36C25518Q0228-001.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. DUNS: DUNS+4:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

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

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

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

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 63

36C25518Q0228 02-16-2018

Buell, Larry A (913)946-1961 03-01-2018 3:00 pm

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

Leavenworth KS 66048

X 100

X

561492

$15 Million

N/A

Dept. of Veterans Affairs

Marion VA Medical Center

2401 W Main St

Marion IL 62959-1188

36C255

Department of Veterans Affairs

Network Contracting Office (NCO) 15

3450 S 4th Street Trafficway

36C255

Department of Veterans Affairs

Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX

877-353-9791 512-460-5429

See CONTINUATION Page

STENOGRAPHER/COURT REPORTER SERVICES for the Marion IL VA

Medical Center.

1) Furnish stenographer/court reporter services per the attached Statement of work (SOW), terms and conditions.

2) The Government anticipates awarding a base one (1) year contract with four (1) one (1) year option periods.

3) Detailed instructions for submitting a quaotation are provided in Section E.

4) Award will be Best Value to the Government (price and non-price factors considered).

5) This solicitation is 100% set-aside for Small Business participation.

See CONTINUATION Page

X X

Larry A Buell

NCO1515L2-3827

36C25518Q0228

Table of Contents

SECTION A

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

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 PRICE SCHEDULE

B.3 STATEMENT OF WORK

SECTION C - CONTRACT CLAUSES

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

(End of Clause)

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

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

C.6 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.7 52.228-5 INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997) . 19

C.8 SUPPLEMENTAL INSURANCE REQUIREMENTS

C.9 VAAR 852.203-70 COMMERCIAL ADVERTISING (JAN 2008)

C.10 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2012)

C.11 VAAR 852.237-70 CONTRACTOR RESPONSIBILITIES (APR 1984)

C.12 VA INFORMATION AND INFORMATION SYSTEM SECURITY/ PRIVACY

LANGUAGE FOR INCLUSION INTO CONTRACTS, AS APPROPRIATE

C.13 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (NOV 2017)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

Attachment (1) - WAGE DETERMINATIONS INCORPORATED BY REFERENCE

Attachment (2) - BUSINESS ASSOCIATE AGREEMENT

SECTION E - SOLICITATION PROVISIONS

*INSTRUCTIONS FOR QUOTATION SUBMISSION*

E.1 52.216-1 TYPE OF CONTRACT (APR 1984)

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

E.3 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JUL 2016)(DEVIATION)

E.4 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(JAN 2008)

E.5 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (JAN 1998)

E.6 VAAR 852.270-1 REPRESENTATIVES OF CONTRACTING OFFICERS (JAN 2008) .. 47

E.7 52.212-2 EVALUATION—COMMERCIAL ITEMS (OCT 2014)

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL

ITEMS (NOV 2017)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

(Continuation from Standard Form 1449, block 18A.)

(a). CONTRACT ADMINISTRATION: All contract administration matters will be handled by the following individuals:

(1). CONTRACTOR: ____________________________________

DUNS: ____________________________________

Tax Identification Number (TIN): ____________________________________

Contact person name: ____________________________________

Contact person email: ____________________________________

Contact person telephone: ____________________________________

Contact person fax: ____________________________________

(2). GOVERNMENT: DEPT. OF VETERANS AFFAIRS

Veterans Health Administration

Network Contracting Office (NCO) 15

3450 S 4th St. Trafficway

(b). 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 (JUL 2013, or

[] 52.232-36, Payment by Third Party

(c). INVOICES: Invoices shall be submitted:

(1). Quarterly []

(2). Semi-Annually []

(3). Other [X] – In arrears at the completion of each stenography/court reporting proceeding and acceptance of that proceeding’s transcript.

Invoice must specify Contract Line Item Number (CLIN), quantity furnished and date furnished.

(d). GOVERNMENT INVOICE ADDRESS:

(1). All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause

852.232-72 Electronic Submission of Payment Requests.

Department of Veterans Affairs

Financial Services Center http://www.fsc.va.gov/einvoice.asp

Austin TX http://www.fsc.va.gov/einvoice.asp

(2). The contractor shall submit original invoices in proper electronic format to the Financial Services

Center (FSC). Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Proper electronic format means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

(A). VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungsten-network.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

(B). A system that conforms to the X12 electronic data interchange (EDI) formats established by the

Accredited Standards Center (ASC) chartered by the American National Standards Institute

(ANSI).

The X12 EDI Web site (http://www.x12.org).

(C). Vendor e-Invoice Set-Up Information: Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services

Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the FSC at the phone number or email address listed below:

(i). Tungsten e-Invoice Setup Information: 1-877-489-6135

(ii). Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

(iii). FSC e-Invoice Contact Information: 1-877-353-9791

(iv). FSC e-invoice email: vafsccshd@va.gov

(e). REFERENCE NUMBERS: Please reference both the contract number (to be assigned) and the obligation number (to be assigned) on all correspondence and invoices. If contract option years are exercised, new obligation numbers will be issued and identified on the contract modification document.

(f). AUTHORIZATIONS:

(1). The Contracting Officer (CO) named in Section (a) above is responsible for the overall administration of this contract. Only the CO has the authority to make changes which affect:

(A). Contract prices, (B). Quality, (C). Quantities, or

(D). Delivery terms and conditions.

(2). Contracting Officer Representatives (COR) and Alternate Contracting Officer’s Representatives (Alt-

COR) may be assigned to this contract. The COR and Alt-COR shall be provided specific written delegated authority by the CO, a copy of which will be provided to the Contractor.

(3). Ordering Officers may be authorized to place orders against this contract. The Contracting Officer will furnish the Contractor with the names of individuals authorized as ordering officers, by separate memorandum upon issuance of the contract. When ordering officers are added after award, the Contracting

Officer will furnish the Contractor with the names of individuals authorized as ordering officers, by memorandum upon ordering officer appointment. Ordering officers are responsible for issuing and administering orders placed under this contract. Ordering officers have no authority to modify any term of this basic contract. Any deviation from the terms of the basic contract must be approved in writing by the

Contracting Officer responsible for this contract. The Contractor shall accept orders against this contract only from the Contracting Officer and/or authorized ordering officers. Fulfilling orders from persons other than the Contracting Officer or ordering officer may result in loss or delay in payment for supplies/services provided under such orders.

http://www.tungsten-network.com/US/en/veterans-affairs/ http://www.x12.org/ mailto:VA.Registration@Tungsten-Network.com http://vafsccshd@va.gov

(g). CHANGES TO THE CONTRACT: No individual or activity has authority to ADD, DELETE, CHANGE, OR MODIFY this order except by the CO or by written authority specifically delegated by the CO.

(h). CONTRACT TIME PERIOD:

(1). The base contract period shall commence approximately (to be assigned) and expire (to be assigned).

(2). At the discretion of the government, and in accordance with FAR Clause 52.217-9, Option to Extend the Term of the Contract, the contract may be extended four (4) one (1) year periods. Notice of an extension must be served in writing by the VA at least 10 days prior to the scheduled expiration date. An extension may be exercised subject to the continued acceptable performance and responsibility of the

Contractor, the continued requirement for services, and the availability of funds.

(3). At the discretion of the government, and in accordance with 52.217-8, Option to Extend Services, the contract may be extended for up to six (6) months. Notice of an extension must be served in writing by the

VA prior to the scheduled expiration date. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. The Government may choose to exercise the Extension of

Services at the end of any performance period (base or option periods), utilizing the rates of that exercised performance period.

(i). FAR 52.222-41 SERVICE CONTRACT LABOR STANDARDS: The Contracting Officer has determined that the Service Contract Labor Standards will apply to this contract.

(j). SUBCONTRACTING COMMITMENTS--MONITORING AND COMPLIANCE (JUN 2011). This solicitation includes FAR 52.219-14, Limitations on Subcontracting (JAN 2017). Accordingly, any contract resulting from this solicitation will include these clauses. The contractor is advised in performing contract administration functions, the CO may use the services of a support contractor(s) to assist in assessing contractor compliance with the subcontracting commitments incorporated into the contract. To that end, the support contractor(s) may require access to the contractor's business records or other proprietary data to review such business records regarding contract compliance with this requirement. All support contractors conducting this review on behalf of VA will be required to sign an “Information Protection and Non-Disclosure and

Disclosure of Conflicts of Interest Agreement” to ensure the contractor's business records or other proprietary data reviewed or obtained in the course of assisting the CO in assessing the contractor for compliance are protected to ensure information or data is not improperly disclosed or other impropriety occurs. Furthermore, if

VA determines any services the support contractor(s) will perform in assessing compliance are advisory and assistance services as defined in FAR 2.101, Definitions, the support contractor(s) must also enter into an agreement with the contractor to protect proprietary information as required by FAR 9.505-4, obtaining access to proprietary information, paragraph (b). The contractor is required to cooperate fully and make available any records as may be required to enable the CO to assess the contractor compliance with the subcontracting commitments

(k) CERTIFICATIONS:

(1). As required by Section E.4 FAR clause 52.209-7 INFORMATION REGARDING

RESPONSIBILITY MATTERS (JUL 2014), please mark your response to the question below:

The offeror [ ] has [ ] does not have current active Federal contracts and grants with total value greater than $10,000,000.

(2). As required by section E.14 FAR clause 52.212-3 OFFEROR REPRESENTATIONS AND

CERTIFICATIONS – COMMERCIAL ITEMS (JAN 2017), if you have completed the annual representations and certifications electronically via http://www.acquisition.gov please mark your response and complete the following:

FAR 52.212-3 (b) (2) - The offeror [ ] has [ ] has not completed the annual representations and certifications electronically via the SAM website access through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror

Representations and Certifications—Commercial Items, have been entered or updated in the last

12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs _______________________________________

(l). ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the solicitation numbered and dated as follows:

AMENDMENT NUMBER DATE

http://www.acquisition.gov/ http://www.acquisition.gov/

B.2 PRICE SCHEDULE

1) All CLINs are for an indefinite delivery, indefinite quantity (ID/IQ) of services at a fixed unit price. The actual quantity of services furnished and accepted will be invoiced and paid for in arrears. The quantities specified in this Price Schedule are ESTIMATED NUMBERs for budget and evaluation purposes and as such except for the minimum amount specified below, there is no guarantee made or implied as to the quantity the contractor may be required to furnish.

2) As stated in Section B.3 (a) (5), this contract will have a guaranteed total contract minimum and a non- guaranteed maximum value as follows:

Minimum - $5,900.00.

Maximum - $457,100.00.

ITEM

DESCRIPTION OF

SERVICES

EST

QTY UNIT UNIT PRICE AMOUNT

0001 STENOGRAPHER

SERVICES - per the attached SOW, terms and conditions. Quantity is estimated, NOT-TO-

EXCEED without prior approval. Price per hour

(billable in 10-minute increments).

Contract Period: Base

POP Begin: 03-12-2018

POP End: 03-11-2019

104.00 HR _____________ __________________

0002 WRITTEN

TRANSCRIPTION -

provided in .pdf format.

Quantity is estimated, NOT-TO-EXCEED without prior approval.

Price per page.

Contract Period: Base

POP Begin: 03-12-2018

POP End: 03-11-2019

6,240.00 PG _____________ __________________

1001 Contract Period: Option 1

POP Begin: 03-12-2019

POP End: 03-11-2020

104.00 HR _____________ __________________

1002 Contract Period: Option 1

POP Begin: 03-12-2019

POP End: 03-11-2020

6,240.00 PG _____________ __________________

2001 Contract Period: Option 2

POP Begin: 03-12-2020

POP End: 03-11-2021

104.00 HR _____________ __________________

2002 Contract Period: Option 2

POP Begin: 03-12-2020

POP End: 03-11-2021

6,240.00 PG _____________ __________________

3001 Contract Period: Option 3 104.00 HR _____________ __________________

POP Begin: 03-12-2021

POP End: 03-11-2022

3002 Contract Period: Option 3

POP Begin: 03-12-2021

POP End: 03-11-2022

6,240.00 PG _____________ __________________

4001 Contract Period: Option 4

POP Begin: 03-12-2022

POP End: 03-11-2023

104.00 HR _____________ __________________

4002 Contract Period: Option 4

POP Begin: 03-12-2022

POP End: 03-11-2023

6,240.00 PG _____________ __________________

GRAND

TOTAL

B.3 STATEMENT OF WORK

(a) GENERAL INFORMATION

(1) Title of Project: Stenographer/Court Reporting Services

(2) Scope of Work: The Contractor shall provide, when needed, on-site transcription/stenography services as defined herein. Services to be performed for Human Resources program located at the Veterans Health

Administration Hospital at Marion Illinois. The contractor is responsible for providing transcription/stenography services and shall furnish all personnel, management, transportation, materials, parts, supplies, and equipment required to perform services as defined in this contract.

(3) Background: The Department of Veteran Affairs, Network Contracting Office (NCO) 15, has a requirement to acquire commercial Stenographer/Court Reporting Services to support the Marion IL VA

Medical Center. This requirement has been traditionally acquired on a per proceeding basis. The facility has no control over when a proceeding may be required so it is extremely difficult to forecast the number of proceeding that may be required on an annual basis. The estimated quantities provided in the Price

Schedule are based upon recent historical usage that projects that up to an estimate of eight (8) proceeding per year may be required.

(4) Performance Period: The Contractor shall begin the work required under this SOW commencing with the effective date of award, unless otherwise directed by the CO, and shall provide the required services until the date of contract expiration.

(5) Type of Contract: This is an indefinite delivery, indefinite quantity (ID/IQ) fixed unit price contract. The contract will have a guaranteed total contract minimum and a non-guaranteed maximum value as follows:

(i) Minimum - $5,900.00.

(ii) Maximum - $457,100.00.

(6) Extension of Contract. This contract may be extended for up to four (4) one (1) year option periods plus an additional six (6) months at the discretion of the government, in accordance with FAR Clause 52.217-8, Extension of Services and 52.217-9, Option to Extend the Term of the Contract.

(b) REQUIREMENTS

(1) Services to be performed include recording, transcribing and furnishing typed transcriptions of conferences, courtroom and/or legal proceedings, depositions, advisory board and committee meetings, personal grievance and appeal hearings and other administrative hearings.

(2) Dictation may be recorded by stenotype machine, steno mask, 100% shorthand, tape recording devices or any combination of the above. When dictation is recorded by tape recording devices, equipment must be of such quality as to ensure against error, misinterpretation or loss of voice. Equipment must be continuously monitored by the contractor, and proper operations shall be the responsibility of the contractor.

(3) The Contractor shall hold inviolate and in the strictest confidence all information of an official character which he may gain in the performance of his duties under this agreement.

(2) The Contractor, its agents or employees, shall not during this contract with the Government, hold any position or official relationship with, own any stock or bonds of, or have any peculiar interest in any participants of the proceedings.

(1) Depositions shall be taken by the duly authorized notary and no separate fee is to be charged for notary service, administering oath or affixing seal.

(c) FORMAT

(1) The 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.

(2) In the original and each copy of the transcript, the title page showing name, docket number, if applicable, place and date of proceedings, appearance, location, etc., shall be preceded by a page or pages indexing the speakers and/or witnesses and exhibits. Each transcript shall include one complete index of speakers and or witnesses. The index shall indicate the page where testimony and/or speech of every person begins and shall identify the exhibits by number showing what part introduced them and giving a brief description of the nature of the exhibit. Typing shall be double spaced.

(3) Whenever testimony and/or speech is continuous requiring more than one line, the typing shall begin as close as possible the left ruled marginal line; words shall be properly hyphenated when necessary. Pages necessarily containing less than 25 lines shall be charged and paid for at the full page rate. No payment will be made for lines in excess of 25 lines of the page. Numbers indicating each line of transcription upon each page, i.e. 1 to 25 inclusive, shall be printed at the left marginal line of the original transcript. The paging of the transcript of a further proceeding shall follow consecutively the paging of the previous proceeding in the same proceedings, unless otherwise directed by the presiding officer. Page numbers are to be placed at the bottom of each page.

(4) Exhibits, in connection with the proceeding shall, unless otherwise directed by the presiding officer, be marked and numbered or lettered by the recorder, arranged in numerical or alphabetical order and transmitted with the transcript to which they relate. The marking shall indicate clearly by whom the exhibit was offered. Such documents shall be copied into the record unless the presiding officer otherwise directs.

The presiding officer may, at his discretion, direct that such documents be read or copied into the record in part or in full.

(5) If any document is withdrawn, or for any other reason is not filed with the transcript, a memorandum shall be inserted by the Contractor in the place of the document stating its nature, how numbered or lettered and marked, and the reason for its absence. The number of exhibits introduced at a proceeding or in a reopened case shall follow consecutively the number of the last previous exhibit introduced by such party.

(d) SUPERVISION. The Contractor, or the duly authorized employee, agent, or representative of the Contractor, shall present oneself to the person in charge of the proceedings and shall be always governed by the instructions of the adjournment to other times or places, and matters of like character.

(e) REPORTING

(1) Everything spoken during a session shall be reported and incorporated into the transcript unless the presiding officer otherwise directs. This shall include a record of appearances, with the names and identification of parties who testify or speak at the proceedings or who request the entering of their appearances, together with such other matters as may be directed by the presiding officer.

(2) No part of the proceedings, which have been taken, shall be omitted from the record unless the presiding officer so directs. A full and complete verbatim record shall be made and transcribed.

(f) RECESS. Upon notification by the reporter for a request to recess to replace paper, tape or other necessary materials used in performance of the work, the presiding officer shall grant such a request and order a recess for a reasonable time.

(g) ACCURACY OF TRANSCRIPT

(1) It shall be the responsibility of the Contractor to furnish complete transcripts which accurately reflect the full and complete verbatim record of the hearing. If electronic sound recording devices are used, they must be of such a quality as to ensure against error, misinterpretation, or loss of voice. Equipment must be operator monitored and include simultaneous playback, listening, pre-amplification and speaker identification facilities.

(2) When errors attributable to the Contractor’s performance appear in the transcript (i.e. those which change or obscure the meaning of the testimony but not including typographical errors or misspelling if the extended meaning is clearly evident, such as “their” for “there” or “two” for “too”, etc.) in an excess of one

(1) error per 100 words of transcripts, the ordering agency may demand and the Contractor shall correct the errors and furnish corrected transcripts with five (5) calendar days after receipt of notification, and without additional cost to the ordering agency for same, regardless of the delivery time the original order specified.

(h) LEGIBILITY OF COPIES. The original document shall be clearly legible; additional copies may be made from originals that are clearly legible.

(i) TYPE OF HEARINGS

(1) Hearings, conferences, etc., shall be designated public or private. The Government shall be the sole judge as to the type, and the Contractor binds himself to comply with the determination of the presiding official.

(2) The term “HEARING”, as used in this contract means one (1) hearing, proceeding, conference, case, trial, etc. public or private.

NOTE: If reporter is slated for full day and arrives on site then case settles, or if testimony is taken and transcript is not ordered, i.e. case settles, the charge for appearance will be two (2) hours at the applicable year’s hourly rate specified in Section B.2 - Price Schedule.

(j) PROGRESS REPORTS. When required, a report shall be made by the Contractor each day for each case or each day’s proceedings in a given case and shall be mailed the same day, postage paid, to the Marion Veterans

Hospital. If a case has been assigned, for a proceeding and is called but not heard at the time and place indicated in the notice of assignment, a record shall nevertheless be written up with the title page, list of appearances, a memorandum of the date, hour and place at which the proceedings was called, a statement showing what action was taken and why the proceeding was not held.

(k) DATA

(1) All notes, transcripts, records and any other material which is part of or related to, any action recorded by the Contractor shall be maintained by the Contractor for at least sixty (60) days from the date that transcript was taken by the Contractor.

(2) After sixty (60) day period has lapsed, the Contractor must dispose of transcripts.

(3) Please refer to section (x) below for RECORDS MANAGEMENT procedures.

(l) LEGAL REQUIREMENTS AND PERMITS. The Contractor shall obtain, at his own expense, all necessary licenses and permits and shall conform to all laws, regulations, and ordinances applicable to performance of services specified in this contract.

(m) COMPUTATION OF TIME. The seven (7) calendar day requirement specified in the paragraph 15, titled

“Regular Copy” shall be applicable to completed transcripts only. Transcripts shall be considered complete only when a final decision on the hearing has been rendered and delivered to the Contractor.

(n) DELINQUENT TRANSCRIPTS

(1) When a transcript is designated “regular,” such a designation indicates that the Government requires delivery of the transcript within the time prescribed in this agreement for the kind of delivery ordered.

When transcripts are designated as “regular” but are not delivered in accordance with the period of time prescribed in this agreement for the kind of delivery ordered, payment to the Contractor will be made at the rates applicable to the time of delivery actually achieved; except that (1) if the Contractor, regardless of the type of delivery ordered, fails to deliver the transcript to the Government within the applicable period prescribed for “regular” transcript, a further reduction in price will be made as follows in computation of the injury caused to the Government by the Contractor’s delayed delivery.

(3) The amount to be paid for the transcript will be reduced by 2% of the price for the transcripts, computed at the “regular” rate, for each business day or fraction thereof that delivery is deferred beyond the limit applicable to delivery of “regular” transcript, up to a total of 50% of the “regular” transcript price. Waiver of the above liquidated damages may be granted by the Contracting Officer upon written petition of the

Contractor stating the cause for the delay.

(4) Nothing in this paragraph shall be construed to abrogate the performance requirements of this agreement or to permit the Contractor or his representative to fail to perform services as specified herein. Failure to furnish a reporting service or delinquency in the delivery of a transcript may result in termination of the contract.

(o) DELIVERY TIME. Unless the Contractor is otherwise directed, all transcripts ordered shall be delivered to the office designated by the ordering agency during regular business hours, with postage or other transportation charges fully prepaid by the Contractor. Copy to be furnished shall be regular as defined below.

(p) REGULAR COPY. Transcripts shall be delivered within seven (7) calendar days after the decision in the case has been rendered. In the event a case decision is not rendered in a timely manner to allow the Contractor to be in compliance with the seven (7) day requirement of this clause, transcripts may be delivered pursuant to a mutual agreement of the parties.

(q) DELIVERY PRICES. Prices shall include all recordings, transcribing and furnishing of official copies of proceedings in Adobe .pdf delivered to a destination designated by the ordering agency.

(r) ABSE. The Contractor shall obtain and remunerate a substitute whenever he/she is unable to perform the services. The substitute must be qualified to perform the services and must adhere to the terms and conditions of this contract.

(s) CANCELLATION OF HEARINGS. In cases when a proceeding has to be cancelled, the Contractor shall be notified by the Government at least one day prior to his/her scheduled appearance. Failure to do so will result in payment for that appearance.

NOTE: Government to notify the Contractor’s representative identified in section B.1 of all cancelled hearings.

(t) CONTRACTOR UNAUTHORIZED WORK PERFORMANCE. The Contractor shall not perform work that deviates from contract requirements and specifications. If the Contractor deviates from contract requirements and specifications without prior written approval of the CONTRACTING OFFICE, such deviation shall be at the risk of the Contractor and any cost thereto shall be borne by the Contractor.

(u) EMPLOYEES

(1) The Government reserves the right to remove any employee who violates federal regulations or is identified as a potential threat to the security, safety, health, or the operational missions of this base and its population. The removal of such a person shall not relieve the Contractor from providing all required contract services described herein. Contractor employees shall not loiter on or around the during off-duty hours.

(2) The Contractor shall furnish qualified supervisory, administrative, journeyman and other personnel to accomplish all contract requirements. When performing contract services, Contractor employees shall wear neat and clean clothing. Contractor employees must be identified by having company and employee name on their uniform or a tag/badge attached to chest are of their clothing.

(v) CONFLICT OF INTEREST. The Contractor shall not employ the following personnel:

(1) Off-duty VA Human Resource personnel.

(2) An employee of the U. S. Government if the employment of that person would create a conflict.

(3) An alien who does not have a valid U.S. Immigration Alien Registration Card.

(w). VA CYBER SECURITY AND PRIVACY TRAINING REQUIREMENTS FOR CONTRACTOR

PERSONNEL.

(1) Definitions. As used in this clause –

(i) Contractor employee means an employee of the prime Contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the Contractor is associated. It also includes consultants engaged by any of those entities.

(ii) Information technology resources means any equipment or interconnected system or subsystem of equipment, including telecommunications equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information.

(ii) VA sensitive information means all Department data, on any storage media or in any form or format, which requires protection due to the risk of harm that could result from inadvertent or deliberate disclosure, alteration, or destruction of the information. The term includes information whose improper use or disclosure could adversely affect the ability of an agency to accomplish its mission, proprietary information, records about individuals requiring protection under various confidentiality provisions such as the Privacy Act and the HIPAA Privacy Rule, and information that can be withheld under the Freedom of Information Act. Examples of VA sensitive information include the following:

individually-identifiable medical, benefits, and personnel information; financial, budgetary, research, quality assurance, confidential commercial, critical infrastructure, investigatory, and law enforcement information; information that is confidential and privileged in litigation such as information protected by the deliberative process privilege, attorney work-product privilege, and the attorney-client privilege;

and other information which, if released, could result in violation of law or harm or unfairness to any individual or group, or could adversely affect the national interest or the conduct of federal programs.

(2) All Contractor employees requiring access to VA information technology resources shall complete the following prior to contract performance and annually thereafter:

(i) Successfully complete VA Cyber Security Awareness training;

(ii) Successfully complete VA General Privacy training.

(3) All Contractor employees that do not have access to VA information technology resources, but do have access to VA sensitive information shall annually complete VA General Privacy training. The Contractor shall provide a copy of VA General Privacy training certificates for each applicable employee to the COR prior to contract performance and annually thereafter. This course is available online at https://www.ees-learning.net/.

(4) Failure to complete mandatory training within the timeframe required will be grounds for suspension or termination of all physical and/or electronic access privileges and removal from work on the contract until the training is completed. In addition, the contract may be terminated for cause should the Contractor fail to meet mandatory training requirements.

(x) RECORDS MANAGEMENT. The following standard items relate to records generated in executing this contract:

(1) Citations to pertinent laws, codes and regulations such as 44 U.S.C chapters 21, 29, 31 and 33; Freedom of

Information Act (5 U.S.C. 552); Privacy Act (5 U.S.C. 552a); 36 CFR Part 1222 and Part 1228.

(2) Contractor shall treat all deliverables under the contract as the property of the U.S. Government for which the Government Agency shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest.

(3) Contractor shall not create or maintain any records that are not specifically tied to or authorized by the contract using Government IT equipment and/or Government records.

(4) Contractor shall not retain, use, sell, or disseminate copies of any deliverable that contains information covered by the Privacy Act of 1974 or that which is generally protected by the Freedom of Information

Act.

(5) Contractor shall not create or maintain any records containing any Government Agency records that are not specifically tied to or authorized by the contract.

(6) The Government Agency owns the rights to all data/records produced as part of this contract.

(7) The Government Agency owns the rights to all electronic information (electronic data, electronic information systems, electronic databases, etc.) and all supporting documentation created as part of this contract. Contractor must deliver sufficient technical documentation with all data deliverables to permit the agency to use the data.

(8) Contractor agrees to comply with Federal and Agency records management policies, including those policies associated with the safeguarding of records covered by the Privacy Act of 1974. These policies include the preservation of all records created or received regardless of format [paper, electronic, etc.] or mode of transmission [e-mail, fax, etc.] or state of completion [draft, final, etc.].

(9) No disposition of documents will be allowed without the prior written consent of the Contracting Officer.

The Agency and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Willful and unlawful destruction, damage or alienation of

Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. Records may not be removed from the legal custody of the Agency or destroyed without regard to the provisions of the agency records schedules.

(10) Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, this contract. The Contractor (and any sub-contractor) is required to abide by Government and Agency guidance for protecting sensitive and proprietary information.

https://www.ees-learning.net/ https://www.ees-learning.net/

(y) VA INFORMATION CUSTODIAL LANGUAGE

(1) Information made available to the contractor or subcontractor by VA for the performance or administration of this contract or information developed by the contractor/subcontractor in performance or administration of the contract shall be used only for those purposes and shall not be used in any other way without the prior written agreement of the VA. This clause expressly limits the contractor/subcontractor's rights to use data as described in Rights in Data - General, FAR 52.227-14(d) (1).

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

Acquisition Regulation (FAR) part 12.

(z) HOURS OF OPERATION. Each session is to be performed during the following hours or such time as may be mutually agreed upon by both parties: 8:00 A.M. to 12:00 P.M. to 4:00 P.M. Monday through Friday except

Federal Holidays observed by the base or by agreement between the COR and the Contractor.

(aa) CONTRACTOR FURNISHED ITEMS AND SERVICES

(1) General: Except those items or services specifically stated to be Government furnished, the Contractor shall furnish everything required to perform services as defined in this contract.

(2) Responsibility: The Government will not be responsible for the Contractor’s personnel supplies, equipment, materials, or belongings (such as repair tools and equipment, diagnostic software, etc.) brought into the buildings or on the grounds to perform services. This includes items such as loss or damage caused by fire, theft, tornado, hurricane, accident, or other disaster.

(ab) ROLE OF GOVERNMENT ACTIVITY REPRESENTATIVE FOR INSPECTION, ACCEPTANCE, AND OTHER DUTIES.

(1) Responsibilities: Performs surveillance and inspection of services required under this contract; determines the adequacy of Contractor performance per contract specifications; acts as the Government’s

Representative at the work site; insures compliance with contract performance requirements; and advises the CONTRACTING OFFICER of any factors that may cause performance delays.

(2) The GOVERNMENT REPRESENTATIVE cannot authorize deviations from contract requirements and specifications.

(ac) REQUIRED REGISTRATION WITH CONTRACTOR PERFORMANCE ASSESSMENT

REPORTING SYSTEM (CPARS):

(2) As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs

(VA) evaluates Contractor past performance on all contracts that exceed $150,000, and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the Contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database, CPARS, which is maintained by the Naval Seal Logistics Center in Portsmouth, New Hampshire. CPARS has connectivity with the Past Performance Information Retrieval System (PPIRS) database, which is available to all

Federal agencies. PPIRS is the system used to collect and retrieve performance assessment reports used in source selection determinations and completed CPARS report cards transferred to PPIRS. CPARS also includes access to the federal awardee performance and integrity information system (FAPIIS). FAPIIS is a web-enabled application accessed via CPARS for Contractor responsibility determination information.

(3) Each Contractor whose contract award is estimated to exceed $150,000 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 representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

(5) Failure to 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.

(ad) SOLICITATION ATTACHMENTS: The following items will apply to this solicitation and the resulting contract/s:

(1) Attachment (1) – Wage Determinations Incorporated by Reference. Most current Wage Determinations as published by the Dept. of Labor. Furnished to provide the Contractor information on the minimum wages that must be paid to Contractor personnel in accordance with the Service Contract Labor Standards.

(2) Attachment (2) - Business Associate Agreements (BAA). The contract resulting from this solicitation has been identified as requiring a Business Associate Agreement as defined in Health Insurance Portability and

Accountability Act (HIPAA), Public Law 104-191. Copy of the form that the Contractor must sign at the time of contract award. Furnished to provide the Contractor advanced notice of the form’s requirements.

THIS PROCUREMENT IS BEING CONDUCTED IN ACCORDANCE WITH FAR PARTS 12 AND 13.5.

(End of Statement of Work)

(End of Section B)

SECTION C - CONTRACT CLAUSES

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

http://www.acquisition.gov/far/index.html FAR http://www.va.gov/oal/library/vaar/ VAAR

FAR

Number

Title Date

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS

AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS

APR 2014

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED

PAPER

MAY 2011

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.227-14 RIGHTS IN DATA—GENERAL MAY 2014

52.232-18 AVAILABILITY OF FUNDS APR 1984

52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS SUBCONTRACTORS

DEC 2013

(End of Clause)

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 03/01/2018 through 02/28/2023.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause) http://www.acquisition.gov/far/index.html http://www.va.gov/oal/library/vaar/

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of $10,000.00;

(2) Any order for a combination of items in excess of $20,000.00; or

(3) A series of orders from the same ordering office within 1 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph

(b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 2 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the

Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the

"maximum." The Government shall order at least the quantity of supplies or services designated in the

Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the

Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 180 days after contract expiration.

(End of Clause)

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

The Government may require continued performance of any…