36C25622Q0668.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. 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

520-22-2-423-0012

36C25622Q0668 03-29-2022

Danette Rene' Impey 228-523-4747 04-01-2022

12:00 PM CDT

Department of Veterans Affairs Gulf Coast Veterans Health Care System Network Contracting Office 16 400 Veterans Avenue Biloxi MS 39531

X

561492

$16.5M

N/A

Network Contracting Office 16

Network Contracting Office 16

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

1-877-489-6135

See CONTINUATION Page

NCO16 is requesting quotes for the award of a BPA for Court Reporting Services.

See Section E.1 for Instructions to Offerors.

Offers are due NLT 12:00 pm CT, Friday, April 1, 2022, via email to rene.impey@va.gov. NOTE: THIS IS A SHORT TURNAROUND. No questions are being entertained.

$0.00 See CONTINUATION Page

X 1

Danette Rene' Impey Contracting Officer

36C25622Q0668

Table of Contents

SECTION A

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

AND COMMERCIAL SERVICES

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PERFORMANCE WORK STATEMENT

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

B.3 PRECEDENCE

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

C.2 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.4 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000) ... 26

C.5 52.223-99 ENSURING ADEQUATE COVID-19 SAFETY PROTOCOLS FOR

FEDERAL CONTRACTORS (OCT 2021) (DEVIATION)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.7 VAAR 852.212-70 PROVISIONS AND CLAUSES APPLICABLE TO VA

ACQUISITION OF COMMERCIAL ITEMS (APR 2020)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.219-77 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (SEP 2021)

(DEVIATION)

C.10 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.11 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) . 31

C.12 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2021) (JUL 2020)

(DEVIATION)

C.13 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

ATTH A Harrison Cty MS WD 2015-5147 R16 dtd 12-27-2021 ATTH B Hinds Cty MS WD 2015-5153 R16 dtd 12-27-2021 ATTH C Mobile AL WD 2015-4605 R15 dtd 12-27-2021 ATTH D Escambia Cty FL WD 2015-4561 R18 dtd 12-27-2021 ATTH E Bay County FL WD 2015-4559 R18 dtd 12-27-2021 ATTH F Okaloosa Cty FL WD 2015-4531 R18 dtd 12-27-2021

ATTH G LIST OF PAST PERF REF

ATTH H PAST PERFORMANCE QUESTIONNAIRE

ATTH I COURT REPORTER - QASP

ATTH J CONTRACTOR CERTIFICATION

ATTH K NOTIFICATION OF COMPLIANCE WITH INSURANCE REQUIREMENTS

ATTH L LIMITATIONS ON SUBCONTRACTING ACKNOWLEDGMENT

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO OFFERORS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 VAAR 852.252-70 SOLICITATION PROVISIONS OR CLAUSES INCORPORATED

BY REFERENCE (JAN 2008)

E.5 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.6 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (FEB 2021) (JUL 2020) (DEVIATION)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 PERFORMANCE WORK STATEMENT

SECTION 1 GENERAL

1.1. The Contractor shall provide all personnel, equipment, tools, materials, supplies, vehicles, certifications, supervision, and all other technologies and technical services to provide Court Reporting services for the Gulf Coast Veterans Health Care System (GCVHCS), Biloxi, MS, upon request. The services may be required for, but not limited to:

Administrative Investigations (AI), Disciplinary Appeals Boards (DAB), Equal Employment Opportunity (EEO) hearings, or Merit Systems Protection Board (MSPB) hearings, Office of Resolution Management, or Regional Counsel requirements. It will also be used for any other meetings that require legal documentation.

1.2. PERIOD OF PERFORMANCE.

The period of performance for Court Reporting Services shall be for five (5) years. Court reporting requirements shall occur intermittently through each fiscal year; the requirement may be an urgency of need with only one day in advance notice. However, the Medical Centers shall strive to inform the Contractor at least thirty (30) days in advance. It must be noted here that the Government does not automatically extend contracts beyond their initial period of performance period. Option periods are always subject to the availability of funds, Contractor’s Performance, Continued Need and FAR Clause 52.217-9, Option to Extend the Term of the Contract.

1.3. BACKGROUND INFORMATION.

1.3.1. It is the intent of this document to establish a non-personal performance-based service BPA for the Gulf Coast Veterans Health Care System, 400 Veterans Avenue, Biloxi, MS, the G.V. (Sonny) Montgomery VA Medical Center (GVSMVAMC), 1500 E. Woodrow Wilson Drive, Jackson, MS 32916, and the South Central VA Health Care Network (SCVAHCN), 715 S. Pear Orchard Road, Plaza 1, Ridgeland, MS 39157.

1.3.2. Invoices: Unless another form of payment is agreed upon by the Contracting Parties, invoices will be submitted thru Tungsten https://www.va.gov/oaa/invoicing/index.asp when received from the Contractor.

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

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

Procedure Quantity per year Administrative Investigations 10 per year AIB 10 per year DAB 10 per year Other 10 per year https://www.va.gov/oaa/invoicing/index.asp

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

Actual quantities may be more or less of these estimated amounts.

1.3.4. 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 actually happened and why it happened, so that individual and systemic deficiencies can be identified and effectively corrected. These investigations are governed by VA Directive 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 course of the investigation or activity.

1.4. PERSONNEL

1.4.1. The Contractor shall provide only qualified certified Court Reporters to perform these services. Only one Court Reporter shall be assigned to each administrative process from its beginning to end. If an unforeseen emergency should occur that would require absence of the assigned Court Reporter, the proposed substitute shall have comparable qualifications to those of the person being replaced. The contractor shall provide a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the Contracting Officer (CO).

1.4.2. The Contractor must provide competent, efficient Court Reporters who are experienced and have the necessary training and education in Court Reporting with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. Court Reporters must have at least one-year experience in court reporting and have the necessary training and education required in Court Reporting along with adequate and appropriate court reporting equipment, in order to produce accurate, timely, appropriately bound and indexed transcribed testimony from witnesses in these processes. The Court Reporter must hold the certification as a National Court Reports Association (NCRA) Registered Professional Reporter (RPR), or equivalent (determination of equivalency at the discretion of GCVHCS). Appropriate credentials must be provided within one (1) week upon request. The Court Reporter shall be punctual and present at all proceedings, meaning the Court Reporter must appear on-station at the location for the proceedings, demonstrate a professional demeanor, and provide all the necessary equipment to perform their duties, and accomplish the deliverables described below. However, during the pandemic, the Court Reporters have not been appearing at the facilities on-station or in person. The hearings have been conducted via TEAMs or WebEx.

Therefore, the hearing will be held via digital application, or web link access, from the participants’ computers in their own domiciles/private locations due to the Commission’s protocols related to the pandemic. The options for the hearing are Zoom for Government, Polycom Real Presence, WebEx, or Microsoft Teams. One of the aforementioned options that is deemed most suitable will be selected. However, this will be at the discretion of the requesting service. GCVHCS, GVSMVAMC and SCVAHCN will provide seating and a work surface for the Court Reporter to perform their duties if they appear on-station or in person. The court reporter shall read portions of transcript during the proceedings at the request of the board, or other presiding body, and ask speakers to clarify inaudible statements. Proceedings may occur over multiple days and the services of the Court Reporter may be needed for varying lengths of time each day. Court Reporters who have experience with the AIB process, EEO Hearing, Human Resources MSPB or arbitration hearings are preferred in the performance of this contract.

1.4.3 OATHS AND NOTARY SERVICES - The Court 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 these Medical Centers 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 on-site. 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 Contracting Officer Representative (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 as a result 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 Medical Centers 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.

The Government reserves the right to add any additional CBOC’s 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 these mentioned. If so, the COR will give explicit instructions as to where and when the needed services will be required. The following CBOC’s are listed below:

Mobile VA Clinic, 4444 Demetropolis Road, Mobile, AL 36619-9602 Eglin Air Force Base Outpatient Clinic, 100 Veterans Way, Eglin AFB, FL 32542-1038 Pensacola Outpatient Clinic, Joint Ambulatory Care Center (JACC), 790 Veterans Way Pensacola, FL 32507-1000 Panama City Outpatient Clinic, 2600 Veterans Way, Panama City Beach, FL 32408-7186 Panama City Beach West Outpatient Clinic, 140 Richard Jackson Blvd, Suite 100 Panama City Beach, FL 32408-2512

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 VA Medical Center 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 COR 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 past experience in AIB’s, EEO Hearings, and MSPB Hearings is prompt and present for all scheduled hearings with functioning recording equipment

Not late to more than 1 hearing per year. All direct and indirect costs associated with re-hearings will be reimbursed to the Government

5.7 Timely Delivery Transcribed paper copies (no

digital, e-mailed, etc.) of reports are delivered as stated in paragraph 5.7.

Less than 1% of the reports are late

5.8 – 5.10

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 1% 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.

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 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 Centers normal business hours are 8:00 a.m.

to 4:30 p.m., Monday through Friday, excluding Federal Holidays. Services required by this contract will only be required during normal business hours.

1.8.2. Federal Holidays. The eleven holidays observed by the Federal Government are: New Year’s Day; Martin Luther King’s Birthday; President’s Day; Memorial Day; Juneteenth, 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 VAMC is permitted. However, there are some areas of the hospital where the usage of such devices are restricted because of their possible interference with operating medical equipment. Strict adherence to the rules concerning the usage of these devices must be observed throughout the VAMC.

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 visitor badge from the appropriate VA Office. (Estimated time for this evolution is 30 minutes.) The Contractor will surrender their ID to the Information desk to obtain this temporary badge, it will have to be returned by the Contracted Employee to the VA issuing office at the end of the day. This process will be repeated each day as required.

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. The AIBs have an established timeframe for completion of 45 calendar days of the date the AIB is convened; whereby sworn or affirmed testimony is obtained by a team charged with investigating a particular issue or event. Transcribed testimony must be returned to the Team Leader within 5 business days of each testimony in order for the deadline to be met. In the event that an extension of time should become necessary for completion beyond the initial 45-day period, the presiding official/Team Leader will notify the Court Reporter of this change.

5.7.2. DAB Hearings have a short turnaround time for completion. This requires overnight electronic delivery and original transcript delivered by 3 days after the hearing. Transcribed testimony must be returned to the Team Leader within 3 business days of each testimony in order for the deadline to be met.

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 course of the investigation shall be organized in an appropriately indexed investigative file that includes a numerical or alphabetical list of each time a symbol, number or word was used and the page number and line number.

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

o Loss of original recordings, transcripts or photocopies.

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

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

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

o Failure of the Contractor to deliver transcripts (original and 1 copy) within three (3) business days after a hearing.

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0.00

Court Reporting Services: Contractor shall provide all labor, equipment, transportation and services necessary to provide services in accordance with the Performance Work Statement.

Contract Period: Base POP Begin: 04-04-2022 POP End: 09-30-2022

0001AA

640.00 PA ____________ ____________

Cost per page of testimony, which includes one bound original and one bound copy of each witness (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AB

320.00 PA ____________ ____________

Hard Copy Transcripts (original plus one) (Quantities are estimated based on the Period of Performance) Contract Period: Base

0001AC

Transcription Original plus one (within 48 hours) (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AD

20.00 EA ____________ ____________

Electronic transcript .pdf file per day (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AE

2.00 EA ____________ ____________

Audio/video Recording (each occurrence, upon request, two (2) copies) (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AF

10.00 EA ____________ ____________

Cost per half hour standby time (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AJ

10.00 JB ____________ ____________

Cancellation fee, if not cancelled within 24 hours of the scheduled start time (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AK

Cost per CD included with transcripts (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AL

Delivery fees UPS or Fedex: small package (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AM

Delivery fees UPS or Fedex: large package (Quantities are estimates based on the Period of Performance) Contract Period: Base

0001AN

In-person appearance fee (Quantities are estimates based on the

Period of Performance) Contract Period: Base equipment, transportation and services necessary to provide services in accordance with the Performance Work Statement.

Contract Period: Option 1 POP Begin: 10-01-2022 POP End: 09-30-2023

1001AA

and one bound copy of each witness (Quantities are estimates based on the Period of Performance) Contract Period: Option 1

1001AB

estimated based on the Period of Performance) Contract Period: Option 1

1001AC

estimates based on the Period of Performance) Contract Period: Option 1

1001AD

based on the Period of Performance) Contract Period: Option 1

1001AE

2.00 EA ____________ _____________

copies) (Quantities are estimates based on the Period of Performance) Contract Period: Option 1

1001AF

on the Period of Performance) Contract Period: Option 1

1001AG

scheduled start time (Quantities are estimates based on the Period of Performance) Contract Period: Option 1

1001AH

based on the Period of Performance) Contract Period: Option 1

1001AJ

estimates based on the Period of Performance) Contract Period: Option 1

1001AK

estimates based on the Period of Performance) Contract Period: Option 1

1001AL

Period of Performance) Contract Period: Option 1 equipment, transportation and services necessary to provide services in accordance with the Performance Work Statement.

Contract Period: Option 2 POP Begin: 10-01-2023 POP End: 09-30-2024

2001AA

and one bound copy of each witness (Quantities are estimates based on the Period of Performance) Contract Period: Option 2

2001AB

estimated based on the Period of Performance) Contract Period: Option 2

2001AC

estimates based on the Period of Performance) Contract Period: Option 2

2001AD

based on the Period of Performance) Contract Period: Option 2

2001AE

copies) (Quantities are estimates based on the Period of Performance) Contract Period: Option 2

2001AF

on the Period of Performance) Contract Period: Option 2

2001AG

scheduled start time (Quantities are estimates based on the Period of Performance) Contract Period: Option 2

2001AH

based on the Period of Performance) Contract Period: Option 2

2001AJ

estimates based on the Period of Performance) Contract Period: Option 2

2001AK

estimates based on the Period of Performance) Contract Period: Option 2

2001AL

Period of Performance) Contract Period: Option 2 equipment, transportation and services necessary to provide services in accordance with the Performance Work Statement.

Contract Period: Option 3 POP Begin: 10-01-2024 POP End: 09-30-2025

3001AA

and one bound copy of each witness (Quantities are estimates based on the Period of Performance) Contract Period: Option 3

3001AB

estimated based on the Period of Performance) Contract Period: Option 3

3001AC

estimates based on the Period of Performance) Contract Period: Option 3

3001AD

based on the Period of Performance) Contract Period: Option 3

3001AE

copies) (Quantities are estimates based on the Period of Performance) Contract Period: Option 3

3001AF

on the Period of Performance) Contract Period: Option 3

3001AG

scheduled start time (Quantities are estimates based on the Period of Performance) Contract Period: Option 3

3001AH

based on the Period of Performance) Contract Period: Option 3

3001AJ

estimates based on the Period of Performance) Contract Period: Option 3

3001AK

estimates based on the Period of Performance) Contract Period: Option 3

3001AL

Period of Performance) Contract Period: Option 3 equipment, transportation and services necessary to provide services in accordance with the Performance Work Statement.

Contract Period: Option 4 POP Begin: 10-01-2025 POP End: 09-30-2026

4001AA

and one bound copy of each witness (Quantities are estimates based on the Period of Performance) Contract Period: Option 4

4001AB

estimated based on the Period of Performance) Contract Period: Option 4

4001AC

estimates based on the Period of Performance) Contract Period: Option 4

4001AD

based on the Period of Performance) Contract Period: Option 4

4001AE

copies) (Quantities are estimates based on the Period of Performance) Contract Period: Option 4

4001AF

on the Period of Performance) Contract Period: Option 4

4001AG

scheduled start time (Quantities are estimates based on the Period of Performance) Contract Period: Option 4

4001AH

based on the Period of Performance) Contract Period: Option 4

4001AJ

estimates based on the Period of Performance) Contract Period: Option 4

4001AK

estimates based on the Period of Performance) Contract Period: Option 4

4001AL

Period of Performance) Contract Period: Option 4

GRAND

TOTAL

Base Period Total Option Year One (1) Total Option Year Two (2) Total Option Year Three (3) Total Option Year Four (4) Total Contract GRAND TOTAL

B.3 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

For the purposes of the award of this Contract, the Government intends to evaluate the option to extend services under FAR 52.217-8 as follows:

The evaluation will consider the possibility that the option can be exercised at any time, and can be exercised in increments of one to six months, but not for more than a total of six months during the life of the contract. The evaluation will assume that the prices for any option exercised under FAR 52.217-8 will be at the same rates as those in effect under the contract at the time the option is exercised. The evaluation will therefore assume that the addition of the price or prices of any possible extension or extensions under FAR 52.217-8 to the total price of all proposals relative to each other, and will not affect the ranking of proposals based on price, unless, after reviewing the proposals, the Government determines that there is a basis for finding otherwise. This evaluation will not obligate the Government to exercise any option under FAR 52.217-8.

SECTION C - CONTRACT CLAUSES

C.1 ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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.2 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 09-30-2027.

(End of Clause)

C.3 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months.