36C24918Q0348-001.docx

36C24918Q0348

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

36C24918Q0348 05-23-2018 stacey mcclendon 615-225-6970 05-30-2018

9AM CENTRAL TIME

90C Department of Veterans Affairs Network Contracting Office 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129 X X 561492 $15 Million

NET30

X N/A X Department of Veterans Affairs

VAMC

VA TN Valley HCS Nashville Campus 1310 24th Avenue South Nashville TN 37212 90C Department of Veterans Affairs Network Contracting Office - 9 1639 Medical Center Parkway Suite 400 Murfreesboro TN 37129

90C FSC e-Invoice Payment http://www.fsc.va.gov/fsc/einvoice.asp Invoice Setup Information 1-877-489-6135 Invoice must be submitted electronically

Setup 1-877-489-6135 See CONTINUATION Page

COURT REPORTER SERVICES

TVHS VA MEDICAL FACILITY & CBOC'S

PERIOD OF PERFORMANCE:

BASE YEAR: 6/18/2018 THROUGH 6/17/2019

OPTION ONE: 6/18/2019 THROUGH 6/17/2020

OPTION TWO: 6/18/2020 THROUGH 6/17/2021

OPTION THREE: 6/18/2021 THROUGH 6/17/2022

OPTION FOUR: 6/18/2022 THROUGH 6/17/2023

ALL SDVOSB'S /VOSB'S MUST BE REGISTERED IN VETBIZ.COM TO BE

ELIGIBLE FOR CONSIDERATION; IF UNABLE TO VERIFY IN VETBIZ

THE SDVOSB/ VOSB WILL BE CONSIDERED NONRESPONSIVE.

WAGE DETERMINATION NO. 2015-4647, REV. 8, DATED 1/10/2018

SHALL APPLY DURING THE BASE PERIOD AND WILL CHANGE WITH THE

EXERCISE OF EACH OPTION YEAR RENEWAL.

THIS WILL BE A BLANKET PURCHASE AGREEMENT (BPA). QUANTITIES

ARE ESTIMATES. THE MINIMUM GUARANTEED AMOUNT IS $500.00.

See CONTINUATION Page 626-3680160-228-840100-2580 010043145 X X X X Table of Contents

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 36C249 STACEY MCCLENDON

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.

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

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

B.2 LIMITATIONS ON SUBCONTRACTING-- MONITORING AND COMPLIANCE (JUN 2011)

This solicitation includes VAAR 852.219-10 VA Notice of Total Service- Disabled Veteran-Owned Small Business Set-Aside. Accordingly, any contract resulting from this solicitation will include this clause. The contractor is advised in performing contract administration functions, the CO 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. 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 CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. 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 CO to assess the contractor's compliance with the limitations on subcontracting or percentage of work performance requirement.

B.3 STATEMENT OF WORK

36C24918Q0348

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SECTION 1

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 VA Tennessee Valley Healthcare System (VA TVHS) upon request. The services, on a per call request for service, may be required for but not limited to, the following: Administrative Investigations Boards (AIB), Disciplinary Appeals Boards (DAB), Equal Employment Opportunity (EEO) hearings or Merit Systems Protection Board (MSPB) hearings, Office of Resolution Management (ORM), Arbitrations, as required by VA Regional Counsel, and will also be utilized for any other meetings that require legal documentation.

1.2. PERIOD OF PERFORMANCE

The period of performance for court reporting services shall be for one base and four option years. Court reporting requirements shall occur intermittently through each fiscal year; the requirement may be an urgency of need with only one-day advance notice. However, the VA TVHS shall strive to inform the contractor at least ten days in advance. It must be noted here that the Government does not automatically extend contracts beyond their initial performance period. Option periods are always subject to the availability of funds, contractor’s performance, continued need, and FAR Clause 52.217-9, Option to Extend the Term of the Contract.

1.3. BACKGROUND INFORMATION

1.3.1. It is the intent of this document to establish a non-personal performance-based service contract for the VA Tennessee Valley Healthcare System which will occur on a per call, scheduled basis when transcription services are required.

1.3.2. Unless another form of payment is agreed upon by the contracting parties, invoices received from the contractor shall be submitted in accordance with the line items identified below in 1.3.3., and submitted electronically through the electronic OB10 e-Invoicing system; which will require the vendor to set up an account prior to invoice submission. Payment of invoices are made in arrears, upon certification of invoice. Contractor will ensure that the obligation # and a company invoice # is included on all invoices NOTE: Account set up information shall be provided upon awarding of contract.

1.3.3. Invoicing will display applicable line items and cost per request, listed below:

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

NOTE: The estimated quantities are based on annual historic data based on prior year needs. Actual quantities may be more or less of these estimated amounts.

1.3.5. The term “Administrative Investigation Board” (AIB) refers to a systematic process for determining facts and documenting evidence about matters of significant interest to VA TVHS. AIB’s 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/Handbook 0700, Administrative Investigations. These investigations are established by Health System 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 anytime up until the time scheduled because of unforeseen events that may arise.

1.3.6. 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.

1.3.7. 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 requested 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).

1.4.2. The contractor 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 proceedings. Court reporters must have at least one-year experience in providing court reporting services, and must hold the certification as a National Court Reports Association (NCRA) Registered Professional Reporter (RPR), or equivalent (determination of equivalency at the discretion of VA TVHS). Appropriate credentials must be provided within one week, 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. The VA TVHS 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 AIB process, EEO Hearing, MSPB, or Arbitration hearings are preferred in the performance of this contract.

1.4.3. The court reporter shall be competent to administer oaths, and 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 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: Income Tax Withholding; Professional Liability Insurance; and, Social Security Payments.

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

1.4.6. 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.

1.4.7. The VA TVHS may, at its sole discretion, direct the contractor to remove their employee from its facilities for misconduct or for security reasons. Removal does not relieve the contractor of 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. 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. 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 convening authority and the CO. This notice shall include all relevant information and corrective actions that are being taken. The VA TVHS 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. 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 TVHS 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 VA TVHS may deduct such expenses from any sums due or that may become due the contractor.

1.4.9. Services will be provided at the VA TVHS Nashville or Murfreesboro campus, in a conference room setting. Only on a rare occasion, will it be necessary for an investigation or hearing be held at another location. 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 convening authority 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 VA TVHS where work is performed under this contract. NOTE: Because this contract is funded with American appropriated tax dollars, all persons working under this contract shall be an American Citizen, with 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. The C&A requirements do not apply, and a Security Accreditation Package is not required.

1.5.3. 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); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); Federal Regulations and statutes. The contractor and contractor's employees are responsible for:

· 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.

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

· 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 VA facility 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. 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 transcripts. The contractor shall advise the convening authority in advance, by specific case number only (no names, SSNs or any other personal identification data) when timely delivery cannot be made, and provide an estimated time when delivery will be made.

1.7. PERFORMANCE ASSESSMENT

1.7.1 The VA TVHS will evaluate the contractor’s performance under this contract using the method of surveillance specified below. When an observation indicates defective performance, the COR will provide the contractor with a copy of the record of the observation. The government shall reduce contractor invoices by 15% in the event the contractor’s level of performance falls below 90% of the expected performances as outlined in this PWS. Confirmation of these delinquent performances will be made known to the contractor immediately upon discovery.

1.7.2. The AIB team leader, team, or other designated VA TVHS staff member will evaluate the quality and timeliness of the product and services and notify the convening authority – i.e., EEO Manager, Human Resources Specialist, or other so designated official of the acceptability of the product and services. However, only an appointed Contracting Officer Representative (COR) is authorized to monitor contract performance and only a Warranted CO is authorized to make changes to the contract by way of written contract modifications.

1.8. HOURS OF OPERATION

1.8.1. The VA TVHS normal business hours are 8:00 AM to 4:30 PM, Monday through Friday, excluding Federal holidays. Services required by this contract will only be required during normal business hours.

1.8.2. The ten holidays observed by the Federal government are: New Year’s Day; Martin Luther King’s Birthday; President’s Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day, 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 week end day (Saturday or Sunday), the normal observance is the connecting weekday.

SECTION 2

STANDARD DEFINITIONS

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

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

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

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

Contracting Officer’s Representative (COR) is the 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 is 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 senior authorities to any of them in the VA organization.

Defective Service is a service output that does not meet the standard of performance associated with it in the performance requirements summary.

Federal Acquisition Regulations (FAR) are the laws governing Government contracting procedures.

Investigative Report (IR) is 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) is a statement that outlines the services needed for a performance based service contract.

Quality Control are 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

3.1. 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 healthcare system 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.

SECTION 4

CONTRACTOR FURNISHED ITEMS AND SERVICES

4.1. 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:

a. 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.

b. 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. Proceedings 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. The court reporter must maintain an audio recording of the testimony, available to the team leader for the process, as needed, to clarify issues associated with testimony content. When proceedings are recorded by an electronic recording device, it shall at a minimum:

· have two channels;

· be continuously monitored by an operator;

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

· have an equipment malfunction indicator.

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.

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.

5.6. The contractor shall be fully responsible for all loss or damage to materials while in the contractor’s care and custody, and shall keep accurate records of the status of the assignment and the case number assigned.

SECTION 6

HEARING AND DELIVERABLES TIMELINES

6.1. The AIBs 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 convening authority 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.

6.2. 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 convening authority within 3 business days of each testimony in order for the deadline to be met.

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

6.4. 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.

6.5. 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.

6.6. 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.

6.7. 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. A visible black character 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.

6.8. 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 one and a half inches at the left side and ruled margin of half inch at the right side, and a ruled margin of one inch 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.

6.9. Typing shall be ten letters to the inch, twenty-five lines to the page, exclusive of pager number, with two single spaces between lines. Whenever testimony is continuous, requiring more than one line, the typing shall begin as close as possible to the left ruled marginal line. Words shall be properly hyphenated when necessary.

6.10. 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.

6.11. 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.

6.12. The original transcript and one 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

6.13. The contractor agrees that all recordings, stenographic notes, or their equivalent, taken in connection with the services rendered under this contract, and typed 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.

6.14. Should the contractor be deemed the cause of VATVHS to re-hear any case, hearing, or other proceeding, the contractor shall provide the reporting services at that re-hearing at no cost to the VA TVHS. In addition, the contractor shall be liable for all VA TVHS 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:

a. Loss of original recordings, transcripts or photocopies.

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

c. Receipt of products by the VA TVHS in such poor condition as to be unusable.

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

e. Failure of the contractor to deliver transcripts (original and one copy) within three business days after a hearing.

VA Information and Information System Security/Privacy Language

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

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

3. VA Information Custodial Language:

a. Information made available to the contractor or subcontractor by VA TVHS 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 TVHS. This clause expressly limits the contractor and/or subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

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

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

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

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

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

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

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

2. Security Incident Investigation

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

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

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

3. Liquidated Damages for Data Breach

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

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

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

4. Security Controls Compliance Testing

On a periodic basis, VA TVHS, including the Office of the Inspector General, reserves the right to evaluate any or all of the security controls and privacy practices implemented by the contractor under the clauses contained within the contract. With ten working-days’ notice, at the request of the government, the contractor must fully cooperate and assist in a government-sponsored security controls assessment at each location where VA TVHS information is processed or stored, or information security systems are developed, operated, maintained, or used on behalf of the VA TVHS, including those initiated by the Office of the Inspector General. The government may conduct a security control assessment on shorter notice (to include unannounced assessments) as determined by VA TVHS in the event of a security incident or at any other time.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Contract Period: Base POP Begin: 06-18-2018 POP End: 06-17-2019

Contract Period: Base POP Begin: 06-18-2018 POP End: 06-17-2019

Contract Period: Base POP Begin: 06-18-2018 POP End: 06-17-2019

Contract Period: Base POP Begin: 06-18-2018 POP End: 06-17-2019

Contract Period: Base POP Begin: 06-18-2018 POP End: 06-17-2019

Contract Period: Option 1 POP Begin: 06-18-2019 POP End: 06-17-2020

Contract Period: Option 1 POP Begin: 06-18-2019 POP End: 06-17-2020

Contract Period: Option 1 POP Begin: 06-18-2019 POP End: 06-17-2020

Contract Period: Option 1 POP Begin: 06-18-2019 POP End: 06-17-2020

Contract Period: Option 1 POP Begin: 06-18-2019 POP End: 06-17-2020

Contract Period: Option 2 POP Begin: 06-18-2020 POP End: 06-17-2021

Contract…