36C25518Q0228-00001000.docx

36C25518Q0228 A00001 February 23, 2018

5. PROJECT NUMBER (if applicable)

CODE

7. ADMINISTERED BY

2. AMENDMENT/MODIFICATION NUMBER

CODE

6. ISSUED BY

8. NAME AND ADDRESS OF CONTRACTOR

4. REQUISITION/PURCHASE REQ. NUMBER

3. EFFECTIVE DATE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED

PAGE

OF PAGES

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED

BPA NO.

1. CONTRACT ID CODE

FACILITY CODE

CODE

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers

E. IMPORTANT:

is extended,

(a) By completing Items 8 and 15, and returning __________ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.

12. ACCOUNTING AND APPROPRIATION DATA

(REV. 11/2016)

is required to sign this document and return ___________ copies to the issuing office.

is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.

15C. DATE SIGNED

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER

BY

Contractor

16C. DATE SIGNED

14. DESCRIPTION OF AMENDMENT/MODIFICATION

16B. UNITED STATES OF AMERICA

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER

16A. NAME AND TITLE OF CONTRACTING OFFICER

15B. CONTRACTOR/OFFEROR

STANDARD FORM 30

PREVIOUS EDITION NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.243 (Type or print) (Type or print) (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

(Number, street, county, State and ZIP Code) (If other than Item 6) (Specify type of modification and authority) (such as changes in paying office, appropriation date, etc.)

(If required)

(SEE ITEM 11)

(SEE ITEM 13)

(X)

CHECK

ONE

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

(Signature of person authorized to sign) (Signature of Contracting Officer) 00001 02-23-2018 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 36C255 Department of Veterans Affairs Network Contracting Office (NCO) 15 3450 S 4th Street Trafficway Leavenworth

KS

66048 To all Offerors/Bidders

36C25518Q0228 02-23-2018

X X X X One(1) STENOGRAPHER/COURT REPORTER SERVICES for the Marion IL VA Medical Center and Evansville IN VA Out Patien

ADDENDA #1

This addenda provides questions received and answers per the attached document.

THERE ARE NO OTHER CHANGES

Larry A Buell Contracting Officer

NCO1515L2-3827

CONTINUATION PAGE

SOLICITATION ADDENDA #1

Answers to questions submitted by vendors concerning solicitation language

RFQ 36C25518C0228

1. Reference RFQ ¶ B.2, Item# 0001. We understand the Government's interest to pay for time spent, however, the court reporting industry consists primarily of freelance professional reporters. Consequently, freelance court reporters earn compensation by time and production, i.e., appearance fee and page rate. The court reporting industry does not typically bill or pay in 10-minute increments; the industry standard is half- and full-day appearance fees, which are typically billed in 30-minute to 1-hour increments. Would the Government consider revising Item# 0001 by removing the hourly, 10-minute increments and replacing it with two time items: Half-day appearance fee and Full-day appearance fee?

ANSWER #1: No. Our experience with previous contracts is that the requirements in CLIN #0001 are not unreasonable and are acceptable commercial practices in the Marion IL area.

2. Reference RFQ ¶ B.3(a)(3). Would the Government provide historical purchase data for the last three years for traditionally acquired court reporting services to include contractor name, scope of work provided (or acquired), and cost, or explain why the Government is withholding the information?

ANSWER #2: That information is available upon submission of a Freedom of Information Request. Please be specific in the requests to define the scope (government wide, VA wide, VISN 15 wide or a specific medical center or locale) and specify exactly what information is requested.

3. Id. Because court reporting requirements are sparse and unpredictable, professional court reporters operate as freelancers in the industry. Does the Government have any prohibition against the contractor utilizing freelance qualified professional court reporters under the direction of the contractor for purposes of performing under the subject contract?

ANSWER #3: No, you are free to use freelance (independent contractors). However, as specified Section E.1 – Instructions for Quotation Submission, subsection (d):

(4) Subcontracting.

(A) Subcontracting of services shall not be authorized for the stenographer/court reporting services without prior approval of the VA. Any subcontractor proposed must meet the same specifications, terms and conditions as the prime contractor. Please identify any subcontractor that will be used and what percent of the contract they will perform.

(B) In accordance with 13 CFR 125.6 (e)(3), work performed by an independent contractor shall be considered a subcontract, and may count toward meeting the applicable limitation on subcontracting where the independent contractor qualifies as a similarly situated entity. Identify in your quotation any independent contractors that will be used and what percent of the contract they will perform.

Please be aware that 13 CFR 125.6(a)(1) requires that the small business concern must agree that in the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. Any work that a similarly situated subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. This means that you can subcontract with similarly situated (small business) subcontractors or independent contractors but if they are not small businesses you cannot exceed the 50% rule.

4. Reference RFQ ¶ B.3(c)(2). It appears the Government's requirement in this paragraph is misstated. Does the Government want the transcript index page to precede or succeed the transcript title page? (Industry practices are to provide a title page as described by the Government with an index of speakers, witnesses, and exhibits immediately succeeding the title page.)

ANSWER #4: I believe you may be misreading this section. The word is “preceeding”, as in legal proceeding, not “precede”.

5. Reference RFQ ¶ B.3(c)(4). In our experience, court reporters retain exhibits proffered and accepted by the presiding official until the court reporter finalizes and certifies the record. Would the Government modify the price schedule to include contractor costs to deliver hard copy exhibits to the Government, or, in the alternative, would the Government explicitly state in the contract that contractor shall retain hard copy exhibits for sixty (60) days, thereafter, the contract shall destroy exhibits in accordance with Federal security laws and regulations?

ANSWER #5: Delivery of hard copies is not within the scope of the contract. If this is desired it may be accomplished in accordance with section B.3(t) with written prior approval of the Contracting Officer at a negotiated price. Please refer to solicitation Section B.3(k) for data maintenance procedures. Please refer to solicitation Section B.3(x) for records management procedures.

6. Reference RFQ ¶ B.3(i), NOTE. Would the Government consider revising the pricing schedule and minimums to reflect a minimum: (1) transcript fee and (2) appearance fee, where the minimum timeframe is four hours, which is industry standard?

ANSWER #6: No. Please see the answer to number 1 above. Two (2) hours is an acceptable commercial practice in the Marion IL area.

7. Reference RFQ ¶ B.3(j). Would the Government explain the circumstances in which a report is required?

ANSWER #7: The most common instances would be if requested by the preceeding official or the Contracting Officer’s Representative (COR).

8. Id. Would the Government clarify: Does the Government require the reporter to be mailed by US Postal Service, First Class mail or will an email to the Government suffice this requirement?

ANSWER #8: Providing electronically via email in Adobe.pdf format is preferred. Solicitation Section B.3(c)(1) states that transcript and all exhibits shall be provided electronically, in Adobe .pdf format and may be downloadable by the VA from a Contractor provided secure internet site.

9. Id. Would the Government provide an example of the report described in this paragraph?

ANSWER #9: Sorry, one is not available. For further clarification, the Government does not specify nor require a particular format for the report.

10. Reference RFQ ¶ B.3(k). Would the Government confirm the following: the Government only requires electronic certified transcripts and exhibits, correct?

ANSWER#10: Yes, confirmed.

11. Id. If correct, the Government requires the contractor to dispose of electronic transcripts only?

ANSWER #11: No. Please refer to solicitation section B.3(x) for records management procedures.

12. Id. In our experience with VA court reporting requirements, our clients require us to retain transcripts and files for seven (7) years. Would the Government confirm that the contractor shall dispose of electronic (and hard copy exhibits and transcripts if applicable) and not retain any records pursuant to all Federal and State laws and regulations that may require the Government to retain certain records for a minimum period of time?

ANSWER #12: No. Please refer to solicitation section B.3(x) for records management procedures.

13. Reference RFQ ¶ B.3(m)-(n)(1). Would the Government consider modifying the pricing schedule to reflect the contractor's price for transcript copy requirements that must be delivered in less than a Regular Copy, i.e., seven (7) calendar days?

ANSWER #13: Expedited delivery of transcripts is not within the scope of the contract. If this is desired it may be accomplished in accordance with section B.3(t) with written prior approval of the Contracting Officer at a negotiated price.

14. Id. Would the Government please clarify how the Government will provide notice to the contractor regarding the commencement of the seven (7)-day time-frame to provide a “regular” copy of the transcript?

ANSWER #14: The contractor will be notified via email that a decision has been rendered or a decision has not been rendered but to proceed with furnishing transcripts.

15. Reference RFQ ¶ B.3(o)-(p). Would the Government clarify the number, character, e.g., original or copy, and estimated historical quantities of hard copy transcripts required under this contract?

ANSWER #15: The Government does not require hard copy of transcripts, only originals in electronic format. The Government will be responsible for producing copies. We have no history of receiving hard copies.

16. Id. If the Government requires delivery of hard copy transcripts to be hand delivered to the client, would the Government modify the price schedule to allow the contractor to enter production and shipping costs?

ANSWER #16: Hand delivery of transcripts is not within the scope of the contract. If this is desired it may be accomplished in accordance with section B.3(t) with written prior approval of the Contracting Officer at a negotiated price.

17. Id. The Government defines "Regular Copy," however, there is not a detailed explanation of transcripts that may be required to be delivered in less than seven (7) calendar days. Would the Government modify the RFQ and price schedule to contemplate and explain "Irregular Copies" that may, from time to time, be required?

ANSWER #17: Irregular copies and expedited delivery of transcripts is not within the scope of the contract. If this is desired it may be accomplished in accordance with section B.3(t) with written prior approval of the Contracting Officer at a negotiated price.

18. Reference RFQ ¶ B.3(r). Would the Government define, "ABSE"?

ANSWER #18, upon reflection, the title “ABSE” is hereby deleted and is replace by the title “CONTRACT SUBSTITUTE PERFORMANCE”.

19. Reference RFQ ¶ B.3(s). Would the Government modify this requirement to reflect the industry standard, i.e., 24-hours? We recommend the following: "In cases when a proceeding has to be cancelled, the Contractor shall be notified by the Government at least 24-hours prior to the court reporter's scheduled appearance. Failure to do so will result in payment of the minimum full-day appearance fee."

ANSWER #19: No. Our experience with previous contracts is that the requirements for one-day vice 24 hours is not unreasonable and is an acceptable commercial practice in the Marion IL area. We will clarify that one day means up to close of business the day before the scheduled preceeding. I believe that the question of whether the Government would agree to a “minimum full-day appearance fee” was answered in question #1. The Government does not agree to a “minimum full-day appearance fee”.

20. Reference RFQ ¶ B.3(z). Court reporters generally receive additional compensation for nonstandard working hours, i.e., before 8:00 AM or after 5:00 PM local time. If the parties are to be bound by an ancillary agreement that is outside of the times contained in the contract, then such an action may obligate the contractor outside of the requirements in the contract, which is elsewhere prohibited in the contract. Would the Government modify the price schedule for "nonstandard hourly rates," and the contractor will simply charge that rate for time outside of the hours of operation?

ANSWER #20: Nonstandard work hours is not within the scope of the contract. If this is desired it may be accomplished in accordance with section B.3(t) with written prior approval of the Contracting Officer at a negotiated price.

21. Id. Billing in 10-minute increments is nonstandard. Would the Government modify the contract to accept billing in 30-minute increments?

ANSWER #21: No. Our experience with previous contracts is that the billing in 10-minute increments is not unreasonable and is an acceptable commercial practice in the Marion IL area.

22. Reference RFQ ¶ B.3(ac)(3) & (5). Would the Government provide the citation to the authorities that require contractors to register with CPARS and re-assign the Government's evaluation within 30-days and levy the penalties described in the contract?

ANSWER #22: As specified in section (ac) of the SOW, FAR part 42.15. I see that FAR 42.1503(f) – Procedures has changed. Solicitation section B.3(ac) is hereby changed as follows:

(3) Each Contractor whose contract award is estimated to exceed $150,000 will be provided CPARS access to review their report and for submitting comments, rebutting statements, or additional information. Access will be assigned to the email address of the person identified as the Contractor contact person in the Administration Section of the contract. It is the contractor’s responsibility to update both the contact person’s name and email address with the Contracting Officer if either change. is required to register with CPARS database at the following web address: www.cpars.csd.disa.mil. Help in registering can be obtained by contacting Customer Support Desk @ DSN: 684-1690 or COMM: 207-438-1690. Registration should occur no later than thirty days after contract award, and must be kept current should there be any change to the Contractor’s registered representative.

(4) For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the Contractor’s performance annually. Interim reports will be filed each year until the last year of the contract, when the final report will be completed. The report shall be assigned in CPARS to the Contractor’s designated representative for comment. The contractor will receive a CPARS-system generated notification when an evaluation is ready for comment. Contractors shall be afforded up to 14 calendar days from the date of notification of availability of the past performance evaluation to submit comments, rebutting statements, or additional information. The Contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

(5) The evaluations, including any contractor-submitted information (with indication whether agency review is pending), are automatically transmitted to PPIRS at http://www.ppirs.gov. not later than 14 days after the date on which the contractor is notified of the evaluation’s availability for comment. Failure to provide a response have a current registration with the CPARS database, or to re-assign the report to the CO within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the Contractor failed to respond.

23. Reference RFQ § E(a)(3). Would the Government consider modifying this paragraph to specifically allow submission of offers in PDF format? Currently, the Government's directive is that files "must be readable using Microsoft Office 2007" applications. We do not know whether or not Adobe PDF files are readable by the Microsoft Office applications.

ANSWER #23: Yes, E(a)(3) specifically states “when submitting files in Adobe PDF”. Adobe Acrobat allow us to translate .pdf into Microsoft Office format. Adobe .pdf is an acceptable response format.

24. Reference RFQ § E(4). As referenced elsewhere in our questions, the court reporting industry relies upon freelance certified court reporters who work on as-needed and as-available bases. To identify court reporters now for a hearing that may or may not take place in the future is not possible. Consequently, it is not possible to identify independent contractors to meet these requirements. We request the Government modify this requirement to require the contractor to use only court reporters and stenography/court reporting services that meet the qualifications mandated in the contract, and the contractor shall provide a certified court reporter who has completed the VA's Privacy Training prior to the start of the proceeding.

ANSWER #24: I believe you are referring to E(d)(4). Because similarly situated subcontractors may be used, the small business concern must agree that in the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not similarly situated. If the subcontractor is not identified it would not be possible to determine if they were similarly situated so it would not be possible to determine if the business was in compliance with the 50% rule. The subcontractor must be identified before commencing work.