36C24819Q0402-001.docx

36C24819Q0402

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

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

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

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

ARE

ARE NOT ATTACHED.

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

ARE

ARE NOT ATTACHED

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

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

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

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C24819Q0402 -2 -2019

VICTORIA ROBLES

407-646-4238 -2019 2pm 36C248 Department of Veterans Affairs Network Contracting Office (NCO 8) 13800 Veterans Way Orlando FL 32827 X X 561492 $15 Million X N/A X 36C675 Department of Veterans Affairs Orlando VA Medical Center 13800 Veterans Way Orlando FL 32827 36C248 Department of Veterans Affairs Network Contracting Activity 8 (NCO 8) Orlando VA Medical Center 13800 Veterans Way Orlando FL 32827

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971 877-353-9791 512-460-5456 See CONTINUATION Page

COURT REPORTING SERVICES

Vendors must provide a quote in acordance with the Instructions to Offerors included on page of this solicitation.

See CONTINUATION Page X Table of Contents

SECTION A ……………….…………………………………………………………………………...…1

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

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

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer 36C248 Victoria Robles Department of Veterans Affairs Network Contracting Office (NCO 8) 13800 Veterans Way Orlando FL 32827

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

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

Department of Veterans Affairs Financial Services Center P.O. Box 149971 Austin TX 78714-9971

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

B.2 PRICE/COST SCHEDULE OF SERVICES

The Contractor shall provide all services in accordance with the Performance Work Statement.

Services to be furnished under this contract shall be ordered by the issuance of Task Orders (TO) by the Contracting Officer (CO).

The quantities are estimated quantities only and shall be considered nonbinding.

ORDERING PERIOD 1: 06-1-2019 through 05-31-2020

(10 Business days delivery)

(10 business day delivery)

(1 Business day delivery)

(1 business day delivery).

(same day delivery - rough draft).

TOTAL PRICE FOR ORDERING PERIOD 1: _________________

ORDERING PERIOD 2: 06-1-2020 through 05-31-2021

(10 Business days delivery)

(10 business day delivery)

(1 Business day delivery)

(1 business day delivery)

TOTAL PRICE FOR ORDERING PERIOD 2: _________________

ORDERING PERIOD 3: 06-1-2021 through 05-31-2022

(10 Business days delivery)

(10 business day delivery)

(1 Business day delivery)

(1 business day delivery)

(same day delivery - rough draft)

TOTAL PRICE FOR ORDERING PERIOD 3: _________________

ORDERING PERIOD 4: 06-1-2022 through 05-31-2023

(10 Business days delivery)

(10 business day delivery)

(1 Business day delivery)

(1 business day delivery)

(same day delivery - rough draft)

TOTAL PRICE FOR ORDERING PERIOD 4: _________________

ORDERING PERIOD 5: 06-01-2023 through 05-31-2024

(10 Business days delivery)

(10 business day delivery)

(1 Business day delivery)

(1 business day delivery)

(same day delivery - rough draft)

TOTAL PRICE FOR ORDERING PERIOD 5: _________________

AGGREGATE TOTAL PRICE FOR ALL ORDERING PERIODS: _________________

B.3 PERFORMANCE WORK STATEMENT

Court Reporting Services

1.0. INTRODUCTION

1.1. The Government requires court reporting services in support of the Orlando VA Medical Center (OVAMC), Director’s office.

2.0. DESCRIPTION / SCOPE / OBJECTIVE

2.1. The Contractor must provide all labor, equipment, tools, material, supervision and other items and services necessary to perform the work as defined in this Performance Work Statement.

2.2. 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, 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 authorities, 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).

Point of Contact (POC). The VA employee that requested the court reporting service through the COR.

2.3. Example: Glossary. Acronyms used in this PWS are listed below for easy reference:

In this contract, the terms court reporter, stenographer, and transcriptionist, are used interchangeably. For deadline calculations, days mean “calendar days,” unless otherwise specified.

3.0. APPLICABLE DOCUMENTS

3.1 The following laws, regulations, policies, and procedures in effect on date of contract issuance and all subsequent changes or updates apply:

4.0. ESTIMATES

4.1. The chart below represents best-known estimates for the total number of events performed per year, based on previous years. Actual quantities may be more or less of these estimated amounts.

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

5.0 PRIVACY AND CONFLICT OF INTEREST

5.1. A conflict of interest is defined as the existence of financial or other relationship between the Contractor, including any of his/her employees, agents, subcontractors, or representatives, and a party to or an attorney involved or representatives, and a party to or an attorney involved in a proceeding to be transcribed under this contract. The Contractor shall promptly notify the presiding official and the COR whenever there is a potential or actual conflict of interest between the Contractor and such party or attorney. If a potential or actual conflict of interest is reported by the Contractor, the CO reserves the right to have the transcript of that proceeding produced by another court reporter at no cost to the Contractor, notwithstanding any other provision of this contract. Should a new proceeding be required because a conflict of interest exists which the Contractor failed to bring to the attention of the presiding official, the Contractor shall bear the full cost of the new proceeding.

5.2. When VA is providing services involving patient records to non-Federal entities, the records maintained by VA in providing those services are subject to the Privacy Act, FOIA, and other VA-specific laws regarding the confidentiality of patient records. The party to whom VA is providing the services will want to review those records to ensure that VA is providing quality care in accordance with the contract. For VA to be able to release those records, the following language applies: The Sharing Partner is a VA contractor and will assist in the provision of health care to patients seeking such care from or through VA. As such, the Sharing Partner is considered as being part of the Department’s health care activity. Sharing Partner is considered to be a VA contractor for purposes of the Freedom of Information Act, 5 U.S.C. § 552 and Privacy Act, 5 U.S.C. § 552a. Further, for the purpose of VA records access and patient confidentiality, Sharing Partner is considered to be a VA contractor for the following provisions: 38 U.S.C. §§ 5701, 5705, and 7332. Therefore, Sharing Partner may have access, as would other appropriate components of VA, to patient medical records including patient treatment records pertaining to drug and alcohol abuse, HIV, and sickle cell anemia, to the extent necessary to perform its contractual responsibilities. However, like other components of the Department, and notwithstanding any other provisions of the sharing agreement, the Sharing Partner is restricted from making disclosures of VA records, or information contained in such records, to which it may have access, except to the extent that explicit disclosure authority from VA has been received. The Sharing Partner is subject to the same penalties and liabilities for unauthorized disclosures of such records as VA.

5.3. The records referred to above shall be and remains the property of VA and shall not be removed or transferred from VA except in accordance with 21 U.S.C. § 551a (Privacy Act), 38 U.S.C. § 5701 (Confidentiality of claimants’ records), 5 U.S.C. § 552 (FOIA), 38 U.S.C. § 5705 (Confidentiality of Medical Quality Assurance Records), 38 U.S.C. § 7332 (Confidentiality of certain medical records) and other applicable federal laws, rules, and regulations. Subject to applicable federal confidentiality or privacy laws, the Sharing Partner, or their designated representatives, and designated representatives of federal regulatory agencies having jurisdiction over Sharing Partner, may have access to VA's records, at VA's place of business on request during normal Working hours, to inspect and review and make copies of such records.

5.4. Any recording made by the court reporter during any proceeding will remain property of the VA and shall be returned to the VA upon completion and acceptance of the transcript(s), and/or upon request of the COR.

5.5. If the contractor loses any records, transcripts or confidential information associated with the assigned work, the Orlando VA Healthcare System’s Privacy Officer and the COR should be promptly notified. The notification should take place within 60 minutes of the contractor confirming that the identified information cannot be located. The initial notification may be verbal, by phone call, or in person, with the official communication in writing to follow within the identified timeframe (i.e., 60 minutes).

5.6. Mandatory VA provided Privacy Training/Information Security Training will be completed by all contract employees before any on-site work begins under the contract. Approximately one hour of Privacy Training/Information Security Training will be provided for all employees who, along with their on-site supervisor, will be required to read and sign the training documents. These training documents must then be forwarded to the CO prior to the on-site work beginning. Any new contractor employee(s) hired after the contract becomes effective must complete the mandatory VA provided Privacy Training/Information Security Training prior to starting work.

6.0. PERFORMANCE REQUIREMENTS

6.1. Requests for Services will be made by the COR, in writing or by telephone (followed by written notification). The contractor will determine, within no more than two normal working hours from the time of the request (telephonic or written), whether or not a court reporter will be available. If this determination is not received by the COR within two normal working hours after the request, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. The Department of Veterans Affairs will be the sole judge in determining when to order service from another source.

6.1.1. If the Contractor cannot produce a court reporter, the Agency reserves the right to hire a certified court reporting services company and the contractor may be liable to pay for any difference in billing.

6.1.2. Agency shall request services at least 48 hours in advance. The Contractor may charge a cancellation fee of no more than two hours of appearance if the Agency cancels a confirmed reservation less than 24-hour before the time of the event. A confirmed reservation is a reservation where a court reporter has been assigned by the Contractor and the Agency has received confirmation and details of such assignment.

6.2. The court reporter must record the audio of the proceedings to be transcribed and/or transcribe real time verbatim the testimonies at the OVAHS designated facility. The final transcription must be done by a certified court reporter.

6.3. The court reporter shall arrive at least 15 minutes before the time of the event, on the date and at the location specified, or with as much time in advance needed to set the equipment, with as many competent stenographic reporters or equipment necessary for the prompt and proper recording of proceedings; must set up all required equipment and be able to begin at the designated time; and, in the case of a telephonic investigation, shall make telephone contact with the presiding official at least five minutes prior to the start time.

6.4. The court reporter will be governed by the instructions of the presiding official in all matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character.

6.5. The court reporter shall report everything spoken while a hearing is in session unless the presiding official directs an off-the-record discussion. The stenographer shall not omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs.

6.5.1. The Contractor shall furnish complete transcript(s), which accurately reflect the full and complete verbatim record of the proceedings. When the presiding official or the COR determines that there are errors in the transcript(s), the Contractor shall correct the errors and furnish the corrected transcript(s) within five business days after receipt of notification and at no additional cost to the Government.

6.5.2. No portion of the proceeding shall be omitted from the record by an order to strike. Regardless of requesting party, the material ordered stricken, as well as the order to strike, must all appear in the transcript.

6.5.3. The transcript should provide an accurate record of words spoken during proceedings. All grammatical errors, changes of thought, contractions, misstatements, and poorly constructed sentences should be transcribed as spoken. In the interest of readability, however, false starts, stutters, “uhms” and “ahs,” and other verbal tics are not normally included in transcripts; but such verbalizations must be transcribed whenever their exclusion could change a statement’s meaning.

6.5.4. Private communications and off the record conversations inadvertently recorded should not be included in the transcript.

6.5.5. Standard summary phrases shall be used for customary introductory statements such as the call to order and the swearing in or affirmation of witnesses. These should appear in parentheses and begin with an open parenthesis on the fifth space from the left margin, with the remark beginning on the sixth space from the left margin.

6.6. The court reporter shall mark and number/letter exhibits and arrange them in numerical or alphabetical order as directed by the presiding official.

6.7. The court reporter shall transcribe AIB sworn statements, hearings, and depositions verbatim by shorthand, stenotype, stenomask, or electronic sound recording equipment, and must be ready to read back a portion of the record during the proceeding when requested.

6.8. The court reporter shall be competent to administer oaths. No separate fee is to be charged for notary services, administering oath, or affixing seal.

6.9. The contractor must follow the required formatting included in section 9.

6.10. Invoices: Invoices received from the Contractor shall, at least, have the unique Purchase Order Number and/or company invoice number, obligation number, the caption of the case/matter transcribed, the date of the event being transcribed, a detailed list of all the charges individually assessed, and total amount; and should be emailed to the COR with the certified transcript. Payment of invoices are made in arrears, upon certification of invoice. Invoices shall be submitted in accordance with the invoice clauses.

6.11. The contractor shall assure that each court reporter is fully aware of the assigned work situation, including the occasional need for extending a hearing session beyond the normal work day.

6.12. If testimony must be retaken due to contractor’s negligence, for example, mechanical breakdown of the recording or transcribing equipment, the Contractor shall provide the services necessary to retake the testimony at no cost to the Government. The contractor shall bear all expenses to any party of the litigation, not limited to, bearing all transportation and subsistence costs, to be computed in accordance with Joint Travel Regulation incurred by OVAMC, the parties and their witnesses and attorneys in attending or testifying at such retaking of testimony.

6.13. To the maximum extent practical, the Contractor shall assign the same court reporter to a proceeding lasting more than one day or, in the case of a lengthy proceeding, the same group of court reporters.

6.14. The Contractor shall provide legible transcripts of all transcriptions. If the presiding official or COR determines one or more copies of transcripts are illegible, the Contractor shall correct and replace the transcripts within one business day after receipt of notification and at no cost to the government.

6.15. Except as noted below, the transcript shall contain all words and other verbal expressions uttered during the proceeding.

6.16. Generally, audio/video recordings played in a legal proceeding are entered as an exhibit. Such recording(s) need not be transcribed unless the requested by the COR.

6.17. All speakers must be properly identified throughout the transcript, initially by their full name, thereafter by the following designations or courtesy titles, in capital letters indented five spaces from the left margin.

7.0. PERFORMANCE LOCATION AND HOURS

7.1. Accomplishment of the PWS requires work at Corporate Orlando facilities. Specific location will be determined at the task order level:

Lake Baldwin Medical Center 5201 Raymond St., Orlando FL 32803

Lakemont Campus 2500 S. Lakemont Ave., Orlando, FL 32814

Lake Nona Medical Center 13800 Veterans Way, Orlando, FL 32827

Viera Outpatient Clinic (OPC) 2900 Veterans Way, Viera, FL 32940

Daytona OPC 551 National Healthcare Dr., Daytona Beach, FL 32114

Clermont CBOC Station 675GF, 805 Oakley Seaver Dr., Clermont, FL 34711 Kissimmee Community-Based Outpatient Clinic (CBOC) 2285 N. Central Ave., Kissimmee, FL 34741 Orange City CBOC Station 675GD, 2583 South Volusia Ave., Suite 300, Orange City, FL 32763

Tavares CBOC Station 675GE, 1390 East Burleigh Blvd., Tavares, FL 32778

Crossroads Annex 925 S. Semoran Blvd., Suite 114, Winter Park, FL 32792

Deltona Clinic 1200 Deltona Blvd. Suites 41-47 Deltona, FL 32725

7.2. Working hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding Federal holidays. Contractor access will be provided during these times, unless otherwise specified by the presiding official or the COR.

8.0. DELIVERABLES

8.1. The contractor shall furnish to the Government with access at all times to an encrypted, password protected end-user repository in order to manage and retrieve electronically transcripts by case name, witness name and date of proceeding.

8.2. The contractor shall provide an electronic copy of the transcript of the proceeding(s) to the COR via the repository in Portable Document Format (pdf), with keyword indexes, within 10 business days of the event transcribed, unless otherwise specified by the COR. If the deadline falls on Saturday, Sunday, or a federal holiday, the deadline will be the next business day after the original deadline.

8.3. Aside from the electronic copy, the contractor must provide to the COR, in hard copy, one original certified transcript with word indexes and the Agency must receive said original within 20 days from the proceeding transcribed. At the time of this contract, the COR’s address is that of Lake Baldwin Medical Center in section seven above, attention to Lakemont 215A.

8.4. Only the COR can place an order for additional copies, mini-condensed transcripts, or any further service.

8.5. If an original transcript has already been produced to any of the parties and the Agency requests a copy, it must be provided in less than five days after the Agency requests it, at a considerable reduced price from the original transcript price paid by the other party (also known as “copy price”).

8.6. Whenever a board, hearing or deposition is continued, recessed, or adjourned for a period of five or more days, that portion of the transcript of the board/ hearing/deposition held prior to such continuance, recess, or adjournment shall be considered completed for the purpose of computing time for delivery of the transcript.

9.0. REQUIRED FORMATTING

9.1. Each transcript must be presented on non-transparent white paper not exceeding letter size paper (8.5 x 11 inches) and bound along the left margin.

9.2. The original transcript and each copy must not have any interlineations materially defacing the transcript and no page frames.

9.3. Pages must be numbered consecutively starting on the transcribed conversation. Cover pages, caption page, appearances page, or index should not be part of the transcript consecutive page numbering. Pages of the transcript are to be numbered in a single series of consecutive numbers for each proceeding, regardless of the number of days involved. The court reporter shall place the page number at the bottom right corner of the page flush with the right margin below the last line of transcription and no more than half an inch from the bottom of the physical page (0.5 footnote margin). The page number does not count as a line of transcript. The pagination of the transcript of the further proceedings in the same matter shall follow consecutively the pagination of earlier proceedings, unless the presiding official directs otherwise.

9.3.1. Each page must have 32 lines per page. The last page may contain fewer lines if it is less than a full page of transcription.

9.3.2. Page numbers, line numbers, or notations cannot be considered part of the 32 lines of text.

9.3.3. A page must bear numbers indicating each line of transcription on the page, from 1 to 32, each page.

9.4. Lines of transcript text are to be one and a half spaced with no additional spaces before or after each paragraph.

9.5. The font size must be 12 points and must be Times New Roman or Calisto MT.

9.6. Typing is to begin on each page at the one inch left margin and continue to the one-inch right margin.

9.7. Black ink is to be used for both originals and copies.

9.8. Each transcript volume must include a title page located at the beginning of the volume setting forth:

a. court name;

b. title of case and docket number;

c. name of presiding judicial officer;

d. place, date and time of the proceeding;

e. method by which proceeding was recorded;

f. court reporter’s name and name, address, and telephone number of reporting company;

g. method by which the transcript was produced (e.g., “Proceedings recorded by digital sound recording, transcript produced by transcription service.”); and

h. transcriber’s name and name, address, and telephone number of transcribing company.

9.8.1. Each transcript volume must include a table of contents located at the beginning of the volume listing:

a. the name of each witness testifying, citing the page of the transcript where direct, cross, redirect, or recross begins; and

b. each exhibit offered and received into evidence, first for the requesting party (the party who initiated the action), then for the respondent (usually, the Agency), and then for any other party, with a brief statement of the nature of the exhibit and the page of the transcript where the exhibit was offered and received.

9.8.2. Where the number of pages in the final transcript exceeds 500, the court reporter must provide a separately bound master table of contents containing a complete list of the information noted on this section 9.

9.8.3. Multi-volume transcripts shall be numbered consecutively for an entire multiple-volume transcript.

9.9. Unless otherwise directed, the court reporter must label each exhibit with:

a. the caption of the case;

b. the exhibit number or letter;

c. the party offering the exhibit; and

d. the number of pages in each exhibit.

9.10. Each time a witness is called to testify, the court reporter must identify:

a. the name of the witness and the nature of the examination (such as direct, cross, redirect, and recross); and

b. the name of counsel conducting the examination.

9.11. Speaker identification shall begin on the fifth space from the left margin (0.5 Tab) followed directly by a colon. The statement shall begin on the second space after the colon. Subsequent lines shall begin at the left margin.

9.12. Quoted material other than depositions shall begin on the fifth space from the left margin, with additional quoted lines beginning at the left margin, with appropriate quotation marks used.

9.13. Interruptions of speech shall be denoted using a one long dash (“–”) at the point of interruption, and again at the point the speaker resumes speaking. At the discretion of the transcriber, simultaneous discussions may also be noted in this manner.

9.14. Punctuation and spelling shall be appropriate standard usage.

9.15. A page heading is brief descriptive information noted to aid in locating a person and/or event in a transcript. A page heading must be provided on each page of witness testimony; a page heading is optional for other types of persons and/or event notations. Listing the last name of the witness is sufficient. Page headings shall appear above line 1, in the header area. This information is not to be counted as a line of transcript.

9.16. Parenthetical notations are generally marked by parentheses; however, brackets may be used. Parenthetical notations shall begin with an open parenthesis on the fifth space from the left margin, with the remark beginning on the sixth space from the left margin. Parentheses are used for:

a. customary introductory statements such as call to order of court or swearing in a witness, and

b. indicating non-verbal behavior, pauses, and playback.

9.16.1. When interpreters are used, it will be assumed that answers are made in a foreign language and interpreted unless a parenthetical “(in English)” is inserted.

9.16.2. Parenthetical notations in a transcript are a court reporter’s own words, enclosed in parentheses, recording some action or event. Parenthetical notations should be as short as possible consistent with clarity and standard word usage. The following parenthetical notations should be used to designate portions of proceedings. Designations requiring a time notation are listed first.

9.16.3. Bench/Side Bar Conference designation should note whether the bench/side bar conference is on or off the record. If all the attorneys are not participating in the bench/side bar conference, the parenthetical notation should so indicate.

9.16.4. The designation “Discussions off the Record” should note where the discussion took place.

9.16.5. It is the responsibility of the parties, as well as the judge in some instances, to note for the record any significant nonverbal behavior (i.e., physical gestures, lengthy pauses on the part of a witness). If counsel or the judge refers to the witness’s affirmative or negative gesture, parenthetical phrases may be used to indicate physical gestures.

9.17. The court reporter or transcriber is to authenticate the original transcript and each copy with a certification on the last page. The certification is to appear on the last page of each volume of transcript. If more than one court reporter or transcriber is involved in the production of the transcript being certified, then the certifications of each court reporter or transcriber involved shall be required at the end of each volume. A sample is provided below:

“CERTIFICATE OF COURT REPORTER

I CERTIFY that the proceeding hereby transcribed was duly recorded and thereafter ordered to print [by me / under my direction]; that the witnesses were sworn to tell the truth under penalty of perjury; that this transcript is a true record of the proceeding taken on [date] in the case of [case caption] and that it contains fully and accurately the recordings, notes, and exhibits presented on the record. I further certify that I am neither counsel for, related to, nor employed by any of the parties to the action in which this proceeding was called; and, furthermore, that I am not a relative or employee of any attorney or counsel employed by the parties hereto, nor financially or otherwise interested in the outcome of this action.

Date Signature:

Printed Name:

Address:”

9.18. Any cover page, certification of court reporter or notary, and errata sheet and its instructions are not considered billable pages and should not be included in the invoice.

10.0. CONTRACTOR PERSONNEL AND MANAGEMENT

10.1. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. Proposed substitutes shall have qualifications that are equal to or higher than the personnel being augmented. The CO or his/her authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable.

10.2. If the CO determines that, (1) suitable and timely replacement of personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the CO may, (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at the CO’s discretion, if the CO finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage.

10.3. The Contractor shall replace any absent individual for any period greater than one workday so as to leave a full complement of trained qualified personnel at all times with no disruption of services.

10.4. The Contractor shall be responsible for employing technically qualified personnel to perform the work specified in this PWS. The Contractor shall maintain the personnel, organization, and administrative control necessary to ensure that the work delivered meets the contract specifications and requirements. The Government reserves the right, during the life of the resulting contract, to request work histories on any contractor employee for the purposes of verifying compliance with this contract requirements.

10.5. The Contractor shall assume full responsibility for the protection of its personnel furnishing services under this contract, in accordance with the personnel policy of the Contractor. 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 shall be presented to the CO prior that person being assigned to this facility.

· Health examinations

· Income tax withholding, and

· Social security payments

10.6. The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor. Note: To follow 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 Point of Contact and present an identification for proper admittance into the conference room. If PIV identification is required in the facility, the Point of Contact may take the court reporter to the on-site PIV Officer to issue a temporary ID badge, which shall be properly display while working at the Medical Center, and returned by the court reporter to the PIV Officer upon completion of the assignment.

10.7. If any Government-issued identification badge is issued for the contractor, it remains the property of the Government and shall be returned to the issuing office or other designated Government personnel upon transfer of Contractor employees from the contract.

10.8. Contractor Badges. Notwithstanding any requirement to wear a Government furnished badge, Contractor personnel shall also may be asked to wear, when required, a laminated contractor identification badge at all times when performing services under this Contract. Badges shall be worn on the outer garment attached to the outer shirt or jacket pocket by a button or clip, or worn around the neck secured by an appropriate identification card lanyard.

10.9. All Contractor personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties, are required to identify themselves as contractor’s employees to avoid creating an impression in the minds of members of the public or Congress that they are Government officials. They must also ensure that all documents or reports produced by Contractor personnel are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.

10.10. Safety/Security Requirements. The Contractor shall comply with all applicable laws and ensure performance is secure while protecting material, equipment, and supplies from damage and loss. Government security personnel shall have the express right to inspect for security violations at any time during the term of the contract.

10.11. All information generated in performance of this contract becomes property of the Government and must be surrendered upon request and/or completion of the contract. The Contractor must protect against the destruction and/or misplacement of all information produced under this contract, unless directed under local policy to destroy. This includes both hard and soft copies of data.

10.12. The Contractor shall not release any information (including photographs, files, public announcements, statements, denials, or confirmations) on any part of the subject matter of this contract or any phase of any program hereunder without the prior written approval of the CO.

10.13. Conduct of Personnel. Contractor personnel shall conduct themselves in a professional manner (i.e. timeliness, communication; spoken and written etc.). The CO may require the Contractor to remove from the job site any employee working under this contract for reasons of suspected misconduct, suspected security breach, or suspected to be under the influence of alcohol, drugs, or any other incapacitating agent. Contractor’s employees shall be subject to dismissal from the premises upon determination by the CO that such action is necessary in the interests of the Government. The hospital director or designated representative has the authority to bar individuals from Government facilities, at their sole discretion. The removal from the job site or dismissal from the premises shall not relieve the Contractor of the requirement to provide sufficient personnel to perform the services as required by this performance work statement.

10.14. Contractor personnel are not authorized to carry or possess personal weapons to include, but not limited to, firearms and knives with a blade length in excess of one inch while assigned under this contract.

10.15. Working Attire and Appearance. Contractor personnel shall present a professional appearance commensurate with standards delineated for Government civilian personnel acting in similar capacities.

10.16. The Government reserves the right to review Contractor personnel qualifications. Upon request, resumes shall be provided to the CO prior to clearance approval, for review and acceptance by the CO. The intent is verification purpose and not for the Government to become the hiring authority.

10.17. HHS/OIG: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (www.hhs.qov/) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

11.0. TRAVEL

11.1. Not Applicable

12. NON-PERSONAL SERVICE STATEMENT

Contractor employees performing services under this order will be controlled, directed, and supervised at all times by management personnel of the contractor. Contractor management will ensure that employees properly comply with the performance work standards outlined in the PWS. Contractor employees will perform their duties independent of, and without the supervision of, any Government official. The tasks, duties, and responsibilities set forth in the contract may not be interpreted or implemented in any manner that results in any contractor employee creating or modifying Federal policy, obligating the appropriated funds of the United States Government, overseeing the work of Federal employees, providing direct personal services to any Federal employee, or otherwise violating the prohibitions set forth in Parts 7.5 and 37.1 of the Federal Acquisition Regulation (FAR). The Government will control access to the facility and will perform the inspection and acceptance of the completed work.

13. PERFORMANCE REQUIREMENTS SUMMARY (PRS) AND QUALITY MEASUREMENT

13.1. Performance standards define desired services. The Government performs surveillance to determine if the Contractor exceeds, meets, or does not meet these standards. The Government shall use these standards to determine Contractor performance and shall compare Contractor performance to the Acceptable Quality Level (AQL). The Quality Assurance Surveillance Plan (QASP) method of surveillance will be by random inspection.

13.2. The QASP and its performance objectives are as follows. At the discretion of the Agency, any violation to any of the performance standards by the contractor shall be sufficient to initiate enforcement rights, such as having the contractor perform the requested standard or pay for additional expenses incurred by the Agency due to the contractor’s failure to perform, and may be cause for rescission of the contract:

Para.

Standard

6.8, 10.4.

6.5.1, 6.5.2, 6.5.4, 6.7, 9.16.3, 9.16.4.

6.5.1, 6.9, 6.14,

9.0 -9.18.

8.3.