S02 - Solicitation 36C24924Q0440 Court Reporting Services Memphis and Louisville VAs.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C24924Q0440 09-16-2024

Shawn Hendricks 615-225-6409 09-23-2024

2PM CDT

Department of Veterans Affairs

Network Contracting Office 9 (90C)

1639 Medical Center Parkway, Suite 204

Murfreesboro TN 37129

X 100

X

561492

$19 Million

NET 15

N/A

Department of Veterans Affairs

Memphis & Robley Rex VAMCs

116 N Pauline St & 800 Zorn Ave

Memphis, TN 38105 & Louisville, KY 40206

90C

Network Contracting Office 9

Department of Veterans Affairs

Network Contracting Office (90C)

1639 Medical Center Parkway Suite 204

Murfreesboro TN 37129

90C

FSC e-Invoicing 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 reporting services for the Memphis VA and the Robley

Rex VA Medical Centers and all associated Community

Based Outpatient Clinics (CBOCs). Request for Quote

IAW FAR Part 13.5.

NOTE: THIS IS A 100% SERVICE-DISABLED VETERAN-OWNED SMALL

BUSINESS (SDVOSB) SET-ASIDE. ALL QUOTERS MUST BE VETCERT

VERIFIED AT THE TIME OF QUOTE SUBMISSION AND BEFORE AWARD.

This RFQ will result in a Blanket Purchase Agreement (BPA) with a period of performance of 10/01/2024 thru 09/30/2029.

The BPA will consist of five (5) one-year ordering periods which will allow for price escalation each year.

Service Contract Labor Standards Wage Determinations, by

State/County. Utilize the following link for the most current versions:

https://sam.gov/content/wage-determinations

See CONTINUATION Page

Shawn M. Hendricks

NCO915L2-4043

36C24924Q0440

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK - MEMPHIS VA

B.2 STATEMENT OF WORK

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

B.4 BPA TERMS & CONDITIONS

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS

AND COMMERCIAL SERVICES (NOV 2023)

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

C.3 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (SEP 2023)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

E.4 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

E.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

E.8 EVALUATION OF QUOTES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 STATEMENT OF WORK - MEMPHIS VA

Court Reporter Services

SECTION 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 Memphis VA Medical Center (VAMC) and associated Community

Based Outpatient Clinics (CBOCs) upon request. The services may be required for, but not limited to: Administrative Investigation Boards (AIBs), Disciplinary Appeals Boards (DABs), 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.

1.1.1 The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract which includes VA Handbook 6500.6

Appendix C, and a required Business Associate Agreement.

PERIOD OF PERFORMANCE.

The period of performance for Court Reporting services shall be for 3 years. Court reporting requirements shall occur intermittently through each fiscal year; the requirement may be an urgency of need with only one day in advance notice. However, the Memphis VAMC shall strive to inform the Contractor at least one week (5 business days, excluding holidays) in advance. It must be noted here that the Government does not automatically extend contracts beyond their initial period of 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.

BACKGROUND INFORMATION.

1.3.1. It is the intent of this document to establish a non-personal performance-based service contract for the Memphis VAMC.

1.3.2. Invoices: Unless another form of payment is agreed upon by the Contracting Parties (i.e., Government Credit Card), invoices received from the Contractor must provide the unique Task

Order Number that will be given for each requirement issued under this contract.

Contractor shall be required to invoice through the authorized government electronic processing system.

Payment of invoices are made in arrears, upon certification of invoice. Invoices shall be submitted in accordance with the invoice clauses. Ensure the obligation # and a company invoice # is included on the invoice.

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

Procedure Quantity per year

Administrative Investigations 2 per year

EEO Hearings 5 per year

MSPB Hearings 5 per year

Other 8 per year

NOTE: The estimated quantities are based on annual historic data based on prior year needs.

Actual quantities may vary.

1.3.4. AIBs are established by the Memphis 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.

1.3.5. 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.

1.3.6. 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 (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 processes. Court Reporters must have at least one year experience in court reporting and have the necessary training and education required in

Court Reporting along with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. The Court Reporter must hold the certification as a National Court Reports

Association (NCRA) Registered Professional Reporter (RPR), or equivalent (determination of equivalency at the discretion of the Memphis VAMC). Appropriate credentials must be provided within one (1) 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 Memphis 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 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 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. 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 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. 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 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. 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.

1.4.7.1. 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 Memphis VAMC 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.

1.4.8. Place of Performance: Most services will be provided at the Memphis VAMC 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. The CBOCs with their addresses that are supported by this contract are:

Jackson Outpatient Clinic 180 Old Hickory Blvd Jackson, TN 38305;

Nonconnah Outpatient Clinic 1689 Nonconnah Parkway Memphis, TN 38116

1.5. HOURS OF OPERATION.

1.5.1. Normal Business Hours. The Memphis VAMC’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 unless otherwise stated.

1.5.2. 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; 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. A process of gathering evidence and ascertaining facts about particular matters, conducted primarily to enhance administrative effectiveness and efficiency.

Administrative Investigation Board. 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).

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 are 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. 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.

5.2. All Court Reporters that perform under this contract shall at a minimum currently possess, a

National Court Reporters Association (NCRA) Registered Professional Reporter (RPR) certificate or a State level Court Reporter certificate. The Court Reporter shall be present/virtually 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.

5.3. 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.

5.4. 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.

5.5. 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.

5.6. HEARING AND DELIVERABLES TIMELINES:

5.6.1. 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 five (5) business days of each testimony in order to comply with the due date. In the instance 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.

5.6.2. All other types of hearings do not have a turn-around time because portal access will be given to all authorized persons requiring access for each hearing or deposition.

5.7. 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.

5.8. 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 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) within five (5) business days after an

AIB.

B.2 STATEMENT OF WORK

Court Reporter Services

SECTION 1 GENERAL

1.1. 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 Robley Rex VA Medical Center (VAMC) and associated

Community Based Outpatient Clinics (CBOCs) upon request. The services may be required for, but not limited to: Administrative Investigation Boards (AIBs), Disciplinary Appeals

Boards (DABs), 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.

1.1.1 The contractor, their personnel, and their subcontractors shall be subject to the Federal laws, regulations, standards, and VA Directives and Handbooks regarding information and information system security as delineated in this contract which includes VA Handbook 6500.6

Appendix C, and a required Business Associate Agreement.

1.2.PERIOD OF PERFORMANCE.

The period of performance for Court Reporting services shall be for 3 years. Court reporting requirements shall occur intermittently through each fiscal year; the requirement may be an urgency of need with only one day in advance notice. However, the VAMC shall strive to inform the Contractor at least one week (5 business days, excluding holidays) in advance. It must be noted here that the Government does not automatically extend contracts beyond their initial period of 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 Medical Center.

1.3.2. Invoices: Unless another form of payment is agreed upon by the Contracting Parties (i.e., Government Credit Card), invoices received from the Contractor must provide the unique Task

Order Number that will be given for each requirement issued under this contract.

Contractor shall be required to invoice through the authorized government electronic processing system.

Payment of invoices are made in arrears, upon certification of invoice. Invoices shall be submitted in accordance with the invoice clauses. Ensure the obligation # and a company invoice # is included on the invoice.

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

Procedure Quantity per year

Administrative Investigations 5 per year

EEO Hearings 5 per year

MSPB Hearings 1 per year

Other 3 per year

NOTE: The estimated quantities are based on annual historic data based on prior year needs.

Actual quantities may vary.

1.3.4. AIBs 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.

1.3.5. 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.

1.3.6. 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 (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 processes. Court Reporters must have at least one year experience in court reporting and have the necessary training and education required in

Court Reporting along with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. The Court Reporter must hold the certification as a National Court Reports

Association (NCRA) Registered Professional Reporter (RPR), or equivalent (determination of equivalency at the discretion of VAMC). Appropriate credentials must be provided within one

(1) 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. 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 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 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. 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 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. 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 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. 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.

1.4.7.1. 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.

1.4.8. 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. The CBOCs with their addresses that are supported by this contract are:

• Robley Rex VAMC 800 Zorn Ave Louisville, KY 40206;

• New Albany CBOC, 811 Northgate Boulevard, New Albany, IN 47150;

• DuPont CBOC, 4010 DuPont Circle, Louisville, KY 40207;

• Shively CBOC, 3934 North Dixie Highway, Louisville, KY 40216;

• Newburg CBOC, 3430 Newburg Road, Louisville, KY 40218.

• Ireland Army Community Hospital (LACH) CBOC, 851 Ireland Avenue, Fort

Knox, KY 40121;

• Grayson County CBOC, 619 West Main Street, Clarkson, KY 42726;

• Carroll County CBOC, 1901 Highway 227, Carrollton, KY, 41008;

• Indianapolis, 101 West Ohio Street, Suite 1900, Indianapolis, IN 46204

• Linn Station, 10180 Linn Station Road, Suite 100 Room 105, Louisville, KY

40223

• Federal Building, 600 Dr. Martin Luther King place, Louisville, KY 40202

• Scott County CBOC, 279 North Gardner Street, Scottsburg, IN, 47170.

1.5. HOURS OF OPERATION.

1.5.1. 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 unless otherwise stated.

1.5.2. 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; 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 week end 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. A process of gathering evidence and ascertaining facts about particular matters, conducted primarily to enhance administrative effectiveness and efficiency.

Administrative Investigation Board. 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).

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 are 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. 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.

5.2. All Court Reporters that perform under this contract shall at a minimum currently possess, a

National Court Reporters Association (NCRA) Registered Professional Reporter (RPR) certificate or a State level Court Reporter certificate. The Court Reporter shall be present/virtually 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.

5.3. 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.

5.4. 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.

5.5. 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.

5.6. HEARING AND DELIVERABLES TIMELINES:

5.6.1. 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 five (5) business days of each testimony in order to comply with the due date. In the instance 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.

5.6.2. All other types of hearings do not have a turn around time because portal access will be given to all authorized persons requiring access for each hearing or deposition.

5.7. 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.

5.8. 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 attorneys fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:

o Loss of original recordings, transcripts or photocopies.

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

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

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

o Failure of the Contractor to deliver transcripts (original) within five (5) business days after an AIB.

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

1.00 EA ________________

PORTAL ACCESS - Single person access to transcripts and to download 1 copy as necessary. Cost per page Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services PRODUCT/SERVICE CODE: R606 - Support - Administrative:

Court Reporting

COR PORTAL ACCESS - 24/7 Contracting Officer's Representative (COR access to transcripts, invoices, etc.

COR will not ever print any transcripts.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

ORIGINAL - Single original hard copy with 5 day turn around time (TAT) for Administrative Investigation Boards (AIBs).

Cost per page.

Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

1.00 HR ________________

DEPOSITION - Court Reporter VIRTUAL appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

DEPOSITION - Court Reporter IN-PERSON appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

HEARING (AIB, DAB, EEO MSPB) - Court Reporter VIRTUAL appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

HEARING (AIB, DAB, EEO MSPB) - Court Reporter IN- PERSON appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME DEPOSITION - Court Reporter VIRTUAL appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME DEPOSITION - Court Reporter IN-PERSON appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME HEARING (AIB, DAB, EEO MSPB) - Court Reporter VIRTUAL appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME HEARING (AIB, DAB, EEO MSPB) - Court Reporter IN-PERSON appearance fee Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

1.00 HR ________________ ________________

CANCELLATION FEE - For Court Reporter VIRTUAL appearance Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

CANCELLATION FEE - For Court Reporter IN-PERSON appearance Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

PORTAL ACCESS - Single person access to transcripts and to download 1 copy as necessary. Cost per page Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COR PORTAL ACCESS - 24/7 Contracting Officer's Representative (COR access to transcripts, invoices, etc.

COR will not ever print any transcripts.

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

ORIGINAL - Single original hard copy with 5 day turn around time (TAT) for Administrative Investigation Boards (AIBs).

Cost per page.

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

DEPOSITION - Court Reporter VIRTUAL appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

DEPOSITION - Court Reporter IN-PERSON appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

HEARING (AIB, DAB, EEO MSPB) - Court Reporter VIRTUAL appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

HEARING (AIB, DAB, EEO MSPB) - Court Reporter IN- PERSON appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME DEPOSITION - Court Reporter VIRTUAL appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME DEPOSITION - Court Reporter IN-PERSON appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME HEARING (AIB, DAB, EEO MSPB) - Court Reporter VIRTUAL appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME HEARING (AIB, DAB, EEO MSPB) - Court Reporter IN-PERSON appearance fee Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

CANCELLATION FEE - For Court Reporter VIRTUAL appearance Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

CANCELLATION FEE - For Court Reporter IN-PERSON appearance Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

PORTAL ACCESS - Single person access to transcripts and to download 1 copy as necessary. Cost per page Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and

COR PORTAL ACCESS - 24/7 Contracting Officer's Representative (COR access to transcripts, invoices, etc.

COR will not ever print any transcripts.

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

ORIGINAL - Single original hard copy with 5 day turn around time (TAT) for Administrative Investigation Boards (AIBs).

Cost per page.

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

DEPOSITION - Court Reporter VIRTUAL appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

DEPOSITION - Court Reporter IN-PERSON appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and

Stenotype Services

HEARING (AIB, DAB, EEO MSPB) - Court Reporter VIRTUAL appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

HEARING (AIB, DAB, EEO MSPB) - Court Reporter IN- PERSON appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME DEPOSITION - Court Reporter VIRTUAL appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME DEPOSITION - Court Reporter IN-PERSON appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME HEARING (AIB, DAB, EEO MSPB) - Court Reporter VIRTUAL appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

OVERTIME HEARING (AIB, DAB, EEO MSPB) - Court Reporter IN-PERSON appearance fee Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court…