36C10X21Q0107 court reporting and transcription for posting.docx

36C10X21Q0107

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

04-12-2021

10AM

EDT

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

X

561492 $16.5 Million

N/A

36C10X Strategic Acquisition Center - Frederick Department of Veterans Affairs

5202 Presidents Court, Suite 103 Frederick MD 21703

VAFSC

U.S. Department of Veterans Affairs Financial Services Center

PO BOX 149971

(see Section B.3 invoicing/payment) Austin TX 78714-8917 1-(877)-489-6135

See CONTINUATION Page

Department of Veterans Affairs (VA), Office of Resolution Management (ORM); Office of Chief Human Capital Officer, Labor Management Relations (OCHCO/LMR); Office3 of Accountability and Whistleblower Protection (OAWP) has a need for Court Reporting and Transcription Services.

See CONTINUATION Page

Todd Synder

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

SECTION B – CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

POC:

Email:

Phone:

b. GOVERNMENT: Strategic Acquisition Center – Frederick Department of Veterans Affairs 5202 Presidents Court, STE 103 Frederick, MD 21703

Contracting Officer (CO): Todd Synder Todd.synder@va.gov

(240) 215-1744

Contract Specialist (CS): Sandra Martz Sandra.martz@va.gov (240)-215-1662

Contracting Officer’s Representative (COR):

B.2 INSTRUCTIONS

1. Submission - In accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests, all invoices shall be submitted electronically. A copy of all invoices shall be provided to the contracting POC identified in section B.1.

Tungsten (fka OB10) ELECTRONIC INVOICE SUBMISSION FSC e-INVOICE PROGRAM THRU AUSTIN PORTAL

FSC MANDATORY ELECTRONIC INVOICE SUBMISSION FOR AUSTIN PAYMENTS

Vendor Electronic Invoice Submission Methods:

Fax, email and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted data transmissions below.

· VA’s Electronic Invoice Presentment and Payment System – The Financial Services Center (FSC) in Austin, TX uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

· A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site is http://www.x12.org.

Vendor e-invoice Set-up information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center in Austin, TX for payment processing. If you have questions about the payment status of a properly submitted invoice, the e-invoicing program, or Tungsten, please contact the FSC at the phone number or email address listed below.

· Tungsten e-Invoice setup information: 1-877-489-6135

· Tungsten e-Invoice email: VA.Registration@tungsten-network.com

· FSC e-Invoice contact information: 1-877-353-9791

· FSC e-Invoice email: vafsccshd@va.gov

· http://www.fsc.va.gov/einvoice.asp

COMMUNICATIONS:

· https://www.federalregister.gov/articles/2012/11/27/2012-28612/va- acquisition-regulation-electronic-submission-of-payment-requests

· http://fcw.com/articles/2012/11/27/va-epayments.aspx?s=fcwdaily

2. Submission of Proper Invoice - The following data must be included in an invoice for it to constitute a proper invoice:

a. Name and address of the contract

b. Invoice date and number

c. IFCAP Purchase Order No.:

d. Contract No.

e. Item number, description, quantity, unit of measure, price, extended price and a total of supplies delivered, or services performed.

1. Cumulative billing (per line item and total)

2. Final invoices must be marked ‘FINAL INVOICE’

3. Proof of supplies delivered, or services performed MUST also be provided. Signature, printed name and title of Government receiving official and date of delivery or performance period must be included.

INVOICES THAT DO NOT COMPLY WITH THESE REQUIREMENTS SHALL BE REJECTED.

3. Contractor Remittance Address -

All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, or

[ ] 52.232-36, Payment by Third Party

Invoice shall be submitted in the arrears -

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly, after acceptance by CO

B.3 PERFORMANCE WORK STATEMENT

Court Reporting and Transcription Services

1.0 OVERVIEW

The Department of Veterans Affairs (VA), is charged with the processing of employment discrimination complaints filed against the VA and is responsible for providing a variety of services to prevent, resolve, and process Equal Employment Opportunity (EEO) complaints in a timely and high quality manner. If a complaint is accepted for investigation, an EEO investigator will be assigned to the case. The investigator is authorized to take statements from witnesses under oath and gather pertinent documents and records. The investigator will assemble the file and prepare a report which will summarize the evidence gathered.

VA principally uses interrogatories and transcribed affidavits. The purpose of the investigation is to gather facts upon which a reasonable finder may draw conclusions as to whether violations of directives, policies, statutes, and or laws have occurred. Investigative inquiries may be made using a variety of fact-finding models, such as the interview of the fact-finding (board) and a variety of devices, such as request for information, position statements, exchange of letters or memorandums, interrogatories and affidavits. The capacity of these services requires the contractor to provide Court Reporting and Transcription Services to support approximately 1850 investigations per year (approximately 154 investigations per month; please note these are estimated numbers).

Definition of Success: Success under this contract is defined by providing seamless and professional Court Reporting and Transcription Services throughout the Nation while providing excellent customer service for duration of this contract. These services will allow VA to achieve the goal of strengthening the culture of accountability and renewing VA’s focus on employee-led and Veteran-centric change to drive improvements.

2.0 GENERAL OBJECTIVES AND REQUIREMENTS

2.1 Background

The Equal Employment Opportunity Commission (EEOC) regulations require the VA develop an impartial and appropriate factual record upon which to make findings on the claims raised by written complaints filed with the VA. An investigation of formal discrimination complaints is deemed official inquiries by EEO investigators into claims raised in EEO complaints. The investigative process is non-adversarial; the investigators are obligated to collect evidence regardless of the parties’ positions with respect to the items of evidence. Investigative inquiries may be made using a variety of fact-finding models, such as the interview or the fact-finding conference and a variety of devices, such as requests for information, position statements, exchange of letters or memoranda, interrogatories and affidavits.

VA Administrative Investigation process requires that the VA develop an impartial and appropriate factual record upon which to make findings on the claims raised by complaints filed with ORMDI. Investigative inquiries may be made using a variety of fact-finding models, such as the interview of the fact-finding (board) and a variety of devices, such as request for information, position statements, exchange of letters or memorandums, interrogatories and affidavits.

2.2 Locations

Services shall be provided at VA facilities and satellite offices nationwide, across US and all territories.

2.3 Scope and Methodology

Contractor shall provide all necessary resources to accomplish the deliverables described in this PWS. The contractor shall record the examination, testimony or other proceedings in connection with a complaint by manual or machine shorthand. The court reporter shall read portions of transcript during the investigation or hearing at the investigators or administrative judge’s request and ask speakers to clarify inaudible statements. The court reporter shall transcribe recorded material using a Stenographic machine/computer or dictate material into a recording machine.

The contractor shall be available to provide services during core business hours for each respective time zone in the continental United States. The contractor is not required to work on weekends or Federal holidays.

2.4 Contract

Upon request by the Contracting Officer’s Representative (COR), or the Ordering Representative (Delegated by Contracting Officer), the Contractor shall accurately transcribe each witness statement and provide one electronic (PDF) copy per Deliverables Section. The contractor shall transcribe all investigations per assignment and return in the same bundle as received. ORMDI reserves the right to cancel an assignment within 24 hours of scheduled request for Transcription and Court Reporting Services without cancellation penalties.

2.5 Pricing

The prices established in this contract are firm-fixed price. Each Contract Line Item Number (CLIN) shall be priced per page, except for the cancellation fee, which shall be a one-time cancellation charge per scheduled assignment.

2.6 Period of Performance

The Period of Performance for this IDIQ is:

Base Year: April 19, 2021 through April 18, 2022 Option Year 1: April 19, 2022 through April 18, 2023 Option Year 2: April 19, 2023 through April 18, 2024 Option Year 3: April 19, 2024 through April 18, 2025 Option Year 4: April 19, 2025 through April 18, 2026

Funding will be added at the Task Order.

2.7 Data Rights

ORMDI; OCHOCO/LMR; and OAWP reserve the right to make additional printed and electronic copies, or portions thereof, of all transcriptions as it deems necessary and the contractor(s) shall have no claim for the additional copies.

3.0 TASK STATEMENT

The contractor shall provide 100% completion of the specific deliverables of testimony/examinations described within 5 business days of the COR issuing an assignment. Assignments that require less than a 5 business days turnaround will be discussed and approved by COR prior to the beginning of the work.

VA will provide 24-hour prior notice of expedited assignments. The contractor shall email transcripts overnight to VA’s Ordering Representative for an expedited order (if requested by Ordering Representative).

The contractor shall ensure the Court Reporters and Transcribers service providers are certified in accordance with state laws where the service is being performed. With the exceptions of a few states that require court reporters to pass unique state exams, most states recognize the certifications granted through National Court Reporters Association (NCRA) and the National Verbatim Reporters Association (NVRA). Some states only recognize certifications from the NCRA, but many will accept certifications from both organizations. Upon request, the contractor shall be able to provide the proper certification to ensure the Court Reporters and Transcribers Service providers meet state laws.

3.1 Court Reporting Services

Court Reporting Services require a qualified court reporter or court stenographer also called stenotype operator, shorthand reporter or law reporter, who transcribes spoken or recorded speech into written form, using shorthand, machine shorthand or voice writing equipment to produce official transcripts of court hearings, depositions, investigations and other official proceedings.

3.2 Transcription Services

Transcription Services are defined as the conversion of speech (either live or recorded) into a written or electronic text document, such as a computer file suitable for printing as a document or report. Common examples of transcription are the proceedings of court hearings, depositions, investigations and other official proceedings. Equipment used to capture and transcribe the data needs to be fully operational and serviceable at all times.

4.0 DELIVERABLE INFORMATION

4.1 Investigative Transcript

The Contractor shall prepare transcripts in the format prescribed by the Government and forward electronically through secured VA network. A Sample of the Investigation Transcript format is provided in Section D.

4.2 Deliverable Format

Transcript Specifications of Page Layout for Text Pages:

· The example format is provided in Section D.

· Each line will be numbered, maximizing 25 lines per page.

· Errata sheet will be included; and

· Each page will be numbered on the top right-hand corner.

· Company address may be placed as a footer at bottom of page.

4.3 Deliverable Submission

The transcript and full package shall be a PDF document(s) that are emailed to the Ordering Representative and shall be stored on the contractor’s secured server and made available to the VA upon request. Documents need to be stored for 30 days after the closure of the case. After 30 days records and documents shall be destroyed and a certification of destruction of information is provided to the COR as outlined in VA Directive 6300.

4.4 Cancellations

Any cancellation notice made within the first 24 hours of placing order will not be subjected to cancellation fees.

5.0 RELATIONSHIP OF THE PARTIES

These services are non-personal. Contractor personnel are not subject to the supervision and control of a Government officer or employee in accordance with (IAW) FAR) 37.104(a) (1) (ii). Rather, contractor personnel perform their duties IAW specific tasks outlined in the PWS. Supervisory functions such as hiring, directing, counseling, and firing of contractor personnel are not performed by the Government. Contractor personnel who furnish services under this contract are subject to Government technical oversight of the services provided. The Government retains the right to reject nonconforming services.

6.0 INSPECTION AND ACCEPTANCE OF DELIVERABLES

The Government will review finalized deliverables within three (3) business days of receipt and the Contractor will be notified by the COR of acceptance or rejection. The Government will not issue notice of acceptance until all required deliverables are received. In the event of rejection of any deliverables, the Contractor will be notified in writing and will have up to five (5) business days to correct the deficiencies at no cost to the Government. The Government will have three (3) business days to review subsequent submissions of the same deliverables.

The contractor shall forward all deliverables to the COR and/or Ordering Representative as indicated in the call order. The COR the Contractor shall issue invoice(s) for payment if not rejected by COR after 3 (three) business days. Invoice should be submitted in the payment system not later than (NLT) 30 days from rendering services. No payment will be made until the services or products are accepted as conforming to the requirements of the work order and this PWS.

7.0 PERFORMANCE STANDARDS

If the Contractor fails to furnish to ORMDI; OCHCO/LMR; and OAWP an accurately transcribed electronic copy of each witness affidavit for the entire work order within the specified time limit, the payment will be reduced by 3% for each business day in receipt. If it is necessary to have the investigation transcribed by another Contractor, the original Contractor shall have no claim for payment for the transcription of the unsatisfactory investigation.

5 days of the completion of individual testimony/examinations.

Direct observation

8.0 CONFIDENTIALITY AND NONDISCLOSURE

The Contractor(s) shall not retain any information or personal identifiers that are subject to the Privacy Act.

Confidentiality: The court reporter/transcriber shall not release and shall hold in strict confidence any information in any case and all information relating to the individuals and issues involved in the ORMDI investigation proceeding that he/she may gain knowledge of during performance of these services IAW FAR 52.239-1, and Privacy or Security Safeguards.

9.0 GOVERNMENT FURNISHED PROPERTY AND INFORMATION

The Government will not provide Government Furnished Property. The Government Ordering Representative will furnish information regarding assignments at the contract level.

10.0 PERSONNEL REQUIREMENTS

10.1 English Language Requirement

Contractor personnel shall be fluent and communicate in the English language, both written and oral communication.

10.2 Conflict of Interest

The contractor shall not employ any person who is an employee of the United States Government, if the employment of that person would create a conflict of interest.

11.0 SECURITY

11.1. GENERAL

Contractors, contractor personnel, subcontractors, and subcontractor personnel shall be subject to the same Federal laws, regulations, standards, and VA Directives and Handbooks as VA and VA personnel regarding information and information system security.

11.2. ACCESS TO VA INFORMATION AND VA INFORMATION SYSTEMS

a. A contractor/subcontractor shall request logical (technical) or physical access to VA information and VA information systems for their employees, subcontractors, and affiliates only to the extent necessary to perform the services specified in the contract, agreement, or task order.

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS). Verification of a Security Clearance must be processed through the Special Security Officer located in the Planning and National Security Service within the Office of Operations, Security, and Preparedness.

d. The contractor or subcontractor must notify the Contracting Officer immediately when an employee working on a VA system or with access to VA information is reassigned or leaves the contractor or subcontractor’s employ. The Contracting Officer must also be notified immediately by the contractor or subcontractor prior to an unfriendly termination.

11.3. VA INFORMATION CUSTODIAL LANGUAGE

a. Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

b. VA information should not be co-mingled, if possible, with any other data on the contractors/subcontractor’s information systems or media storage systems in order to ensure VA requirements related to data protection and media sanitization can be met. If co-mingling must be allowed to meet the requirements of the business need, the contractor must ensure that VA’s information is returned to the VA or destroyed in accordance with VA’s sanitization requirements. VA reserves the right to conduct on-site inspections of contractor and subcontractor IT resources to ensure data security controls, separation of data and job duties, and destruction/media sanitization procedures are in compliance with VA directive requirements.

c. Prior to termination or completion of this contract, contractor/subcontractor must not destroy information received from VA, or gathered/created by the contractor in the course of performing this contract without prior written approval by the VA. Any data destruction done on behalf of VA by a contractor/subcontractor must be done in accordance with National Archives and Records Administration (NARA) requirements as outlined in VA Directive 6300, Records and Information Management and its Handbook 6300.1 Records Management Procedures, applicable VA Records Control Schedules, and VA Handbook 6500.1, Electronic Media Sanitization. Self-certification by the contractor that the data destruction requirements above have been met must be sent to the VA Contracting Officer within 30 days of termination of the contract.

d. The contractor/subcontractor must receive, gather, store, back up, maintain, use, disclose and dispose of VA information only in compliance with the terms of the contract and applicable Federal and VA information confidentiality and security laws, regulations and policies. If Federal or VA information confidentiality and security laws, regulations and policies become applicable to the VA information or information systems after execution of the contract, or if NIST issues or updates applicable FIPS or Special Publications (SP) after execution of this contract, the parties agree to negotiate in good faith to implement the information confidentiality and security laws, regulations and policies in this contract.

e. The contractor/subcontractor shall not make copies of VA information except as authorized and necessary to perform the terms of the agreement or to preserve electronic information stored on contractor/subcontractor electronic storage media for restoration in case any electronic equipment or data used by the contractor/ subcontractor needs to be restored to an operating state. If copies are made for restoration purposes, after the restoration is complete, the copies must be appropriately destroyed.

f. If VA determines that the contractor has violated any of the information confidentiality, privacy, and security provisions of the contract, it shall be sufficient grounds for VA to withhold payment to the contractor or third party or terminate the contract for default or terminate for cause under Federal Acquisition Regulation (FAR) part 12.

g. If a VHA contract is terminated for cause, the associated BAA must also be terminated and appropriate actions taken in accordance with VHA Handbook 1600.01, Business Associate Agreements. Absent an agreement to use or disclose protected health information, there is no business associate relationship.

h. The contractor/subcontractor must store, transport, or transmit VA sensitive information in an encrypted form, using VA-approved encryption tools that are, at a minimum, FIPS 140-2 validated.

i. The contractor/subcontractor’s firewall and Web services security controls, if applicable, shall meet or exceed VA’s minimum requirements. VA Configuration Guidelines are available upon request.

j. Except for uses and disclosures of VA information authorized by this contract for performance of the contract, the contractor/subcontractor may use and disclose VA information only in two other situations: (i) in response to a qualifying order of a court of competent jurisdiction, or (ii) with VA’s prior written approval. The contractor/ subcontractor must refer all requests for, demands for production of, or inquiries about, VA information and information systems to the VA contracting officer for response.

k. Notwithstanding the provision above, the contractor/subcontractor shall not release VA records protected by Title 38 U.S.C. 5705, confidentiality of medical quality assurance records and/or Title 38 U.S.C. 7332, confidentiality of certain health records pertaining to drug addiction, sickle cell anemia, alcoholism or alcohol abuse, or infection with human immunodeficiency virus. If the contractor/subcontractor is in receipt of a court order or other requests for the above-mentioned information, that contractor/ subcontractor shall immediately refer such court orders or other requests to the VA contracting officer for response.

l. For service that involves the storage, generating, transmitting, or exchanging of VA sensitive information but does not require C&A or an MOU-ISA for system interconnection, the contractor/subcontractor must complete a Contractor Security Control Assessment (CSCA) on a yearly basis and provide it to the COTR.

11.4. INFORMATION SYSTEM HOSTING, OPERATION, MAINTENANCE, OR USE

a. VA prohibits the installation and use of personally owned or contractor/subcontractor owned equipment or software on VA’s network. If non-VA owned equipment must be used to fulfill the requirements of a contract, it must be stated in the service agreement, SOW or contract. All of the security controls required for government furnished equipment (GFE) must be utilized in approved other equipment (OE) and must be funded by the owner of the equipment. All remote systems must be equipped with, and use, a VA-approved antivirus (AV) software and a personal (host-based or enclave based) firewall that is configured with a VA approved configuration. Software must be kept current, including all critical updates and patches. Owners of approved OE are responsible for providing and maintaining the anti-viral software and the firewall on the non-VA owned OE.

11.5. SECURITY INCIDENT INVESTIGATION

a. The term “security incident” means an event that has, or could have, resulted in unauthorized access to, loss or damage to VA assets, or sensitive information, or an action that breaches VA security procedures. The contractor/subcontractor shall immediately notify the COTR and simultaneously, the designated ISO and Privacy Officer for the contract of any known or suspected security/privacy incidents, or any unauthorized disclosure of sensitive information, including that contained in system(s) to which the contractor/subcontractor has access.

b. To the extent known by the contractor/subcontractor, the contractor/subcontractor’s notice to VA shall identify the information involved, the circumstances surrounding the incident (including to whom, how, when, and where the VA information or assets were placed at risk or compromised), and any other information that the contractor/ subcontractor considers relevant.

c. With respect to unsecured protected health information, the business associate is deemed to have discovered a data breach when the business associate knew or should have known of a breach of such information. Upon discovery, the business associate must notify the covered entity of the breach. Notifications need to be made in accordance with the executed business associate agreement.

d. In instances of theft or break-in or other criminal activity, the contractor/subcontractor must concurrently report the incident to the appropriate law enforcement entity (or entities) of jurisdiction, including the VA OIG and Security and Law Enforcement. The contractor, its employees, and its subcontractors and their employees shall cooperate with VA and any law enforcement authority responsible for the investigation and prosecution of any possible criminal law violation(s) associated with any incident. The contractor/subcontractor shall cooperate with VA in any civil litigation to recover VA information, obtain monetary or other compensation from a third party for damages arising from any incident, or obtain injunctive relief against any third party arising from, or related to, the incident.

11.6. LIQUIDATED DAMAGES FOR DATA BREACH

a. Consistent with the requirements of 38 U.S.C. §5725, a contract may require access to sensitive personal information. If so, the contractor is liable to VA for liquidated damages in the event of a data breach or privacy incident involving any SPI the contractor/subcontractor processes or maintains under this contract.

b. The contractor/subcontractor shall provide notice to VA of a “security incident” as set forth in the Security Incident Investigation section above. Upon such notification, VA must secure from a non-Department entity or the VA Office of Inspector General an independent risk analysis of the data breach to determine the level of risk associated with the data breach for the potential misuse of any sensitive personal information involved in the data breach. The term 'data breach' means the loss, theft, or other unauthorized access, or any access other than that incidental to the scope of employment, to data containing sensitive personal information, in electronic or printed form, that results in the potential compromise of the confidentiality or integrity of the data. Contractor shall fully cooperate with the entity performing the risk analysis. Failure to cooperate may be deemed a material breach and grounds for contract termination.

c. Each risk analysis shall address all relevant information concerning the data breach, including the following:

(1) Nature of the event (loss, theft, unauthorized access);

(2) Description of the event, including:

(a) Date of occurrence;

(b) Data elements involved, including any PII, such as full name, social security number, date of birth, home address, account number, disability code;

(3) Number of individuals affected or potentially affected;

(4) Names of individuals or groups affected or potentially affected;

(5) Ease of logical data access to the lost, stolen or improperly accessed data in light of the degree of protection for the data, e.g., unencrypted, plain text;

(6) Amount of time the data has been out of VA control;

(7) The likelihood that the sensitive personal information will or has been compromised (made accessible to and usable by unauthorized persons);

(8) Known misuses of data containing sensitive personal information, if any;

(9) Assessment of the potential harm to the affected individuals;

(10) Data breach analysis as outlined in 6500.2 Handbook, Management of Security and Privacy Incidents, as appropriate; and

(11) Whether credit protection services may assist record subjects in avoiding or mitigating the results of identity theft based on the sensitive personal information that may have been compromised.

d. Based on the determinations of the independent risk analysis; the contractor shall be responsible for paying to the VA liquidated damages in the amount of $37.50 per affected individual to cover the cost of providing credit protection services to affected individuals consisting of the following:

(1) Notification;

(2) One year of credit monitoring services consisting of automatic daily monitoring of at least 3 relevant credit bureau reports;

(3) Data breach analysis;

(4) Fraud resolution services, including writing dispute letters, initiating fraud alerts and credit freezes, to assist affected individuals to bring matters to resolution;

(5) One year of identity theft insurance with $20,000.00 coverage at $0 deductible; and

(6) Necessary legal expenses the subjects may incur to repair falsified or damaged credit records, histories, or financial affairs.

11.7. TRAINING

a. All contractor employees and subcontractor employees requiring access to VA information and VA information systems shall complete the following before being granted access to VA information and its systems:

(1) Sign and acknowledge (either manually or electronically) understanding of and responsibilities for compliance with the Contractor Rules of Behavior, Appendix E relating to access to VA information and information systems;

(2) Successfully complete the VA Cyber Security Awareness and Rules of Behavior training and annually complete required security training;

(3) Successfully complete the appropriate VA privacy training and annually complete required privacy training; and (4) Successfully complete any additional cyber security or privacy training, as required for VA personnel with equivalent information system access [to be defined by the VA program official and provided to the contracting officer for inclusion in the solicitation document – e.g., any role-based information security training required in accordance with NIST Special Publication 800-16, Information Technology Security Training Requirements.]

b. The contractor shall provide to the contracting officer and/or the COTR a copy of the training certificates and certification of signing the Contractor Rules of Behavior for each applicable employee within 1 week of the initiation of the contract and annually thereafter, as required.

c. Failure to complete the mandatory annual training and sign the Rules of Behavior annually, within the timeframe required, is grounds for suspension or termination of all physical or electronic access privileges and removal from work on the contract until such time as the training and documents are complete.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

ORMI Court Reporting Services Contract Period: Base POP Begin:

POP End:

ORMI Transcription Services

ORMI Cancellation Fee - IAW the PWS

OCHO/LMR Court Reporting Service3s

OCHCO/LMR Transcription Services

OCHCO/LMR Cancellation Fee - IAW the PWS

OAWP Court Reporting Services

OAWP Transcription Services

OAWP Cancellation Fee - IAW the PWS

ORMI Court Reporting Services Contract Period: Option 1

ORMI Transcription Services

ORMI Cancellation Fee - IAW the PWS

OCHCO/LMR Court Reporting Services

OCHCO/LMR Transcription Services

OCHCO/LMR Cancellation Fee - IAW the PWS

OAWP Court Reporting Services

OAWP Transcript Services

OAWP Cancellation Fee - IAW the PWS

ORMI Court Reporting Services Contract Period: Option 2

ORMI Transcription Services

ORMI Cancellation Fee - IAW the PWS

OCHCO/LMR Court Reporting Services

OCHCO/LMR Court Reporting Services

OCHCO/LMR Cancellation Fee - IAW the PWS

OAWP Court Reporting Services

OAWP Transcription Services

OAWP Cancellation Fee - IAW the PWS

ORMI Court Reporting Services Contract Period: Option 3

ORMI Transcription Services

ORMI Cancellation Fee - IAW the PWS

OCHCO/LMR Court Reporting Services

OCHCO/LMR Transcription Services

OCHCO/LMR Cancellation Fee - IAW the PWS

OAWP Court Reporting Services

OAWP Transcription Services

OAWP Cancellation Fee - IAW the PWS

ORMI Court Reporting Services Contract Period: Option 4

ORMI Transcription Services

ORMI Cancellation Fee - IAW the PWS

OCHCO/LMR Court Reporting Services

OCHCO/LMR Transcription Services

OCHCO/LMR Cancellation Fee - IAW the PWS

OAWP Court Reporting Services

OAWP Transcription Services

OAWP Cancellation Fee - IAW the PWS

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SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated…