36C10X24R0054.pdf

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. UEI: EFT:

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. NOV 2021)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C10X24R0054

Shawn Johnson, shawn.johnson6@va.gov 07-08-2024

12:00PM EDT

36C10X

Strategic Acquisition Center - Frederick

Department of Veterans Affairs

5202 Presidents Court, Suite 103

Frederick MD 21703

X 100

X

561410

$19 Million

N/A

X

36C10X

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

Proceedings Support Services

Please see B.2 Performance Work Statement.

Questions are due on or before June 28, 2024 at 12:00 pm EDT.

Please send to CS Shawn Johnson, Shawn.Johnson6@va.gov and CO

Rebecca Ubert, Rebecca.Ubert@va.gov.

Proposals are due on or before July 8, 2024 at 12:00 pm EDT.

Please send to CS Shawn Johnson, Shawn.Johnson6@va.gov and CO

Rebecca Ubert, Rebecca.Ubert@va.gov.

All quotes shall be submitted in accordance with instructions to offerors in Section E.

See CONTINUATION Page

X X mailto:Shawn.Johnson6@va.gov mailto:Rebecca.Ubert@va.gov mailto:Shawn.Johnson6@va.gov mailto:Rebecca.Ubert@va.gov

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 NOTICE OF HYBRID CONTRACT

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (NOV 2021)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ...26

C.5 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.6 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.7 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.8 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) ..34

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (FEB 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 NOTICE OF HYBRID CONTRACT

E.2 SUBMISSION INSTRUCTIONS TO OFFERORS

E.3 EVALUATIONS

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (FEB 2024)

E.5 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.6 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.7 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.8 52.216-1 TYPE OF CONTRACT (APR 1984)

E.9 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.10 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

E.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE

(FEB 1998)

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:

b. GOVERNMENT: Contracting Officer 36C10G

Department of Veterans Affairs

5202 Presidents Court, Suite 103

Frederick MD 21703

2. 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

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other []

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment

Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

A. GENERAL INFORMATION

1. Title of Project: Board Proceeding Support Services

Background: On July 28, 1933, President Franklin D. Roosevelt created the Board of Veterans’ Appeals (Board) by Executive Order 6230, Veterans Regulation No. 2(a). The Board was delegated the authority to render the final decisions on appeal for the Administrator (now Secretary) and was directly responsible to the Administrator (Secretary). The Board was charged “to provide every possible assistance” to claimants and to take final action that would “be fair to the Veteran as well as the Government.”

The Board continues to meet this charge.

The Board is comprised of a Chairman, Vice Chairman, and such number of Veterans Law Judges and Board members as necessary to meet the Board’s mission to conduct proceedings and dispose of appeals properly before the Board in a timely manner.

2. Scope of Work: The Board of Veterans’ Appeals is seeking a qualified contractor(s) to provide legal proceeding support services, which include transcription, court reporting, and proofreading/editing of a provided transcript against a proceeding recording.

1. The goal of this contract is to ensure that all legal proceedings held by the Board are accurately transcribed and documented, with clear, concise, and unbiased reports, to support the Board in making well-informed, just decisions regarding Veteran's benefits disputes. The legal proceeding support services required under this PWS are:

2. Transcription Services: The contractor shall provide secure and accurate transcription services for all legal proceedings and labor dispute proceedings conducted by the Board. The contractor will be responsible for transcribing all audio and video recordings of legal proceedings and labor dispute proceedings conducted by the Board and its counsel.

3. Court Reporting Services: The contractor shall provide skilled and professional court reporters to assist with legal proceeding and labor dispute proceedings. The court reporter will be responsible for accurately recording all spoken dialogue, including questions, answers, and objections, during the proceeding/proceeding process.

4. Proofreading Services: The contractor shall provide a proofreading service to ensure that all proceeding transcripts are free from errors, omissions, or inaccuracies in spelling, grammar, and punctuation, and report on errors found. This includes any AI-generated transcripts with audio files provided by the Boards.

5. The contractor shall provide all resources required for the provision of legal proceeding support services under this contract, including personnel, equipment, software, and materials. The contractor will be responsible for meeting all service level agreements, quality standards, and timelines specified under the contract.

6. The successful contractor must have a minimum of five years of experience in providing legal proceeding support services to government agencies. They must also have a proven record of delivering timely and high-quality services, and must have all the necessary licenses, certifications, and accreditations to provide services to the Board.

7. The contract will be for a twelve-month base period of performance, with an option to extend for four additional twelve-month periods, subject to satisfactory performance evaluations.

3. Performance Objectives:

1. Accuracy and Timeliness: The contractor shall ensure that all legal proceedings are accurately transcribed and documented and submitted to the Board as specified within the Deliverables Schedule (Section 4)

2. Quality Assurance: The contractor shall conduct quality control checks on all transcripts to ensure that they are free from errors, omissions, and inaccuracies in spelling, grammar, and punctuation, with a 99% accuracy rate.

3. Professionalism: The contractor shall provide skilled and professional court reporters, translators, and interpreters who are fully fluent in the relevant languages and maintain a professional demeanor.

4. Confidentiality: The contractor shall maintain the confidentiality and security of all information obtained in connection with any proceeding, including any personal or medical information of the parties involved in the proceedings.

5. Efficiency: The contractor shall provide data analytics services that extract insights from proceeding transcripts, identify trends and patterns to improve proceeding efficiency and track key metrics through demonstrated measurable improvements.

6. Service Level Agreements: The contractor shall meet or exceed all service level agreements specified in the contract, including turnaround times, quality standards, and accuracy rates to reflect the level of service needed by the Board.

4. Deliverables Schedule:

Description Requirements Delivery Date

Task 1.1Kick Off Meeting and Roster

The contractor shall participate in a kickoff meeting within 10 Business days after award.

At the kickoff, the contractor shall brief its draft Project Management Plan. Following the briefing, the contractor shall submit its detailed Project Management Plan (PMP) electronic form to the Contracting Officer’s Representative (COR) for review and acceptance.

The Contractor shall provide a kickoff meeting agenda at least two (2) business days prior to the meeting. Meeting minutes shall be provided to Contracting Officer (CO), COR, and other attendees within three (3) business days after conclusion of the meeting. The Contractor shall coordinate with the COR to invite the CO, Contract Specialist (CS), COR, Within 10 business days of award unless waived by COR

Description Requirements Delivery Date and any other necessary VA personnel. Work shall not commence until the Board Project Manager approves the PMP.

Contractor shall provide a staff roster of employees that will be working on this contract at time of award throughout the period of performance. The Staff Roster will include but not be limited to the following: Full Legal Name, Onboard Date, Roll-off Date, Completion Dates of Required Training Certificates, and PIV Card/USACCESS Card expiration dates (if applicable). This roster shall be updated as required throughout the life of the contract.

Deliverables: Agenda, Briefing of Draft PMP, delivery of final PMP, Staff Roster, and meeting minutes.

Task 1.2 Reporting

Monthly Status Report: The Contractor shall provide a monthly status report (MSR) that addresses the invoices delivered, page count for the month, work orders completed in the required time, work orders not completed in the required time, number of transcript errors returned by the Board and an updated staff roster. The MSR shall include activities performed during the previous month and any issues realized during performance that would require Government attention.

Annual Summary Status Report: The Contractor shall provide a project summary status report summarizing work performed over the period of performance. The summary report shall include all items from the MSR and any additional significant items to reflect the summary nature of the report.

Deliverables: Monthly Status Report; Annual Summary Status Report

By the 5th of the month and within 10 business days of the end of the Period of Performance

Task 1.3 Transcription Services

The Contractor shall provide the specific deliverables described below within 10 business days for regular transcripts and 3 business days for expedited transcripts.

Work Order:

A work order will include a set number of audio files to be transcribed.

Standard-10 business days from transmission

Expedited-3 business days from transmission

Description Requirements Delivery Date

The Government will provide an electronic copy of each work order to the Contractor through a secure delivery method.

Transcript Format:

Transcripts shall be prepared in a manner acceptable to the Board. All transcripts will be in a clean verbatim transcription format.

Format requirements include letter size paper (8 ½” x 11”), Times New Roman 12 font, created in a program compatible with Adobe Portable Document Format programs. An electronic template cover page and a sample proceeding transcript will be provided to the Contractor (Attachment A1). The word Attachment (A1) will not appear on the deliverable transcript. Complete all inserts on the cover page or leave blank if information is not provided.

a. Clean/Literal Verbatim:

▪ The more Veteran-friendly version of transcripts (sometimes referred to simply as verbatim), eliminates distracting extras of non-verbal utterances/filler phrases, emotions, and sounds, resulting in accurate transcripts that make pure sense representing a true representation of the content of the testimony, including incorrect grammar.

▪ Literal verbatim, the less Veteran-friendly version of transcripts (also referred to as full verbatim or true verbatim), transcribes every sound, including non-verbal utterances/fillers.

(“er” “um” “uh” “I mean” “ah”, stutters, false starts, gestations, etc.,), sounds (sniffle, cough, clearing throat, papers shuffling, long pause) and emotions (laughter, tremors in voice, crying).

b. The Transcript Specifications of Page Layout for Text Pages are:

▪ Font – Times New Roman regular font size

▪ Top margin – 1.5 inches from the top of page

▪ Left and right margins – 1 inch each

▪ Bottom margin – 1 inch from the bottom of page

▪ Footer – page numbering, starting at the center, .5 inches from the bottom of the page starting on the first page

Description Requirements Delivery Date

▪ Footer – starting at the right, Veteran’s Legal Last Name, First Name, MI, and Veteran’s Claim Number ending in C or Social Security Number ending in S.

▪ Line spacing – typing shall be 1.5 line-spacing

▪ No indentations

▪ Double space at transitions between the participants in the proceedings

▪ No inserts of section page breaks

▪ File names will be saved as last name and last four of the claim number

Transcript submission:

All deliverables per work order will be returned in the same bundle as received in order by the due date.

Completed work order – A work order is not considered complete unless it includes transcriptions of all proceedings that were transmitted in the original work order, unless technical defects prevent the transcription of a proceeding.

The contractor is required to inform the Board as soon as is practical with audio defects that would prohibit the completion of a transcript within the specified time. The contractor must explain why a case cannot be transcribed, for example: Inaudible proceedings; recording level was too low can’t make out what is being said throughout the proceeding or the recording level was too high in which the audio is skipping or a buzzing in background throughout the proceeding. Incomplete proceedings: pre-conference proceeding information was captured only, and partial audio was captured on a proceeding which ended abruptly to advise and keep constant updates on transcript issues through the entire completion process. All means possible must be made to produce a full written transcript. It is an absolute last resort that must be sent an Inaudible Audio Letter offering the new proceeding due to the inability to produce a transcript from the original proceeding.

Electronic copy of the transcript in Adobe Portable Document Format shall be delivered by secure delivery method.

Contractors must appropriately label the Veteran’s PDF file with the Veteran’s last

Description Requirements Delivery Date name and last four digits of the claim number as received by the contractor.

Upon completion of the requirements associated with the work order, the Contractor will update the electronic work order and return the updated work order with all other deliverables that are due into the drive.

Deliverable: Prepared and Delivered electronic transcripts; updated work orders

Task 2: Court Reporting Services and Transcription of live virtual or in-person Proceedings

The Contractor shall prepare transcripts in the format prescribed by the Government and forward electronically through secured VA network.

IAW Task 1.3 of the PWS.

The Board reserves the right to cancel an assignment within 24 hours of scheduled request for Transcription and Court Reporting Services without cancellation penalties.

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.

10 business days from the completion of individual testimony/exami nations

Task 3: Proof-reading and Editing of AI-

The Contractor shall provide the specific deliverables described below within 3 business days10 business days for regular

Standard-10 business days

6. Period of Performance: Base period of twelve (12) months + Four (4) twelve (12) month option periods

7. Key Personnel: Approval of Key Personnel, as specified in Contractor’s Technical

Proposal who will be working on this project, must be obtained from the Government within five business days of any change in these Key Personnel. The Contractor’s Project Manager is a Key Person as defined by this section.

8. Type of Contract: This is a hybrid contract.

9. Place of Performance: The work shall be performed virtually or at place of performance specified at the Task Order level.

10. COR Authority: In no event is the COR empowered to change any of the terms and conditions of the contract. All changes, to any section of this contract, shall be made only by the Contracting Officer pursuant to a properly executed modification. The types of actions within the purview of the COR’s authority are to ensure that the Contractor performs the technical requirements of the contract, and to notify the Contracting Officer of any deficiencies observed. A Letter of Designation shall be issued to the COR and a copy shall be sent to the Contractor at the time of contract kickoff meeting or post-award conference setting forth in full the responsibilities and limitations of the COR.

Description Requirements Delivery Date generated transcripts transcripts and 3 business days for expedited transcripts.

Work Order:

A work order will include a set number of audio files along with preliminary AI-generated transcripts for each proceeding.

The Government will provide an electronic copy of each work order to the Contractor through a secure delivery method.

The Contractor shall proofread the preliminary AI-generated transcript while simultaneously listening to the corresponding audio file(s) and prepare a final transcript in accordance with the technical guidance in Task 1.3 above.

The Contractor will also prepare a separate errata sheet for each final transcript prepared to report to the Board the errors found during proofreading. The Contractor will return the final transcripts and errata sheets.

Deliverable: Prepared and Delivered electronic transcripts; errata sheets; updated work orders IAW Task 1.3 of the PWS

Expedited-3 business days

11. Hours of Work: Normal operational hours for the Board of Veterans’ Appeals are 8:00 – 5:00pm ET, Monday-Friday. Use of overtime is not applicable.

B. CONTRACT AWARD MEETING

The Contractor shall not commence performance on this contract until the Government has conducted a contract kickoff meeting, post-award conference or the COR has advised the Contractor that a kickoff meeting is waived.

C. GENERAL REQUIREMENTS

1. All written deliverables shall be phrased in layperson language. Statistical and other technical terminology shall not be used without providing a glossary of terms.

2. The Government shall complete their review of draft deliverables within 3 business days from date of receipt. The Contractor shall have 3 business days to deliver the final deliverable from date of receipt of the government’s comments.

D. SPECIFIC MANDATORY TASKS AND ASSOCIATED DELIVERABLES

Description of Tasks and Associated Deliverables: The Contractor shall provide the specific deliverables described below within the performance period stated in Section A- 6.

Task One: Transcription of recorded Proceedings

Contractor(s) shall provide all resources necessary to accomplish the deliverables described in this PWS.

The scope includes, but is not limited to, the accurate transcription of Board proceedings. Most of the proceedings are less than 60 minutes in length and are recorded on digital media.

Upon request by the Contracting Officer Representative (COR), or authorized individual, the Contractor shall accurately transcribe the entire proceeding and provide one electronic (PDF) copy per Deliverables Section. The contractor shall transcribe all audio recordings per work order. Deliverables will be returned in the same bundle of audio files as received in order by the due date.

Task Two: Court Reporting Services and Transcription of live virtual or in-person Proceedings

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.

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 proceedings, depositions, investigations, and other official proceedings.

Task Three: Proofreading Contractor(s) shall provide all resources necessary to accomplish the deliverables described in this PWS.

The scope includes, but is not limited to, the accurate editing/proofreading of AI-generated transcription of Board proceedings compared against digital recording. Most of the proceedings are less than 60 minutes in length.

Upon request by the Contracting Officer Representative (COR), or authorized individual, the Contractor shall accurately edit/proofread the transcription of the entire proceeding against the proceeding recording and provide one electronic (PDF) edited copy per Deliverables Section. Deliverables will be returned in the same as received in order by the due date.

E. CHANGES TO REQUIREMENT

Any changes to this solicitation shall be approved through written correspondence from the Contracting Officer.

F. TRAVEL

Any required travel will be documented at the Task Order level.

G. GOVERNMENT RESPONSIBILITIES

The Government shall provide access to proceedings, recordings of proceedings, and transcriptions for review, where applicable. The Government shall also provide on-site and/or electronic and/or phone access to Contractor personnel for Court Reporting services Monday through Friday between the hours of 8:00 and 5:00 pm (EST), excluding Federal holidays. In addition, the Government will provide access to systems necessary for sending and receiving required documents and media. The Government will also provide notification of any systems outages and access to system help desks.

H. CONTRACTOR PERSONNEL REQUIREMENTS

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

2. 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.

K. QUALITY CONTROL

After contract award, the Contractor shall implement and follow the Quality Control Plan or Quality Assurance and Surveillance Plan (QASP) that it submitted as part of its proposal and as accepted by the Government. The solution based PMP using the Quality Control Plan or QASP with performance goals and acceptable quality levels is necessary to ensure quality for this project. The Contractor shall address any issues meeting established Government performance goals as needed. The Contractor will provide full access of its internal QASP for the COR to monitor performance.

L. QUALITY ASSURANCE

As stated in the Quality Control Plan or QASP, the Government shall evaluate the Contractor's performance under this agreement. For those tasks listed in the Quality Control Plan or QASP, the COR or evaluators shall follow the methods of surveillance specified in this agreement. The Government shall record all surveillance observations. When an observation indicates defective performance, the COR shall forward the observation to the Contractor manager or alternate(s), who shall initial the observation. The initialing of the observation does not necessarily constitute concurrence with the observation, only acknowledgment that he or she has been made aware of the defective performance. Government surveillance of tasks not listed in the Quality Control Plan/QASP or by methods other than those listed in the Quality Control Plan/QASP may occur during the performance period of this agreement. Such surveillance shall be done according to standard inspection procedures or other agreement provisions. Any action taken by the contracting officer because of surveillance shall be in accordance with the terms of this agreement.

M. PERFORMANCE EVALUATION MEETINGS

The Contracting Officer may require the Contractor to meet with Government personnel as deemed necessary. The Contractor may request a meeting with the Contracting Officer or COR when Contractor believes such a meeting is necessary. At a minimum, the Contractor Project Manager (and other key personnel), and the Contracting Officer or COR (or other Government personnel, as deemed necessary) shall meet periodically as needed to discuss the ongoing operation of the agreement. The Contractor shall prepare written minutes of such meetings, which shall be recorded in the agreement file. The Contractor Project Manager and the COR shall sign the minutes indicating their approval or provide in writing their non-concurrence within five business days following receipt of the minutes.

O. HOURS OF OPERATION

Except as otherwise set forth in this agreement or for scheduled maintenance, the Contractor shall conduct work in accordance with normal operational hours for the Board of Veterans’ Appeals are 8:00am – 5:00pm ET, Monday-Friday.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE AMOUNT

GRAND

TOTAL

SECTION C - CONTRACT CLAUSES

C.1 NOTICE OF HYBRID CONTRACT

This is a Firm-Fixed-Price, Labor-Hour type contract.

The following symbols will appear next to the applicable clauses and provisions throughout this document.

$ = applicable to Fixed-Price line items only.

@ = applicable to Cost-Reimbursement line items only.

& = applicable to Time-and-Material/Labor-Hour line items only.

C.2 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023) ALTERNATE I (NOV

2021)

(a) Inspection/Acceptance.

(1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The

Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may—

(A) By contract or otherwise, perform the replacement or correction, charge to the

Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to—

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the

Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace

Government-furnished property shall be governed by the clause pertaining to Government property.

(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 Federal Acquisition Regulation (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.

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause—

(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are—

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) Materials means—

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(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) Payments.

(1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:

(i) Hourly rate.

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the

Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.

(2) Failure to agree upon these overtime rates shall be treated as a dispute under the

Disputes clause of this contract.

(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.

(ii) Materials.

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the—

(1) Quantities being acquired; and

(2) Any modifications necessary because of contract requirements.

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the

Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the

Contractor—

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall—

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.

(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph

(i)(1)(ii)(B) of this clause:

(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price:

(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the

Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the

Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) Access to records. At any time before final payment under this contract, the Contracting

Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment—

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost—

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting

Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the

Government has otherwise overpaid on an 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)(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, and then at the rate applicable for each six month period as established 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…