36C24524Q0103.docx

36C24524Q0103

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

36C24524Q0103

Jameel Gordon, jameel.gordon@va.gov

12-11-2023

5:00PM

EST

36C245 Department of Veterans Affairs Network Contracting Office 5 Perry Point VA Medical Center Building 101C Perry Point, MD 21902

X

561492

N/A

36C245 Department of Veterans Affairs

VISN 5

All VHA Facilities in VISN

36C245 Department of Veterans Affairs Network Contracting Office 5 Perry Point VA Medical Center Building 101C Perry Point, MD 21902

PAYMENT WILL BE MADE BY

FSC e-Invoice Payment Invoice must be submitted electronically http://www.fsc.va.gov/einvoice.asp Invoice Setup Information 1-877-489-6135

See CONTINUATION Page Court Reporter, Transcription Services This RFQ is for multiple award BPA covering VISN 5:

Washington DC, Baltimore, MD, Perry Point, MD, Beckley, WV, Clarksburg, WV, Huntington WV, Martinsburg, WV and Lock Raven VA Medical Center.

This will be a multiple award Blanket Purchase Agreement for services with a five-year ordering period.

Expected Period of Performance: 2/8/2024 - 2/7/2029

Contractor shall be responsible for the correct title classification of workers and compliance with all applicable wage and hour laws.

One amendment will be posted to answer all questions received by the deadline. Please submit any questions in writing to: jameel.gordon@va.gov by 11/24/23 5:00PM EST.

No phone calls will be accepted.

See CONTINUATION Page

Jameel Gordon

Table of Contents

36C24524Q0103

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK

SECTION 1 GENERAL

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 Court Reporter services for the VAMC and CBOCs within VISN 5 upon request. The services may be required for, but not limited to: Administrative Investigations, Disciplinary Appeals Boards, Equal Employment Opportunity (EEO) hearings or Merit Systems Protection Board (MSPB) hearings, Office of Resolution Management, or Regional Counsel requirements. It will also be used for any other meetings that require legal documentation.

1.2 BACKGROUND INFORMATION

It is the intent of this document to establish a non-personal performance-based service contract for the VA Medical Center. 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.

EEO Hearings and MSPB and/or arbitration hearings are similar processes and are established by a judge or other government source. EEO Hearings may be scheduled a few weeks in advance; MSPB hearings may be scheduled several weeks to a month or more in advance. These hearings may also have to be rescheduled or cancelled because of unforeseen events. 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.

1.4. PERSONNEL

1.4.1. The Contractor shall provide only qualified certified Court Reporters 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 Representative (COR) and Contracting Officer (CO).

1.4.2. The vendor must provide competent, efficient Court Reporters who are experienced and have the necessary training and education in Court Reporting with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. Court Reporters must have at least one year of 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), or equivalent (determination of equivalency at the discretion of VAMC). 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. 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.

1.4.3 OATHS AND NOTARY SERVICES - The Reporter shall be competent to administer oaths. Depositions shall be transcribed by a duly authorized notary. No separate fee is to be charged for notary services, administering oath, or affixing seal.

1.4.4. The vendor shall assume full responsibility for the protection of its personnel furnishing services under this contract, in accordance with the personnel policy of the vendor. To carry out this responsibility, the contractor shall provide the following for these personnel:

· Worker’s compensation

· Professional liability insurance NOTE: A copy of liability insurance on an individual must be presented to the CO prior that person being assigned to this facility.

· Health examinations

· Income tax withholding, and

· Social security payments

1.4.5. Such personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor. Note: To be in compliance with Homeland Security standards, each Court Reporter assigned to work at this Medical Center shall be subject to the same rules and regulations as all contracted employees. Parking is allowed only in those areas not designated for patient use. All traffic laws and parking rules on the grounds are strictly enforced. Failure to follow these laws and regulations may result in a citation being issued that will have to be resolved through the Federal Court system. Prior to reporting to work, the contracted employee will need to contact the designated COR who will take him/her to the on-site PIV Officer located in building 9. This Officer will issue a temporary ID badge to the contracted employee, who in turn, will properly display the badge while working at the Medical Center. Upon completion of the assignment, the employee will return the badge to the PIV Officer.

1.4.6. The vendor 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.

1.4.7. Removing Employees for Misconduct or Security Reasons: The Government, may, at its sole discretion, direct the contractor to remove their employee from the Medical Center or CBOC facilities for misconduct or for security reasons. Removal does not relieve the Contractor the responsibility to continue providing the services required under this contract. The CO will provide the contractor with a written explanation to support any request to remove an employee.

1.4.8. 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.

1.4.8.1. In any instance where the contractor has knowledge that any actual or potential situation may delay or threaten to delay the timely performance of this contract, the contractor shall immediately notify the COR and the CO. This notice shall include all relevant information and corrective actions that are being taken. The Government reserves the right to hold the contractor fully accountable for problems incurred as a result of such delays, including denial of delivery time extensions, if such notification is not provided.

1.4.8.2. 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.

1.4.9. Place of Performance: Most services will be provided at the VA Medical Center in a conference room setting. Only on a rare occasion, will it be necessary for an investigation or hearing be held at a Community Based Outpatient Clinic (CBOC) or another location as determined by the Government.

Locations:

Baltimore VA Medical Center 10N. Greene St.

Baltimore, MD 21201

Hershel “Woody” Williams VA Medical Center 1540 Spring Valley Dr.

Huntington, WV 25704

Louis A Johnson VA Medical Center 1 Medical Center Dr.

Clarksburg, WV 26301

Perry Point VA Medical Center 361 Boiler House Road, Building 361 Perry Point, MD 21902 Beckley VA Medical Center 200 Veterans Ave Beckley, WV 25801

Lock Raven VA Medical Center 3900 Loch Raven Blvd.

Baltimore, MD 21218

Martinsburg VA Medical Center 510 Butler Ave Martinsburg, WV 25405

Washington DC VA Medical Center 50 Irving St. NW Washington, DC 20422

The Government reserves the right to add any additional CBOC’s to the contract as they become available. 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 to be at another location other than these mentioned. If so, the COR will give explicit instructions as to where and when the needed services will be required.

1.5. SECURITY REQUIREMENTS

1.5.1 The Contractor will be responsible for ensuring compliance by its employees with the security regulations of the Veteran’s Administration where work is performed under this Contract. A Business Associate’s Agreement (BAA) will be entered into by both parties. Contracted employees will have to complete VA’s Cyber Security and Privacy Act Training annually and sign the VA’s Rules of Behavior document.

Note: All work associated with this contract shall be performed in the United States of America. Because this contract is funded with American appropriated tax dollars, all persons working under this contract shall be American Citizens. There shall be no exception to this requirement.

1.5.2. 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.

1.5.3. 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.

1.5.4. In the performance of official duties, the Contractor's employees shall 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).

1.5.5. Computer Security is a vital part of patient rights and privacy. All computer information from VAMC is considered sensitive and shall not be disclosed to anyone by the Contractor, or its employees. The Contractor and its employees shall follow all VAMC computer security guidelines. Violation of this Policy could result in the Federal prosecution of the individual(s) involved.

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

1.6. QUALITY CONTROL.

1.6.1. 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.

1.6.2. The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts. The Contractor shall advise the COR in advance, by specific case number only (no names, SSNs or any other personal identification data) when timely delivery cannot be made, and estimated time when correction of delivery will be made.

1.8. HOURS OF OPERATION.

1.8.1. 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 only be required during normal business hours.

1.8.2. Federal Holidays. The ten holidays observed by the Federal Government are: New Year’s Day; Martin Luther King’s Birthday; President’s Day; Memorial Day; Juneteenth National Independence Day; 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.

SECTION 2 STANDARD DEFINITIONS

· Acceptable Quality Level (AQL). The AQL is the maximum percent defective that, for purposes of sampling inspections can be considered satisfactory.

· Administrative Investigation (AI). A process of gathering evidence and ascertaining facts about particular matters, conducted primarily to enhance administrative effectiveness and efficiency.

· Administrative Investigation Board (AIB). The standard procedures established under VA Directive 0700 and this Handbook for collecting and analyzing evidence, ascertaining facts, and documenting complete and accurate information regarding matters of interest to VA. “Members” are the person or persons appointed by a Convening Authority to conduct the AIB.

· Contracting Officer (CO). A sole individual appointed with the authority to enter into and administer contracts on behalf of the U.S. Government.

· Contracting Officer’s Representative (COR). An individual designated by the CO to act as his representative to assist in administering a contract. The source and authority for a COR are contained in the written letter of designation from the CO.

· Convening Authority. The authority responsible for convening and supervising administrative investigations under VA Directive 0700. Convening Authorities include the Heads of VA Administrations and Staff Offices, Chief executives of VA facilities, and authority’s senior to any of them in the VA organization.

· Defective Service. A service output that does not meet the standard of performance associated with it in the Performance Requirements Summary (PRS).

· Federal Acquisition Regulations (FAR). The laws governing Government contracting procedures.

· Investigative Report (IR). The standard format for conveying the results of an AIB, designed to enhance clarity and to facilitate review and decision-making. The essential components an investigative report are findings of fact, conclusions, and exhibits.

· Performance Requirements Summary (PRS). Identifies the key service outputs of the contract that will be evaluated by the government to assure contract performance standards are met by the contractor.

· Performance Work Statement (PWS). A statement that outlines the services needed for a Performance Based Service contract.

· Quality Control. Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.

SECTION 3 GOVERNMENT FURNISHED PROPERTY AND SERVICES.

The government will provide to the contractor for contract performance at no cost a shared meeting location, utilities, and the use of a telephone (local calls only). Normally, the usage of cell phones within the Medical Center are permitted. However, there are some areas of the hospital where the usage of such devices is restricted because of their possible interference with operating medical equipment. Strict adherence to the rules concerning the usage of these devices must be observed throughout the Medical Center.

SECTION 4 CONTRACTOR FURNISHED ITEMS AND SERVICES.

4.1. GENERAL. Except for those items or services specifically stated to be government furnished in Section 3, the contractor shall furnish everything required to perform this contract.

SECTION 5 SPECIFIC TASKS.

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

• Prior to the scheduled meeting time: o Present himself/herself to the presiding COR in order to obtain a Temporary Identification badge from the appropriate VA Office. (Estimated time for this evolution 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.

5.2. Hearings shall be properly recorded by Court Reporters using electronic recording devices, in addition to their physical presence at the hearing. The Contractor shall provide a back-up system to whichever primary recording method is used. When proceedings are recorded by an electronic recording device, it shall at a minimum:

· • have two (2) channels.

· • be continuously monitored by an operator.

· • have simultaneous playback, listening pre-amplification and speaker identification capabilities.

· • have an equipment malfunction indicator.

The Court Reporter must maintain an audio recording of the testimony, available to the team leader or COR for the process as needed to clarify issues associated with testimony content.

5.3. An experienced, competent Court Reporter shall be present in the room when witnesses are interviewed, testimony is given and/or when witnesses are called back for additional testimony. The team leader or other designated VA staff member will inform the Court Reporter of the anticipated duration of the process, and when the process has been completed.

5.4. 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.

5.5. When actual discrepancies in the transcribed testimony and the audio recording are identified and verified by the team leader or other designated point of contact, the Court Reporter shall produce a corrected version at no additional cost to the Government.

5.6. The contractor shall be fully responsible for all loss or damage to materials associated with this PWS 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.

5.7. HEARING AND DELIVERABLES TIMELINES:

5.7.1. 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.

5.7.2. EEO Hearings may have a short turnaround time for completion of 3 Days to 14 Days as established by a judge. Transcribed testimony must be returned to the Team Leader within 3 business days of each testimony in order for the deadline to be met.

5.7.3. MSPB processes rarely exceed 3-5 days. Transcribed testimony must be returned to the Team Leader within 3 business days of each testimony in order for the deadline to be met.

5.8. TRANSCRIPTION FORMAT:

5.8.1. 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.

5.8.2. 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. 36C24519A0031

5.8.3. 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.

5.8.4. Visible Black Character.

5.8.4.1. 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.

5.8.4.2. 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.

5.8.5. 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.

5.8.6. 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.

5.8.7. 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.

5.8.8. The paging of the transcript shall be in a single series by consecutive numbers regardless of the number of days consumed in the investigation, hearing, etc.

5.8.9. The original transcript and (1) copy shall be authenticated by the Official Reporter by a certificate page in the following form, which shall be included before the Acknowledgement:

CERTIFICATE

Certificate of Reporter:

Name of Hearing/Type of Proceeding:

Docket Number:

Place of Hearing:

Date of Hearing:

I, (name of transcriber), do hereby certify that said witness (name of witness), whose testimony appears herein, was duly sworn, that said transcript is a true record of the testimony given by said witness. I further certify that I am neither attorney, nor counsel for, nor related to or employed by, any of the parties in which this action is taken and further that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in the action.

Name and Signature of Court Reporter Date Name of Company

5.9. 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.

5.10. 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. In addition, the Contractor shall be liable for all Government expenses, claimant expenses and attorney’s fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:

· Loss of original recordings, transcripts or photocopies.

· Failure of the contractor’s court reporter/stenographer to appear, and a substitute cannot be obtained in sufficient time.

· Receipt of products by the Government in such poor condition as to be unusable.

· Attempted use of electronic recording equipment which does not conform to the requirements noted herein.

· Failure of the Contractor to deliver transcripts (original and 1 copy) within three (3)business days after a hearing.

C.4 CONTRACTOR RESPONSIBILITIES (APR 1984)

The contractor shall obtain all necessary licenses and/or permits required to perform this work. He/she shall take all reasonable precautions necessary to protect persons and property from injury or damage during the performance of this contract. He/she shall be responsible for any injury to himself/herself, his/her employees, as well as for any damage to personal or public property that occurs during the performance of this contract that is caused by his/her employees fault or negligence, and shall maintain personal liability and property damage insurance having coverage for a limit as required by the laws of the State of DC, MD, WV. Further, it is agreed that any negligence of the Government, its officers, agents, servants and employees, shall not be the responsibility of the contractor hereunder with the regard to any claims, loss, damage, injury, and liability resulting there from.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

Telephonic Court Reporter Services Contract Period: Base POP Begin: 02-08-2024 POP End: 02-07-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services PRODUCT/SERVICE CODE: R606 - Support - Administrative: Court Reporting

0001AA

Appearance Fee Per Day

POP Begin: 02-08-2024 POP End: 02-07-2025

0001AB

Page Rate (Includes Original & 1 Copy and PDF) 10 Day Turn Around

POP Begin: 02-08-2024 POP End: 02-07-2025

0001AC

Page Rate (Includes Original & 1 Copy and PDF) 5 Day Turn Around

POP Begin: 02-08-2024 POP End: 02-07-2025

0001AD

Page Rate (Includes Original & 1 Copy and PDF) 3 Day Turn Around

POP Begin: 02-08-2024 POP End: 02-07-2025

0001AE

Page Rate (Additional Hard Copies)

POP Begin: 02-08-2024 POP End: 02-07-2025

0001AF

Cancelation Fee (Less Than 24 Hours’ Notice)

POP Begin: 02-08-2024 POP End: 02-07-2025

On Site Court Reporter Services

POP Begin: 02-08-2025 POP End: 02-07-2026

0002AA

Appearance Fee (Per Day)

POP Begin: 02-08-2025 POP End: 02-07-2026

0002AB

Page Rate (Includes Original & 1 Copy and PDF) 10 Day Turn Around

POP Begin: 02-08-2025 POP End: 02-07-2026

0002AC

Page Rate (Includes Original & 1 Copy and PDF) 5 Day Turn Around

POP Begin: 02-08-2025 POP End: 02-07-2026

0002AD

Page Rate (Includes Original & 1 Copy and PDF) 3 Day Turn Around

POP Begin: 02-08-2025 POP End: 02-07-2026

0002AE

Page Rate (Additional Hard Copies)

POP Begin: 02-08-2025 POP End: 02-07-2026

0002AF

Cancelation Fee (Less Than 24 Hours’ Notice)

POP Begin: 02-08-2025 POP End: 02-07-2026

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: Name Title Email Phone Contractor Name & Address Alternate Point of contact Contractor SAM Cage Code & Unique Entity ID:

Cognizant Office: Network Contracting Office 5

B.4 SEGREGATION OF COSTS

a. The "Payments under Time-and-Materials and Labor-Hour Contracts" clause provides for reimbursement to the contractor of costs incurred for certain items and services purchased directly for the contract, subject to certain limitations set forth in the clause. Such items may include the lease/purchase of equipment, travel expenses for Government- directed travel, consumable materials, tuition and registration fees for specialized training, and other services or items acquired for the Government's account under the Government Property clause. The items and services which the BPA holder is authorized to purchase on a cost- reimbursement basis shall be limited to only those specific items and services described in the order(s) issued to the BPA holder as authorized for purchase.

b. The BPA holder shall segregate costs associated with materials and other items authorized to be purchased on a cost-reimbursement basis (to be specified in each order) from other costs associated with the performance of this contract in such a manner that at any time the costs subject to reimbursement under each order shall be readily ascertainable.

c. The "Ceiling Price" referred to in the "Payments under Time and Materials and Labor-Hour Contracts" clause shall be the ceiling price as stated in each order.

B.5 GENERAL SERVICES ORDERS

a. The BPA holder shall furnish all the necessary qualified personnel, materials, facilities and management resources to furnish the services set forth in the Statement of Objectives (SOO) or the Performance Work Statement (PWS) within the terms specified and at the price(s) stated.

b. It is understood and agreed that the BPA holder shall provide Fixed-Price proposals when requested by the Contracting Officer (CO). The contractor's proposal shall be priced using labor rates and labor categories here in provided. The CO will issue Fixed Priced Orders upon completion of negotiations of contractor proposals.

B.6 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Department of Veterans Affairs mission but not otherwise available within Department of Veterans Affairs.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

B.7 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $100,000.00/per Order. 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. The Ceiling Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary. Authorization for individual orders above the stated order and/or Ceiling Limits must be coordinated through the Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

B.8 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

B.9 PERIOD OF PERFORMANCE

This BPA expires on 02-07-2029 or such later ending date as determined by the exercise of any option.

B.10 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders:

DVA authorizes the following entities to place orders:

Warranted Contracting Officers in NCO 5

B.11 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

B.12 AUTHORIZED REPRESENTATIVES

The primary Contracting Officer (CO) for this Agreement is:

Jameel Gordon

jameel.gordon@va.gov

The Primary Contracting Officer's Representative (COR) for projects under this Agreement is:

To Be Determined

The Secondary Contracting Officer's Representative (COR) for projects under this Agreement is:

To Be Determined

The Primary and/or Secondary COR will be responsible for technical monitoring of the contractor's performance and deliveries. The COR and the Contractor's Representative shall work together to ensure that all contractual requirements are being met. The COR will interpret specifications or technical portions of the work. The COR is not authorized to perform, formally or informally, any of the following actions:

(1) Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;

(2) Waive or agree to modification of the delivery schedule;

(3) Make any final decision on any contract matter subject to the Disputes Clause;

(4) Terminate, for any reason, the contractor's right to proceed;

(5) Obligate in any way, the payment of money by the Government. Only a warranted Contracting Officer is authorized to obligate funds on this or any other contract action.

The contractor shall immediately notify the Contracting Officer in writing if the COR has taken an action (or fails to take action) or issues directions (written or oral) that the contractor considers to exceed the above limitations.

The contractor shall provide the Contracting Officer information copies of all correspondence to the COR.

B.13 FEDERAL HOLIDAYS

Unless specifically authorized in writing by the Contracting Officer, no services will be provided and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays listed below.

Independence Day

B.14 PERFORMANCE

The following terms and conditions are applicable:

a. All services will be initiated within calendar days following receipt of a valid order, unless otherwise specified in the order.

b. The BPA holder shall be familiar with Federal Government and Department of Veterans Affairsacquisition regulations, directives and instructions. If a particular document is required in a specific order, it will be cited within the order's PWS.

c. The BPA holder shall not provide technical direction to any other acquisition BPA holder(s) or government personnel at any time. Neither shall the Government directly supervise BPA holder employees. The BPA holder Task Leader should conduct day to day supervision of BPA holder personnel wherever the BPA holder personnel are located. All direction of the BPA holder shall be through the Contracting Officer (CO) of the ordering organization specified in each individual order. Technical "tasking" assignments for the BPA holder will be transmitted by the program office's COR (or program manager) to the BPA holder's Task Leader.

d. The "ordering period" will run from BPA award to , or until such ending date of any option year, which may be exercised under the Agreement. The "performance period" will terminate with the end of the BPA, unless the ordering CO elects to extend performance as provided under the BPA. If the ordering CO elects to extend performance beyond the end of the BPA, he/she may extend performance up to six (6) months beyond the end of the order period.

e. Capitalization Requirements: The BPA holder shall provide their employees sufficient computer equipment to support orders. The BPA holder shall be able to support the automatic transmission of unclassified data only to the requiring Program Office by modem if so requested. Any computers connected to, or transmits to (connected or via magnetic media) the government shall be properly protected from computer viruses. The BPA holder shall be capable of supporting the software packages utilized by Department of Veterans Affairsfor the indicated processors. Specific software packages utilized within a program office shall be stated in the order PWS if it is other than Microsoft Office Professional or Microsoft Project.

f. Cancellation: This BPA may be canceled if the BPA holder fails to perform in accordance with the terms and conditions of this BPA, any order established under this BPA, or if deemed as in the best interests of the Government. The BPA holder must strictly comply with all terms and conditions or the / Contracting Officer may determine that performance by the BPA holder has been unsatisfactory and cancel this BPA.

B.15 INVOICES

a. Inspection and acceptance shall be accomplished as follows: The Government, for all services furnished under any resulting order, hereby designates the COR in the program office as the point of final inspection and acceptance. The BPA holder will submit each invoice, including all back-up data, to the Contracting Officer (CO) for review and signature. When the CO receives an accurate and complete invoice, he/she will return a signed copy to the BPA holder within five (5) working days. If the invoice is incomplete or inaccurate, the CO will return the unsigned invoice to the BPA holder for correction.