractor accepts with shorter notice, the Contractor must provide the name and contact information (e-mail address and phone number) for the court reporter to the COR as soon as it is available. Once the Contractor accepts services for which the minimum notice was not met, the Contractor is obligated to perform (i.e., the reasonable efforts standard from Section 7.2 no longer applies after the Contractor accepts the work).

7.5 The COR will provide the following information, in writing, when placing a request for services:

7.5.1 Location of proceeding;

7.5.2 Date and time of proceeding;

7.5.3 Approximate duration of proceeding;

7.5.4 Each type of service required;

7.5.5 Delivery type of transcript order needed (regular, intermediate, etc., as defined in Section 8.3);

7.5.6 Name of the OCC attorney(s) present

7.5.7 Name and phone number of the point of contact (POC);

7.5.8 Whether or not the proceeding is private or public;

7.5.9 For virtual proceedings, virtual meeting information/invitation; and

7.5.10 For in-person proceedings, the name of the PIC who will be onsite during the proceeding (note: in addition to the PIC identified by the COR, a judge [administrative or judicial] is always considered to have the authority of a PIC).

7.6 Cancelation and Attendance Fee

7.6.1 The OCC will notify the Contractor of any cancelations no later than 5:00 p.m. ET the day before the scheduled proceeding. If the OCC does not notify the Contractor by this time, and the proceeding is canceled before it begins, the Contractor may request the per proceeding cancelation fee, which will be the same amount as one-day's attendance.

7.6.2 If a proceeding begins, but is canceled, postponed, or concluded at any time during the first day, the OCC will pay the Contractor the one-day attendance fee and the fees for any transcripts, videos, etc. produced from the day's proceedings.

8.0 DELIVERY REQUIREMENTS

8.1 The Contractor must provide, via encrypted email, secure electronic file transfer (electronic deliverables), or courier (paper deliverables):

8.1.1 An original certified electronic version of the transcript, see Section 11.5 of this PWS for technical requirements;

8.1.2 All exhibits, if applicable, see section 12.0 of this PWS for technical requirements;

8.1.3 A certified video recording synched to the certified electronic transcript, if the OCC requested videography, see Section 11.7 of this PWS for technical requirements;

8.1.4 A plain text (.txt file extension) version, if requested, suitable for loading into the Government’s transcript management software, see Section 11.6 of this PWS for technical requirements; and

8.1.5 A paper copy, if requested, see Section 11.1 of this PWS for technical requirements.

8.2 The delivery period begins the first day after the proceeding concludes (inclusive) and ends according to the schedule in Section 8.3 below. If the last day is a Saturday, Sunday, or federal holiday, the delivery period will end the next business day.

8.3 The Contractor must provide transcripts according to one of the following delivery schedules, which will be specified by the COR at the time the request is placed. All deliveries must occur between 8:30 a.m. and 5:00 p.m. ET, unless otherwise allowed by the COR. The OCC will not directly/separately reimburse for postage or other delivery costs.

8.3.1 Regular Order: must be delivered within 20 calendar days of the conclusion of a proceeding.

8.3.2 Intermediate Order: must be delivered within 10 calendar days of the conclusion of a proceeding.

8.3.3 Expedited Order: must be delivered within five (5) calendar days of the conclusion of a proceeding.

8.3.4 Overnight Order: must be delivered by 9:30 a.m. ET on the day following the proceeding.

8.4 If the OCC requests a paper copy in the initial request, the schedule in Section 8.3 must be followed. If the OCC requests a paper copy after the initial request the Contractor must provide the paper copy within five (5) business days of the request (five-day count begins the day after the request).

8.5 The following Federal Holidays are observed:

*Holidays that fall on Saturday are observed on Friday and holidays that fall on Sunday are observed on Monday.

Additionally, should a President of the United States proclaim an additional federal holiday (e.g., Christmas Eve) or close Government Offices (does not include closing due to inclement weather), that day will also be considered a federal holiday.

9.0 ON-SITE AT A PROCEEDING

9.1 The Contractor must be set up and ready to begin on the date and at the start time designated for the proceeding.

9.2 For any proceeding that requires the court reporter to be physically present, the Contractor’s personnel must present themselves to the PIC upon arriving at the proceeding. The PIC and/or COR will instruct the Contractor’s personnel during the proceeding, consistent with the terms and conditions of this contract.

10.0 RECORDING METHODS

10.1 The Contractor must use a recording method that is legally sufficient for the U. S. District Court; regardless of location, venue, and/or jurisdiction; unless OCC requests a different method.

10.2 If the Contractor uses electronic sound recording devices, each device’s quality must ensure against error, misinterpretation, or loss of voice. Equipment used by the Contractor must include simultaneous playback, listening, and speaker identification facilities, and must be monitored by the Contractor to ensure proper recording.

10.3 The Contractor must ensure that a backup recording system is available, operational, and in use in the event of problems with the primary system. There must be no break in recording during transfer to the backup system.

11.0 TRANSCRIPT SPECIFICATIONS

11.1 Formatting

11.1.1 Transcripts must be in upper/lower case text;

11.1.2 Pages must be 8-1/2" x 11" with a top margin of 1/2”, bottom margin of 1/2”, a left margin of 1”, and a right margin of 1/2”;

11.1.3 Each page must have no fewer than 25 typed lines per page and no fewer than nine or ten characters to the typed inch;

11.1.4 Transcripts provided in paper/hard copy must be single-sided. The type must be 12-point font size, and the lines must be double-spaced;

11.1.5 Whenever testimony and/or speech is continuous, requiring more than one line, the typing must begin as close as possible to the left ruled marginal lines, with words properly hyphenated when necessary;

11.1.6 Numbers indicating each line of transcription upon each page (i.e., 1, 2, 3, …) must be printed at the left marginal line of the original transcript;

11.1.7 Pagination of the transcript must be in a single series of consecutive numbering, regardless of the number of days of the proceeding;

11.1.8 Page numbers must be placed in the upper right-hand corner of each page;

11.1.9 Each hard copy of the transcript must be enclosed in a protective cover, as approved by the COR;

11.1.10 Each electronic or hard copy of the transcript must include a title page showing the name and docket number (if applicable) for the proceeding;

11.1.11 Each transcript must include one complete index of the speaker(s) and/or witness(es). The index must identify the exhibits by number and what party introduced them;

11.1.12 A word index must not be included at the end of the transcript and must not be included in the page count for billing; and

11.1.13 Paper copies, if the COR requests them, must be punched with three (3) holes at the left side; the upper and lower holes to be two (2) inches from the top and bottom of the page, third hole in the center of the resulting interval, and must be secured with a fastener.

11.2 Accuracy

11.2.1 The Contractor must provide complete transcripts that accurately replicate the full and complete verbatim record of the proceeding. The COR will review the initial submission of the transcript to evaluate the transcript for accuracy and acceptability. Acceptable quality levels are described in Section 19.0 of this PWS.

11.2.2 Where errors, including typographical, impact the accuracy of the verbatim record of the proceeding, the COR will require the Contractor to reproof the entire transcript, correct all errors found, and furnish a corrected transcript; the Contractor must comply with the COR’s request. The Contractor must provide, at no cost to the OCC, the corrected transcript within five (5) calendar days for Regular, Intermediate, and Expedited orders; and within one (1) business day for Overnight orders, from the COR’s notification to the Contractor (five-day count begins the day after the notification). Although the corrected transcript is required, resubmissions due to errors will not apply to Acceptable Quality Level (AQL) calculation described in Section 19.0.

11.2.3 Where the corrected transcript also includes errors, the Contractor will reproof the entire transcript, correct all errors found, and furnish a corrected transcript, at no cost to the OCC, within three calendar days (three-day count begins the day after the notification).

11.3 Authentication

11.3.1 Electronic Transcripts: The Contractor must place a signed and dated certification page at the end of the original electronic transcript to authenticate it. Unless the COR requests (in writing) a different format, the certification page must include the following paragraph:

"This is to certify that the attached proceedings before (name of judge) in the matter of: (Docket Number, if applicable), (Place of Proceeding), (Date of Proceeding) were held as herein appears, and that this is the original transcription thereof for the file of the Comptroller of the Currency."

11.3.2 Video Transcripts: The Contractor must authenticate all video recordings produced by the Contractor by placing a certification document signed and dated by the videographer that states:

“the recording constitutes the complete original/master recording; the recording has not been altered in any way while in the videographer’s possession; and the recording is fair, true, accurate, and complete.”

11.4 Copies

If requested by the OCC, the Contractor must provide, clearly legible copies of the transcript. The COR or contracting officer (CO) are the sole arbiters of whether a document is legible or not. If one or more copies are found to be illegible, the Contractor must, within five (5) calendar days of receipt of notification and without additional cost to the OCC, replace the illegible copies with clearly legible copies. Five-day count begins the day after the notification.

11.4.1 If printing CUI content that is produced for the OCC, the contractor will use printers or copiers that do not retain data. When hand-carrying or mailing, the contractor will use standard CUI coversheet (Attachment AB) as warranted to prevent disclosure of hard copy documents with CUI. As of the date of contract initiation, the coversheet can be downloaded from https://www.gsa.gov/system/files/SF901-18a.pdf. No contract modification will be made if the Government Services Agency (GSA) relocates the form.

11.5 Electronic Transcripts Format

11.5.1 The Contractor must deliver electronic transcripts via secure electronic transfer (e.g., encrypted e-mail, secure file transfer protocol, downloadable from the Contractor’s https web address). The original certified transcript must be in PDF format and the electronic working copy must be in ASCII format, unless the COR requests otherwise before the transcript is delivered. The original certified PDF version must be formatted to prevent editing. The electronic versions and all removable media must be protected in storage, in process, and during transmission – to include when being delivered by courier (i.e., at all times). See Section 21.2.5.2 for security requirements.

11.5.2 The electronic transcript must have identical pagination and content of any requested printed transcript as specified in Section 11.1 above and conform to the following specifications:

11.5.2.1 Only one (1) proceeding per file; and

11.5.2.2 The electronic transcript must be created with a unique file name as designated by the COR or PIC.

11.6 Electronic Transcripts Format for Loading to Transcription Software

11.6.1 Acceptable file formats (see section 11.6.2)

11.6.1.1 .txt (plain/ASCII text file)

11.6.1.2 .ptf

11.6.1.3 .xmptf

11.6.1.4 .rtf

11.6.1.5 .trn

11.6.1.6 .xmef

11.6.2 File Type/Format Constraints

11.6.2.1 .txt File Constraints

11.6.2.1.1 Transcripts application completes a header validation for .txt files. (see the attached sample .txt file as an example – (Attachment BC)

11.6.2.1.2 The first five lines of a text file must be one of the three options below:

11.6.2.1.2.1 Number space text

11.6.2.1.2.2 Number symbol space text

11.6.2.1.2.3 Space number space text

11.6.2.2 .ptf File Constraints

11.6.2.2.1 .ptf files must have the same file format that includes the following three lines:

11.6.2.2.1.1 Begin=Head

11.6.2.2.1.2 Type=ptf

11.6.2.2.1.3 Begin=text

11.6.2.3 .xmptf File Constraints

11.6.2.3.1 .Xmptf files must have the same file format that includes the following three lines:

11.6.2.3.1.1 Begin=head

11.6.2.3.1.2 Type=ptf

11.6.2.3.1.3 Begin=text

11.6.2.3.2 To differentiate from .ptf files, these must also contain the following lines:

11.6.2.3.2.1 Linesnames=

11.6.2.3.2.2 Linetimestamps=

11.6.2.4 .rtf File Constraints

11.6.2.4.1 With .rtf files, all transcripts must contain one of the following headers:

11.6.2.4.1.1 \rtf1\ansi\ansicpg1252\uc1\deff0\stshfdbch0\stshfloch0\stshfhich0\stshfbi0\deflang1033\deflangfe1033

11.6.2.4.1.1.1 Transcript lines start on \fs22.

11.6.2.4.1.2 \rtf1\ansi\ansicpg1252\deff0\deflang1033

11.6.2.4.1.2.1 Transcript lines end on \line

11.6.2.5 .trn File Constraints

11.6.2.5.1 Transcripts application must support .trn files that adhere to the following requirements:

11.6.2.5.1.1 Start with an XML element;

11.6.2.5.1.2 Contain a <TRN> element;

11.6.2.5.1.3 Contain a <Transcript> element;

11.6.2.5.1.4 Contain a control character for line page divider

11.6.2.6 .xmef File Constraints

11.6.2.6.1 Transcripts application supports .xmef files that are a zip file and contain any of the following files:

11.6.2.6.1.1 .ptf;

11.6.2.6.1.2 .xmptf

11.6.2.6.1.3 .txt

11.7 Video Recordings

11.7.1 HD video recordings, synced to the transcript, must be delivered via an encrypted connection (e.g., email, secure electronic file transfer). The original certified synced transcript must be formatted to prevent editing. See Section 21.2 for security requirements. The electronic copy must conform to these specifications and be identical in content, with date/time stamps coordinated between video and transcript, to any requested printed transcript as specified in Section 11.1 above, including:

11.7.1.1 Each proceeding must be submitted separately; i.e., only one (1) proceeding will be submitted via each secure electronic transfer;

11.7.1.2 Exhibits/inserts, if requested, must be on the electronic version of the transcript;

11.7.1.3 The electronic transcript must have a unique file name, which will be provided by the COR or PIC;

11.7.1.4 If OCC requests to load video transcripts to its transcription software, each transcript must be synched to one (1) video file; i.e., one transcript cannot synch to multiple video files; transcripts synched to multiple video files are not supported.

12.0 EXHIBITS

12.1 The COR or PIC may direct the Contractor to copy exhibits into the record to accompany the transcripts. If so, the Contractor must:

12.1.1 Mark and number or letter each exhibit and arrange exhibits in numerical/alphabetical order, unless specifically directed by the COR or PIC not to. The marking must indicate clearly who offered the exhibit;

12.1.2 Identify each exhibit by number and title or description, indicating the page number on which the exhibit was identified and the page number on which the exhibit was admitted or rejected;

12.1.3 Scan exhibits to PDF for non-virtual proceedings and provide them with the applicable transcript, regardless of the transcript format (electronic, paper);

12.1.3.1 Electronic transcripts – The Contractor must include exhibits with the transcript.

12.1.3.2 Paper transcripts - If the OCC requests a paper transcript with exhibits, the Contractor must ensure the exhibit(s) are made part of the transcript and securely bound or collected in a looseleaf binder with a list of exhibit numbers and respective titles or descriptions.

12.1.4 Transmit the exhibits, securely if the proceeding is virtual, as directed by the COR or PIC. Examples are emailing the marked exhibits back to the attorney or including the exhibits with the transcript package to the COR.

13.0 COMPUTATION OF TIME

Whenever a proceeding is continued, recessed, or adjourned for a period of five (5) or more calendar days, that portion of the transcript of a proceeding held prior to such continuance, recess, or adjournment must be considered a complete proceeding for the purpose of computing time for delivery of the transcript and pricing.

14.0 HOURS OF SERVICE

14.1 Proceedings are…