36C25022Q0972.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

36C25022Q0972 08-15-2022

Josh Kovar - Joshua.Kovar@VA.gov 937-268-6511 x 7141 09-09-2022

13:30 EDT

36C250

Department of Veterans Affairs Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210 Kettering OH 45409-1337

X 100

X

561492

$16.5 Million

N/A

X

36C250

Department of Veterans Affairs VHA, VISN10 Medical Centers Network Contracting Office (NCO 10) 4100 West Third Street Dayton OH 45428-9000

36C250

Department of Veterans Affairs Network Contracting Office (NCO-10) 3140 Governors Place Blvd. Suite 210

FMS-VA-2(101)

Financial Services Center PO Box 149971 Austin TX 78714-9971

See CONTINUATION Page

This solicitation is a Request for Quote (RFQ) for Court Reporting and Transcription Services. The Government intends award a Indefinite Delivery - Indefinite Quantity (IDIQ) contract. Contractor shall provide all necessary personnel supervision, labor, equipment, materials and disposal necessary to provide Court Reporting and Transcription services at VHA-VISN 10 Medical Centers and CBOCs pursuant to the Performance Work Statement described herein.

Quoters should carefully follow instructions included on page number 125 for evaluation criteria specified in section E5. Pricing should be identified in Price/Cost Schedule attached to the RFQ.

The following Wage Determinations apply to this contract.

Please see Section D for applicable Wage Determinations.

All Quotes shall be emailed to Joshua.Kovar@VA.gov Any Quote not compliant with RFQ will not be considered.

See CONTINUATION Page x X

36C25022Q0972

Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PERFORMANCE WORK STATEMENT

VA INFORMATION AND INFORMATION SYSTEM SECURITY/PRIVACY LANGUAGE

B.3 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

C.1 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

C.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.3 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.4 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA ACQUISITION OF

COMMERCIAL ITEMS (APR 2020)

C.5 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND COMPLIANCE

(JUL 2018)

C.6 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—CERTIFICATE OF

COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021) (DEVIATION)

C.7 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020)

C.8 52.216-18 ORDERING (AUG 2020)

C.9 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.10 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY

2022) (JUL 2020) (DEVIATION)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

D.1 VHA VISN10 NETWORK – WAGE DETERMINATIONS

BUSINESS ASSOCIATE AGREEMENT BETWEEN THE DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION, VHA - VISN 10 MEDICAL CENTERS, AND

SECTION E - SOLICITATION PROVISIONS

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

SERVICES (NOV 2021)

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

E.4 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.5 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV

2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (MAY 2022) (JUL 2020) (DEVIATION)

E.9 INSTRUCTIONS TO QUOTERS – EVALUATION OF QUOTES

E.8 WAGE DETERMINATION - MEMORANDUM FOR RECORD

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 36C250 John M. Ryan

Network Contracting Office (NCO) 10 3140 Governor’s Place Blvd. Suite 210

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

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award

Management, or [X] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [X] Upon Completion of Individual Task orders

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.

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

AMENDMENT NO DATE

B.2 PERFORMANCE WORK STATEMENT

VHA VISN10 - COURT REPORTING AND TRANSCRIPTION SERVICES

1.1 GENERAL

1.1.1 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 VHA VISN 10 upon request. The services may be required for, but not limited to: Administrative Investigations, Disciplinary Appeals Boards, Equal Employment Opportunity (EEO) hearings or Merit Systems Protection Board (MSPB) hearings, Office of Resolution Management, or Regional Counsel requirements. It will also be used for any other meetings, events, or previously recorded depositions/testimony that require legal documentation.

1.2 PERIOD OF PERFORMANCE.

The period of performance for Court Reporting services shall be for one base and four ordering periods. Court reporting requirements shall occur intermittently through each fiscal year and estimated totals for the stations across VISN 10 are listed in 1.3.3. Network Contracting Office (NCO)-10 Contracting shall strive to inform the Contractor at least fifteen (15) days in advance, however, sometimes there may be urgent events that are requested with less than 72 hours remaining until the hearing, board, deposition or other. If a short notice (less than 72 hours) onsite requirement is requested, we ask that the vendor uses best effort to facilitate a court reporter for onsite services.

No work is to be performed without either a purchase order or a contract that has been signed by a Warranted Contracting Officer (CO). It is the vendor’s responsibility to verify that a purchase order or contract has been secured prior to the start of any performance.

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 indefinite quantity indefinite delivery (IDIQ) service contract for the VA VHA VISN-10 Medical Centers, CBOC’s and other Facilities.

1.3.2. Invoices: Unless another form of payment is agreed upon by the Contracting Parties prior to the start of the requirement (i.e., Government Credit Card (GCPC)), invoices received from the Contractor must provide the unique Task Order Number that will be given for each requirement issued under this contract. Use of Government Credit Card (GCPC) is not common.

Contractor shall be required to invoice through the VA’S Tungsten Network. Information regarding Tungsten Network will be provided at time of contract award.

Payment of invoices are made in arrears, upon certification of invoice. Invoices shall be submitted in accordance with the invoice clauses.

1.3.3. This is an IDIQ contract with an estimate minimum of 1 and estimated maximum of 776 cases, hearings, boards, or other requirements for VHA VISN 10. NOTE: Due to the inability to predict quantities with complete accuracy, the award will contain estimated quantities based upon recent usage reports. The quantities will increase or decrease as needs change.

FACILITY FY21 FY22* FY23** FY24** FY25** FY26** FY27** EST.TOTAL

CHILLICOTHE 7 2 5 5 7 7 9 33

CINCINNATI 21 17 21 21 23 23 25 113

CLEVELAND 15 16 18 20 20 22 24 104

COLUMBUS 11 9 11 11 13 13 15 63

DAYTON 16 13 20 20 22 22 22 102

INDIANAPOLIS 12 2 10 12 12 12 12 58

N. INDIANA 9 1 6 8 8 8 10 40

ANN ARBOR 5 8 9 10 10 12 12 53

BATTLECREEK 7 7 10 10 10 12 12 54

DETROIT 13 5 10 10 12 12 14 54

SAGINAW 0 9 10 10 11 11 12 54

VISN LEVEL 1 6 8 8 8 10 10 44

TOTAL 117 95 136 145 154 164 177 776

*FY22 numbers include actual requirements between 10/01/21 – 07/14/22 **FY23-FY27 are estimated quantities based upon historical data, The total contract value may increase up to 20% of the base award. The maximum total will be determined and listed in the task order at time of award as determined by the base award total.

The quantities listed in the price/cost schedule for required services are based upon the total estimated need for each CLIN for the places of performance listed in 1.4.9. of the PWS. Each requirement/case to be a minimum of four (4) hours. If less than 4 hours were utilized the vendor shall invoice for the 4-hour minimum.

Task orders estimates are based on hours requested or days requested. The Government estimates transcript generation per day at 250 pages. If 250 pages per day is eclipsed, the vendor shall notify the CO/CS immediately and provide an updated page count for the task order. The CO will perform a contract modification to increase funding for the requested pages. This is not common

It is to be expected that task orders to be placed against any resulting contract are likely to vary, potentially significantly, from the estimated quantities listed.

The task orders to be placed against this contract will provide not to exceed amounts against the listed CLINs.

Vendor shall invoice upon completing each Task Order. Invoice shall be paid based upon the actual services rendered (i.e. the number of hours worked, and number of pages produced). Invoices shall include purchase order number as directed by the VA’s electronic invoicing policy.

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

Once scheduled, the schedule may change or even be cancelled at any time up until the time scheduled because of unforeseen events that may arise.

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 investigation or activity.

1.3.7. NCO-10 will either request an on-site or virtual reporter. If virtual, the vendor may need to provide a link to the VA prior to the requirement start time. Methods for virtual shall include, Microsoft TEAMS, or any VA approved and mutually agreed upon medium.

1.3.8. Cancellation of a Requirement: The Government may postpone or cancel requirements. If a cancellation or postponement occurs within 1 one day (24 hours) of the requirement, the vendor shall invoice for the contract minimum of 4 hours.

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, 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 located in building 9. This Officer will issue a temporary ID badge to the contracted employee, who in turn, will properly display the badge while working at the Medical Center. Upon completion of the assignment, the employee will return the badge to the PIV Officer.

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

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

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

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

1.4.9. Place of Performance: Services will either be provided at the required VA Medical Center in a conference room setting or performed virtually via TEAMS, WebEx or other VA approved and agreed upon medium. 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 work to be performed under this contract will be performed within a ten-mile radius of the below listed organizations:

Ohio Locations Cleveland VA Medical Center

10701 East Boulevard, Cleveland, OH 44106 Chillicothe VA Medical Center

17273 State Route 104, Chillicothe, OH 45601 Chalmers P. Wylie VA Ambulatory Care Center (Columbus)

420 N James Rd, Columbus, OH 43219 Cincinnati VA Medical Center

3200 Vine St, Cincinnati, OH 45220 Dayton VA Medical Center

Indiana Locations

Indianapolis VA Medical Center 1481 W 10th St, Indianapolis, IN 46202

Marion VA Healthcare Center 1700 E 38th St, Marion, IN 46953

Ft. Wayne VA Healthcare Center 2121 Lake Ave, Fort Wayne, IN 46805

Michigan Locations Ann Arbor VA Medical Center

2215 Fuller Rd, Ann Arbor, MI 48105 Battle Creek VA Medical Center

5500 Armstrong Rd, Battle Creek, MI 49037 John D. Dingell VA Medical Center (Detroit)

4646 John R St, Detroit, MI 48201 Aleda E. Lutz VA Medical Center (Saginaw)

1500 Weiss St, Saginaw, MI 48602

The Government reserves the right to add any additional Medical Centers, CBOC’s or other facilities to the contract as they become available. During the life of this contract, there may be a need or an occasion that may arise that will require the services of the Court Reporter to be at another location other than mentioned above. If so, the CO will give explicit instructions as to where and when the needed services will be required.

1.5. SECURITY REQUIREMENTS

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

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

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

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

1.5.4. In the performance of official duties, the Contractor's employees shall have access to information containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 USC 552a);

the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); Federal Regulations and statutes; and VAMC policies and standard operating procedures. The Contractor and Contractor's employees are responsible for:

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

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

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

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

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

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

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

Assure that all PHI has been returned to the COR.

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

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

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

1.6. QUALITY CONTROL.

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

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

1.7. PERFORMANCE ASSESSMENT (QUALITY ASSURANCE SURVEILLANCE PLAN)

1.7.1 The Government will evaluate the contractor’s performance under this contract using the method of surveillance specified below. All surveillance observations will be recorded by the government. 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.

Para No.

Performance Objective

Standard (AQL)

5.3 Full

Representative at all scheduled hearings

A trained and experienced transcriptionist with experience in AIB’s, EEO Hearings, and MSPB Hearings is prompt and present for all scheduled hearings with functioning recording equipment

Not late (longer than 30 minutes) to more than (6) six hearings per year when provided at least 72 hours’ notice. Or (2) two failures (longer than 30 minutes), that cause the requirement to be postponed or cancelled. All direct and indirect costs associated with re-hearings will be reimbursed to the Government

5.7 Timely

Delivery

Requested type of transcribed copies (Paper, digital, e-mailed, etc.) of reports are delivered as stated in paragraph 5.7.

Less than 5% of the reports are late. If reports are late, the vendor shall bill for the next tier of deliverables (see 5.7.1)

5.8 – 5.11

Error-Free Deliverables

Hearing recordings, transcriptions and photocopies accurately reflect that which transpired at the hearing, the individual testimonies are appropriately bound in a sturdy plastic folder, clear front cover, with metal prongs, include an acknowledgement/errata sheet inserted at the front, and a word index behind the testimony.

Less than 3% of recordings, transcriptions and photocopies must be returned for correction by the Contractor. All corrections are made and re-delivered to the COR within five (5) days of notification of the need for correction.

Department of Labor – Wage Determination Compliance

Shall submit confirmation of compliance with the current Department of Labor Wage Determination (WD) hourly rate if requested by the CO in writing within four (4) hours of request which may include an itemized list of the hourly rate being paid for employees performing services under this contract

The Contracting Officer (CO) will conduct random compliance checks with the contractor as necessary. 100% Compliance will be necessary to exercise any option years and/or provide satisfactory or better past performance on CPARS

Compliance The contractor shall submit confirmation of The Contracting Officer (CO) will conduct with FAR 52.219-14 Limitations on Subcontracting Requirements compliance with the FAR 52.219-14 Limitations on Subcontracting requirement that “at least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern” as specified by the Contracting Officer (CO) in writing within four (4) hours of request.

random compliance checks with the contractor as necessary. 100% Compliance will be necessary to exercise any option years and/or provide satisfactory or better past performance on CPARS

***Report of Non-Compliance shall be directed to SBA for remediation by the

CO.***

1.7.2. The AIB team leader, team, or other designated VA staff member will evaluate the quality and timeliness of the product and services and notify the COR and the Chief, Quality & Performance Improvement or other 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. Normal Business Hours. The VA Medical Center’s normal business hours are 8:00AM to 5:00PM, Monday through Friday, excluding Federal Holidays. Services required by this contract will only be required during normal business hours.

If the period of performance exceeds normal business hours, the CO shall be notified by the close of the next business day with supporting documentation including hours used and who authorized the additional time. This is not common

1.8.2. Federal Holidays. The 11 holidays observed by the Federal Government are: New Year’s Day; Martin Luther King’s Birthday; President’s Day; Juneteenth; 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 (AI). A process of gathering evidence and ascertaining facts about particular matters, conducted primarily to enhance administrative effectiveness and efficiency.

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

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

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

Convening Authority. The authority responsible for convening and supervising administrative investigations under VA Directive 0700. Convening Authorities include the Heads of VA

Administrations and Staff Offices, Chief executives of VA facilities, and 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 is restricted because of their possible interference with operating medical equipment. Strict adherence to the rules concerning the usage of these devices must be observed throughout the Medical Center.

SECTION 4 CONTRACTOR FURNISHED ITEMS AND SERVICES.

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

SECTION 5 SPECIFIC TASKS.

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

Prior to the scheduled meeting time:

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

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

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

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

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

have two (2) channels.

be continuously monitored by an operator.

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

have an equipment malfunction indicator.

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

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

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

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

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

5.7. HEARING AND DELIVERABLES TIMELINES:

5.7.1. Transcripts, if required are generally requested within (3) weeks [or (15) fifteen business days] turnaround or less (1, 3, 5, 7, 10, 15 business days), from the date of the last sworn testimony taken in a proceeding. The number of pages contained in each transcript will be determined by the length of the proceedings. Transcripts may be requested in paper form, virtual, or both. Paper copies must be received by the POC by the agreed upon time in the task order to be considered on-time. Any late transcripts shall be billed at the next turnaround tier (i.e., 3 business day turnaround was requested but POC received in 7 business days), vendor shall invoice for 7 business days as opposed to 3 business days.

There may be some requirements where transcripts are not needed, but they may be needed at an undetermined future date. If transcripts from a previous requirement where they were not ordered are needed the Contractor shall provide copies of these transcripts by the requested deadline defined in the purchase order and at the agreed upon per page price. This is not common.

5.7.2. 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 requested timeframe per the purchase order) business days of each testimony in order for the deadline to be met. In the event that an extension of time should become necessary for completion beyond the initial 45-day period, the presiding official/Team Leader will notify the Court Reporter of this change.

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

5.7.4. MSPB processes rarely exceed 3-5 days. Transcribed testimony must be returned to the Team Leader within (within requested timeframe per the purchase order) business days of each testimony in order for the deadline to be met.

5.7.5. Other requirements including Pre-Recorded testimony, Quality Department Audits and other events will be returned within the requested timeframe per the purchase order in order for any deadlines to be met.

5.7.6 Pre-Recorded Testimony will be sent to the vendor via tracked common carrier in form of CD or DVD.

Vendor to provide transcripts within (within requested timeframe per the purchase order) business days after receipt of transcripts (verified with tracking numbers) in order for any deadlines to be met. Vendor to destroy disk or VA supplied medium immediately following verified receipt of error-free transcripts from station POC.

5.8. TRANSCRIPTION FORMAT:

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

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

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

5.8.4. Visible Black Character.

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

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z a b C D e f G H I j k l m n o p q r s t u v w X y z

` 1 2 3 4 5 6 7 8 9 0 - = [ ] \ ; ‘ , . / “

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

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

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

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

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

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

CERTIFICATE

Certificate of Reporter:

Name of Hearing/Type of Proceeding:

Docket Number:

Place of Hearing:

Date of Hearing:

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

Name and Signature of Court Reporter Date

Name of Company

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

5.10. Should the Contractor cause the Government to re-hear any case or hearing or other proceeding, the Contractor shall provide the reporting services at that re-hearing at no cost to the Government. In addition, the Contractor shall be liable for all Government expenses, claimant expenses and attorney’s fees incidental to the re-hearing. Although not a comprehensive list of examples, causes for re-hearings may include:

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 and 1 copy) within requested timeframe that is indicated on purchase order.

5.11. Transcript pricing is per page of official transcripts. Extraneous pages including the following shall not be considered applicable to transcript pricing.

a. Errata sheets

b. Certification Sheets

c. Signature sheets

d. Acknowledgement of Testimony

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 and Handbooks as VA and VA personnel regarding information and information system security.

2. Access to VA Information and VA Information Systems:

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

b. All contractors, subcontractors, and third-party servicers and associates working with VA information are subject to the same investigative requirements as those of VA appointees or employees who have access to the same types of information. The level and process of background security investigations for contractors must be in accordance with VA Directive and Handbook 0710, Personnel Suitability and Security Program. The Office for Operations, Security, and Preparedness is responsible for these policies and procedures.

c. Contract personnel who require access to national security programs must have a valid security clearance. National Industrial Security Program (NISP) was established by Executive Order 12829 to ensure that cleared U.S. defense industry contract personnel safeguard the classified information in their possession while performing work on contracts, programs, bids, or research and development efforts. The Department of Veterans Affairs does not have a Memorandum of Agreement with Defense Security Service (DSS).