36C24222Q0056_1.docx

36C24222Q0056

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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

36C24222Q0056 11-16-2021

MASTYKARZ, TEVIA

716-862-7461 11-26-2021

10:00 AM EST

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227 x X 561492 $16.5 Million N/A X See Statement of Work

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

Tungsten Network https://www.tungsten-network.com/ customer-campaigns/ veteransaffairs See CONTINUATION Page The Department of Veterans Affairs Network Contracting Office 02 (NCO02) intends to establish one or more Blanket Purchase Agreements (BPA) for the locations listed in the Statement of Work included herewith for Court Reporting Services.

Period Of Performance : 01/01/2022 to 12/31/2026 ** All questions must be submitted by Monday, November 22, 2021 by 12:00 PM EST.

Quotes shall be emailed to Tevia.Mastykarz@va.gov.

** SEE QUOTE SUBMISSION INSTRUCTIONS IN SECTION E.1 AND EVALUATION

EVALUATION INFORMATION IN E.3

See CONTINUATION Page To be funded by individual facility Task Orders.

X X X Joseph Cellino Contracting Officer Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PRICE/COST SCHEDULE

ITEM INFORMATION

( Refer to Section D for attachment -Price Schedule - Court Reporting )

B.2 TERMS AND CONDITIONS

The Contractor agrees to the following terms and conditions herein to establish a Blanket Purchase Agreement (BPA) with VHA Network Contracting Office 02 to provide the services described in the work statement included herein. All Calls/Orders placed against this BPA are subject to the terms and conditions of this BPA.

B.3 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between _________________ and the Department of Veterans Affairs under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

DUNS NUMBER:

Cognizant Office (Include complete address):

Department of Veterans Affairs Network Contracting Office (NCO) 2 2875 Union Road Suite 3500 Cheektowaga NY 14227

B.4 PRICING

Contract Services as described herein, with associated pricing, can be ordered under this BPA. As proposed, the Contractor will apply applicable line-item pricing to all orders issued under this Agreement. Orders may be awarded on a Firm-Fixed-Price basis only but may be issued in not-to-exceed amounts where exact quantities required are unknown in advance.

B.5 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that services will be required in the quantities and locations included in the Statement of Work. The individual order limit is $100,000.00. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Ceiling Limit of the Agreement is set at $500,000.00 over the period covered by the Agreement; this ceiling is also not a guarantee. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.6 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

B.7 INVOICES

Invoices received from the Contractor must include the Order Number and Obligation PO Number that will be provided for all services ordered off of this BPA. Invoice amounts shall be based on actual services rendered as orders may be issued in not-to-exceed amounts.

Payment of invoices are to be made in arrears, upon certification of invoice. Invoices shall be submitted to the URL included on page 1, block 18a. Ensure the obligation # and a company invoice # is included on the invoice.

B.8 STATEMENT OF WORK

1.1 GENERAL

The Contractor shall provide all personnel, equipment, tools, materials, supplies, vehicles, certifications, supervision, and all other technologies and technical services to provide Remote/Telephonic and (in rare cases) On-Site Court Reporter services for the VA Medical Centers (VAMC) identified below upon request. The services may be required for, but not limited to: Administrative Investigations, Disciplinary Appeals Boards (DAB), Equal Employment Opportunity (EEO) hearings or other meetings that require legal documentation.

Hearings, boards, or testimony recordings will be transcribed through conference call with the Court Reporter online. In rare cases, they may be required to take place at the following facilities or nearby designated locations:

Albany Stratton VA Medical Center 113 Holland Avenue Albany, NY 12208

Finger Lakes VA Healthcare System Canandaigua VAMC 400 Fort Hill Avenue Canandaigua, NY 14424-1159

Bath VAMC 76 Veterans Avenue Bath, NY14810

Hudson Valley VA Healthcare System 41 Castle Point Road Wappinger Falls, NY 12590

2094 Albany Post Road Montrose, NY 10548

James J. Peters VA Medical Center 130 West Kingsbridge Road Bronx, NY 10468

New Jersey VA Healthcare System East Orange Campus 385 Tremont Avenue East Orange, NJ 07018

Lyons Campus 151 Knollcroft Road Lyons, NJ 07939

New York Harbor VA Healthcare System 800 Poly Place Brooklyn, NY 11209

423 East 23rd Street New York, NY 11010

Northport VA Medical Center 79 Middleville Road Northport, NY 11768

Syracuse VA Medical Center 800 Irving Avenue Syracuse, NY 13210

Western New York (Buffalo) VA Healthcare System

2.1 PERIOD OF PERFORMANCE

The ordering period for this Blanket Purchase Agreement (BPA) shall be from 01/01/2022 to 12/31/2022 for the base year with four (4) Option Years as follows: 01/01/2023 to 12/31/2023, 01/01/24 to 12/31/2024, 01/01/2025 to 12/31/2025, and 01/01/2026 to 12/31/2026.

Court reporting requirements shall occur intermittently throughout each fiscal year; the requirement may be an urgency of need with only 48 hours advance notice. However, the VAMC shall strive to inform the Contractor at least seven (7) days in advance.

3.1 BACKGROUND INFORMATION

It is the intent of this document to establish a non-personal service BPA contract for the VA Medical Centers listed herein IAW FAR 13. The maximum aggregate amount of all orders shall not exceed $500,000.00.

The chart below represents best-known estimates for the total number of exams performed per year.

NOTE: These quantities are estimates only. Actual quantities may be more or less of these estimated amounts.

The term “Administrative Investigation” (AI) refers to a systematic process for determining facts and documenting evidence about matters of significant interest to VA. AIs are conducted to collect and analyze evidence to determine what actually happened and why it happened, so that individual and systemic deficiencies can be identified and effectively corrected. These investigations are governed by VA Directive 0700, Administrative Investigations and VA Handbook 0700, Administrative Investigations. These investigations are established by the Medical Center Director as the convening authority. Administrative Investigation Boards are not scheduled in advance; therefore, short notice will be provided for the need of transcription services. Once scheduled, the schedule may change or even be cancelled at any time up until the time scheduled because of unforeseen events that may arise.

The number of witnesses can only be estimated in advance of the start of the process and may change during the course of the investigation or activity.

The term “ Administrative Investigation Board” (AIB) refers to matters of alleged employee misconduct or potential systemic deficiencies related to VA policies or procedures, VA may use an AIB as a tool to collect evidence and determine the facts surrounding the matter being investigated.

The Disciplinary Appeals Board (DAB ) hearing is available to VA employees when a disciplinary action (major adverse action, e.g. termination or reduction in grade) involves a question of professional conduct or competence.

The Equal Employment Opportunity Office (EEO) is an organization tasked with providing transcription services for EEO complaints of alleged discrimination and harassment for the Department of Veterans Affairs (VA).

4.1 PERSONNEL

The Contractor shall provide only qualified certified Court Reporters who are certified in a manner deemed as the accepted standard of competence or standards by the stenographer/court reporter professional standards of practice to perform these services. Only one Court Reporter shall be assigned to each administrative process from its beginning to end. If an unforeseen emergency should occur that would require absence of the assigned Court Reporter, the proposed substitute shall have comparable qualifications to those of the person being replaced. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer (CO).

The Contractor must provide competent, efficient Court Reporters who are experienced and who are certified in a manner deemed as the accepted standard of competence or standards by the stenographer/court reporter professional standards of practice to perform these services. Court Reporters must have at least one year experience in court reporting and have the necessary training and education required in Court Reporting along with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. The Court Reporter must hold the certification as a National Court Reports Association (NCRA) Registered Professional Reporter (RPR). Appropriate credentials must be provided upon request. The Court Reporter shall be punctual and present at all proceedings, demonstrate a professional demeanor, and provide all the necessary equipment to perform their duties and accomplish the deliverables described below. VAMC will provide seating and a work surface for the Court Report to perform their duties, if on-site service is requested. The court reporter shall read portions of transcript during the proceedings at the request of the board or other presiding body and ask speakers to clarify inaudible statements. Proceedings may occur over multiple days and the services of the Court Reporter may be needed for varying lengths of time each day. Court Reporters who have experience with the Administrative Investigation Board (AIB) process, Equal Opportunity Hearing, Human Resources Management Merit System Protection Board (MSPB) or arbitration hearings are preferred in the performance of this contract.

5.1 OATHS - The Reporter shall be competent to administer oaths.

The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor.

The contractor shall ensure that all assigned court reporters perform all work in a professional business-like manner and in accordance with the best standards of the reporting profession and the contractor.

Conflict of Interest: The contractor shall not assign any person who is an employee of the United States Government to work under this contract if that employment would appear to cause a conflict of interest.

If, after notice of a proposed hearing, the Contractor’s employee does not appear at the time and place specified for the hearing, the contractor shall be responsible for finding another equally qualified individual for the hearing. The Contractor may be responsible for the reimbursement to the VA Medical Center for any expenses over and above that which would have been incurred if the Contractor had performed in accordance with this Performance Work Statement. The Government may deduct such expenses from any other sums due or that may become due the Contractor.

During the life of this contract, there may be a need or an occasion that may arise that will require the services of the Court Reporter Services at another location other than these mentioned.

6.1 PERSONNEL SECURITY REQUIREMENTS

The Contractor will be responsible for ensuring compliance by its employees with the security regulations of the Veteran’s Administration for whom work is performed under this Contract. A Business Associate’s Agreement (BAA) will be entered into by both parties. All contractor employees and subcontractors participating under this contract are required to complete the VA's Privacy and Information security training requirement - “VA Privacy and Information Security Awareness and Rules of Behavior Training” - TMS Code “10176” as well as “VA Privacy and HIPAA Training” - TMS Code “10203”. Contractors will set up a TMS account and choose the COR as their supervisor in their TMS account. Contractors must provide certifications of completion to the COR for both trainings during each year of the contract. Training expires 365 days after the training is taken. This requirement is in addition to any other training that may be required of the contractor and subcontractor(s). The COR for the contract is responsible for ensuring the contractor has access to TMS to take training and to follow up with the annual requirements.

The information obtained in the performance of this contract is considered to be confidential and must not be revealed to anyone who is not authorized to know. Portions of information disclosed during the performance of this contract are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

Commitment to Protect Sensitive Information. The Contractor and its employees shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records) and any other pertinent laws and regulations governing the confidentiality of sensitive information.

In the performance of official duties, the Contractor's employees may have access to information containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 USC 552a); the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); Federal Regulations and statutes; and VAMC policies and standard operating procedures. The Contractor and Contractor's employees are responsible for:

· Protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion.

· Completing annual privacy training that conforms to the requirements of VHA Privacy Training.

· Completing annual security awareness training that conforms to the requirement of the Department of Veterans Affairs Office of Cyber and Information Security Training.

· Within 24 hours of first becoming aware of a HIPAA Electronic Transaction and Code Set, Privacy, Security or Standard Identifier Incident, or use or Disclosure of PHI not provided for by this contract, notify the COR and CO, and promptly provide a report to the COR and CO.

· An incident will be considered any attempted or successful unauthorized access to, use, disclosure, modification, or destruction of, or interference with PHI, or an event that causes the VAMC to be considered non-compliance with the Administrative Simplification provisions of HIPAA as determined by the Department of Health and Human Services.

· Use only contractors, subcontractors, or agents who are physically located within a jurisdiction subject to the laws of the United States. Ensure there is no use or disclosure of PHI received from the VAMC in any way that will remove the PHI from such jurisdiction.

· Upon completion of the applicable contract(s), return all PHI gathered, created, received, or processed during the performance of the contract(s), and no data will be retained by the Contractor, or any agents or subcontractors, unless retention is required by law or regulation or expressly permitted herein.

· Assure that all PHI has been returned to the COR.

· If immediate return of all data is not possible, assure that all PHI retained will be safeguarded to prevent unauthorized uses or disclosures. Until assurance is provided, the Department of Veterans Affairs may withhold 15% of the final payment of the contract(s).

· 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).

· 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.

· 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. The VISN 2 Privacy Officer should be informed any time that the contractor discloses PHI outside of the VA and the contractor would keep an accounting of disclosure. The VISN 2 Privacy Officer will give the necessary guidance.

· 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.

· The contractor will implement appropriate administrative, physical, and technical safeguards and controls to protect PHI and document applicable policies and procedures to prevent any use or disclosure of PHI other than as provided by this contract.

· The contractor shall not take any action in response to a Veteran’s request for Right of Access, Right to Request Amendment, Right to Request Restriction, Right to Request an Accounting of Disclosure, etc. without first contacting the VISN 2 Privacy Officer. He or she will give necessary direction.

Confidentiality. All Contractor personnel performing services under this contract must complete a confidentiality certification.

7.1 QUALITY CONTROL.

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

The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts.

8.1 HOURS OF OPERATION.

Normal Business Hours. The VA Medical Center’s normal business hours are 8:00AM to 4:30PM, Monday through Friday, excluding Federal Holidays. Services required by this contract will typically only be required during normal business hours. Occasionally, service may be required outside of these hours.

Federal Holidays. Service will not be required on Federal Holidays. The eleven holidays observed by the Federal Government are: New Year’s Day; Martin Luther King’s Birthday; President’s Day; Memorial Day; Juneteenth ; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday. In the event a holiday falls on a weekend day (Saturday or Sunday), the normal observance is the connecting weekday.

9.1 SPECIFIC TASKS

The contractor agrees that, at a minimum, all assigned court reporters shall:

· Prior to the scheduled meeting time:

· Contact the Medical Center POC 15 minutes prior to the start time to confirm any necessary information including virtual platforms (e.g., Microsoft Teams, WebEx, Zoom) or other means of accessing the meeting.

· In the case of on-site service: Present himself/herself to the presiding COR in order to obtain a Temporary Identification badge from the appropriate VA Office. (Estimated time for this is 30 minutes.) This badge will have to be returned by the Contracted Employee to the VA issuing office upon completion of the assignment.

· After receipt of badge, proceed to the designated hearing location and have all equipment set up and ready by the scheduled hearing time.

· Adhere strictly to the instructions of the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.

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

Electronic Transcripts must be submitted using encrypted email, or similar protected means approved by the CO. Hard copies, when required, shall be delivered in a manner that prevents unauthorized access.

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

The contractor shall be fully responsible for all loss or damage to materials during performance while in the contractor’s care and custody. The contractor shall keep accurate records of the materials picked up from the government. The listing shall include a list of materials, the status of the assignment and the case number assigned by the Government.

10.1 HEARING AND DELIVERABLES TIMELINES:

The Administrative Investigation Boards have an established timeframe for completion of 45 calendar days of the date the AIB is convened; whereby sworn or affirmed testimony is obtained by a team charged with investigating a particular issue or event. Transcribed testimony must be returned to the Team Leader within 5 business days of each testimony in order for the deadline to be met. In the event that an extension of time should become necessary for completion beyond the initial 45-day period, the presiding official/Team Leader will notify the Court Reporter of this change.

DAB Hearings have a short turnaround time for completion. This requires overnight electronic delivery and original transcript delivered by 3 Days after the hearing. Transcribed testimony must be returned to the Team Leader within 3 business days of each testimony in order for the deadline to be met.

The specific turnaround required for each task will be communicated to the contractor upon placing an order.

11.1 TRANSCRIPTION FORMAT:

The Court Reporter shall index each individual transcript and include behind each bound testimony a tabbed index stating, “WORD INDEX.” The evidence and information gathered during the course of the investigation shall be organized in an appropriately indexed investigative file that includes a numerical or alphabetical list of each time a symbol, number or word was used and the page number and line number.

The transcribed testimony product must be accurate, double-spaced, printed, and bound in a satisfactory manner, according to accepted standards for court reporting, which at a minimum includes one original and one copy of each witnesses’ testimony. All are to be securely fastened with metal prongs (not plastic binding). Line numbers must be listed in the left margin and the page number in the bottom right corner of each page. The court reporter shall include their signed, dated, and officially sealed certificate as the last page of the testimony.

An “ACKNOWLEDGEMENT” sheet shall be included as the last page of each testimony to include a certification statement at the top that the testimony is accurate to include blanks for a date to be filled in and a signature block for each. The second half of this acknowledgement sheet shall include a place for corrections, i.e., Page No. ____, Line No. ____, and a blank to write in the corrections.

Visible Black Character

A Visible Black Character is defined strike-able and visible characters and includes any printed letter, number, symbol, and/or punctuation mark excluding any or all formatting (e.g., bold, underline, italics, table structure, formatting codes). All visible black characters can be seen with the naked eye as a mark, regardless of whether viewed electronically or on a printed page.

Visual Black Character (VBC) Line or ASCII no Spaces Line. A VBC Line is defined as the total number of characters you can see with the naked eye, divided by 65. It includes any character contained within a header or footer. Spaces, carriage returns, and hidden format instructions, such as bold, underline, text boxes, printer configurations, spell check, etc., which are not counted in the total character count. A VBC Line is calculated by counting all visual characters and simply dividing the total number of characters by 65 to arrive at the number of defined lines.

All documents shall by typed using black ink on white good quality paper. Paper shall be 8 ½ by 11 inches with ruled margin of 1.5” at the left side and ruled margin of 0.5” at the right side, and a ruled margin of 1” at the top and bottom . A number indicating each line of the document upon each page, i.e., 1 to 25 inclusive, shall be printed at the left side of the left marginal line of the original and copies of the transcript.

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

In the original and each copy of the transcript, outside the ruled margin, the cover page, and each subsequent page of the transcript (including the Certificate and Acknowledgement) shall show the name, address, and phone number of court reporting service centered at the bottom and the page number of the transcript in the bottom right corner.

Transcripts shall be authenticated by the Official Reporter by a Certificate and Acknowledgement page.

Retention of Notes and Transcripts: The Contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under this contract, and typed plate made therefrom, shall be filed, and held by the contractor, subject to authority and control of the Department of Veterans Affairs for a period of one year.

Should the Contractor cause the Government to re-hear any case or hearing or other proceeding, the Contractor shall provide the reporting services at that re-hearing at no cost to the Government.

12.1 ORDERING PROCEDURES

This BPA does not obligate funds. The Government is only obligated to the extent of authorized Orders issued under this BPA.

The VA may elect to award a single BPA or to award multiple BPAs (up to 3) for this requirement. Oral or email requests will be sent out to all BPA holders when a service is required. BPA holders may offer discounted pricing but cannot exceed the line-item prices established on this BPA. The VA will issue the order to the BPA holder offering the best value. Competition is being conducted at the BPA award level as the VA does not intend to seek competition outside of the BPA holders to obtain the services described herein, whether a single or multiple BPAs are awarded. Orders will be issued in estimated not-to-exceed (NTE) amounts.

The VA will attempt to provide as much advance notice as possible. The VA expects to typically issue orders for service with 7 days advance notice; however, the contractor shall be responsible for providing services given as little as 48 hours’ notice.

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SECTION C - CONTRACT CLAUSES

52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT 2018) INCLUDED BY REFERENCE ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2020)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.

(End of Clause) C.2 52.222-49 SERVICE CONTRACT LABOR STANDARDS—PLACE OF PERFORMANCE UNKNOWN (MAY 2014)

(a) This contract is subject to the Service Contract Labor Standards statute, and the place of performance was unknown when the solicitation was issued.

(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.

(End of Clause)

C.3 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors.

ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

(a) Definition. As used in this clause -

United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86 FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause) C.4 VHA Supplemental Contract Requirements for Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Amended October 25, 2021)

1. Contractor employees who work in or travel to VHA locations must comply with the following:

1. Documentation requirements:

0. If fully vaccinated, shall show proof of vaccination.

0. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

0. If unvaccinated and granted a medical or religious exception, shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test.

0. Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

0. Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

1. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

1. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. Contractor agrees to comply with FAR 52.232-99 and VHA Supplemental Contract Requirements for any orders issued under this agreement.

C.5 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

(a) The Contractor agrees to comply with any provision or clause that is incorporated herein by reference to implement agency policy applicable to acquisition of commercial items or components. The following provisions and clauses that have been checked by the Contracting Officer are incorporated by reference.

[X] 852.203–70, Commercial Advertising.

[] 852.209–70, Organizational Conflicts of Interest.

[] 852.211–70, Equipment Operation and Maintenance Manuals.

[] 852.214–71, Restrictions on Alternate Item(s).

[] 852.214–72, Alternate Item(s). [Note: this is a fillable clause.] [] 852.214–73, Alternate Packaging and Packing.

[] 852.214–74, Marking of Bid Samples.

[] 852.215–70, Service-Disabled Veteran-Owned and Veteran-Owned Small Business Evaluation Factors.

[] 852.215–71, Evaluation Factor Commitments.

[] 852.216–71, Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–72, Proportional Economic Price Adjustment of Contract Price(s) Based on a Price Index.

[] 852.216–73, Economic Price Adjustment—State Nursing Home Care for Veterans.

[] 852.216–74, Economic Price Adjustment—Medicaid Labor Rates.

[] 852.216–75, Economic Price Adjustment—Fuel Surcharge.

[] 852.219–9, VA Small Business Subcontracting Plan Minimum Requirements.

[X] 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

[] 852.219–11, VA Notice of Total Veteran-Owned Small Business Set-Aside.

[] 852.222–70, Contract Work Hours and Safety Standards—Nursing Home Care for Veterans.

[] 852.228–70, Bond Premium Adjustment.

[] 852.228–71, Indemnification and Insurance.

[] 852.228–72, Assisting Service-Disabled Veteran-Owned and Veteran-Owned Small Businesses in Obtaining Bonds.

[X] 852.232–72, Electronic Submission of Payment Requests.

[X] 852.233–70, Protest Content/Alternative Dispute Resolution.

[X] 852.233–71, Alternate Protest Procedure.

[] 852.237–70, Indemnification and Medical Liability Insurance.

[] 852.246–71, Rejected Goods.

[] 852.246–72, Frozen Processed Foods.

[] 852.246–73, Noncompliance with Packaging, Packing, and/or Marking Requirements.

[X] 852.270–1, Representatives of Contracting Officers.

[] 852.271–72, Time Spent by Counselee in Counseling Process.

[] 852.271–73, Use and Publication of Counseling Results.

[] 852.271–74, Inspection.

[] 852.271–75, Extension of Contract Period.

[] 852.273–70, Late Offers.

[] 852.273–71, Alternative Negotiation Techniques.

[] 852.273–72, Alternative Evaluation.

[] 852.273–73, Evaluation—Health-Care Resources.

[] 852.273–74, Award without Exchanges.

(b) All requests for quotations, solicitations, and contracts for commercial item services to be provided to beneficiaries must include the following clause:

[] 852.237–74, Nondiscrimination in Service Delivery.

(End of Clause)

C.6 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(k)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) X Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs as set forth in 852.219-10 or VOSBs as set forth in 852.219-11. Any work that a similarly situated VIP-listed subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating section 1001 of title 18.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. The Contracting Officer may, at their discretion, require the Contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the Contracting Officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed, and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification:

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ________________________________________

Printed Title of Signee: _________________________________________

Signature: ___________________________________________________

Date: _____________________

Company Name and Address: ________________________________________

(End of clause) C.7 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.

(b) Accordingly, any contract resulting from this solicitation is subject to the limitation on subcontracting requirements in 13 CFR 125.6, or the limitations on subcontracting requirements in the FAR clause, as applicable. The Contractor is advised that in performing contract administration functions, the Contracting Officer may use the services of a support contractor(s) retained by VA to assist in assessing the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirements specified in the clause. To that end, the support contractor(s) may require access to Contractor's offices where the Contractor's business records or other proprietary data are retained and to review such business records regarding the Contractor's compliance with this requirement.

(c) All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and Disclosure of Conflicts of Interest Agreement” to ensure the Contractor's business records or other proprietary data reviewed or obtained in the course of assisting the Contracting Officer in assessing the Contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs.

(d) Furthermore, if VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the Contractor to protect proprietary information as required by FAR 9.505-4, Obtaining access to proprietary information, paragraph (b). The Contractor is required to cooperate fully and make available any records as may be required to enable the Contracting Officer to assess the Contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

(End of Clause) C.8 VAAR 852.219-75 SUBCONTRACTING COMMITMENTS MONITORING AND COMPLIANCE (JUL 2018)

(a) This solicitation includes the clause: 852.219–10, VA Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside.