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This document is a solicitation for Court Reporting and Transcription Services issued by the Department of Veterans Affairs Veterans Health Administration Network Contracting Office. The solicitation is a total set-aside for certified Service-Disabled Veteran-Owned Small Businesses (SDVOSBs).

The contract will be an Indefinite Delivery Indefinite Quantity (IDIQ) with a Period of Performance from October 1, 2024 to September 30, 2025, with four one-year option periods. The contractor will provide court reporting services for depositions, hearings, and transcription of dictated material with turnaround times of 10 business days and 48 hours for STAT requests. Pricing is per hour for depositions, per page for transcription, and per day for hearings. The contractor must maintain 95% accuracy on all transcribed material. The solicitation has specific requirements related to record keeping, security, and data breach notification and penalties. Offers are due by August 28, 2024.

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PAGE 1 OF 1. REQUISITION NO.

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

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

TIME

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

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

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

TELEPHONE NO. UEI: EFT:

PHONE: FAX:

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

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

SEE ADDENDUM

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

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

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

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

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

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

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

AUTHORIZED FOR LOCAL REPRODUCTION (REV. NOV 2021)

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

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

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

36C25624Q1264 08-06-2024

JIMMIE FROST 601-362-4471 Ext 56333 08-28-2024

5:00 CDT

00586 Department of Veterans Affairs G.V. (Sonny) Montgomery VAMC

1500 E. Woodrow Wilson Dr.

Jackson MS 39216

X 100

X

561492

$19 Million

N/A

36C502

Department of Veterans Affairs Alexandria VA Health Care System

AVHCS

2495 Shreveport Highway 71 Pineville LA 71360

36C256

Department of Veterans Affairs Veterans Health Administration Network Contracting Office 16 715 S. Pear Orchard RD Ridgeland MS 39517

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

CONTRACTOR TO PERFORM COURT REPORTING AND TRANSCRIPTION

SERVICE IN ACCORDANCE WITH THE CONTRACT AND ALL ATTACHMENTS.

$0.00 See CONTINUATION Page

TO BE IDENTIFIED ON EACH TASK ORDER

JIMMIE FROST

CONTRACTING OFFICER

36C25624Q1264

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 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

AND COMMERCIAL SERVICES (NOV 2023)

C.2 52.216-18 ORDERING (AUG 2020)

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) ... 34

C.7 VAAR 852.211-76 LIQUIDATED DAMAGES – REIMBURSEMENT FOR DATA

BREACH COSTS (FEB 2023) ALTERNATE I (FEB 2023)

C.8 VAAR 852.219-73 VA NOTICE OF TOTAL SET-ASIDE FOR CERTIFIED

SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESSES (JAN 2023)

(DEVIATION)

C.9 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

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

(NOV 2018)

C.11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (MAY 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

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

COMMERCIAL SERVICES (SEP 2023)

E.2 52.216-1 TYPE OF CONTRACT (APR 1984)

E.3 52.233-2 SERVICE OF PROTEST (SEP 2006)

E.4 52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT

ORDERS—REPRESENTATION AND DISCLOSURES (DEC 2023)

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

1998)

E.6 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY

REFERENCE

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

E.8 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (OCT 2020)

E.9 SUPPLEMENTAL INSURANCE REQUIREMENTS

E.10 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

SECTION B - CONTINUATION OF SF 1449 BLOCKS

***** 'VACI100 COMMERCIAL ITEMS LANGUAGE' Replaced with Word Document *****

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individual(s):

a. CONTRACTOR: ___________________________________ Address:___________________________ -

Contact Person: _____________________

Telephone #: _______________________

Fax #: ____________________________ e-Mail Address: ____________________

DUNS Number: _____________________

Tax Identification Number: ____________

b. GOVERNMENT: Jimmie E. Frost

Department of Veterans Affairs

Alexandria VA Health Care System

Network Contracting Office 16

2495 Shreveport Highway 71

Pineville, LA 71360

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

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

[ ] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly [ ]

b. Semi-Annually [ ]

c. Other [X] Monthly

4. GOVERNMENT INVOICE ADDRESS: All invoices from the Contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 “Electronic Submission of Payment Requests.

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

AMENDMENT NO DATE

***** End Word Document - 'VACI100 COMMERCIAL ITEMS LANGUAGE' *****

***** Begin Word Document - ' SOW: Statement of Work ALX Court Reporting FY24' *****

B.2 STATEMENT OF WORK

Transcription/Court Reporting Services

1. Scope: The Contractor shall provide Court Reporting Services for the Department of Veterans Affairs in strict accordance with this contract. This will be an Indefinite Delivery Indefinite Quantity (IDIQ). Court Reporting Services shall be provided for dictated material. Contractor will transcribe reports utilizing headers and footers and appropriate formats as provided by AVAHCS. Locations listed in this contract are at:

Place of Performance: 2495 Shreveport Hwy 71 N, Pineville LA 71360

a. Acronyms: Equal Employment Opportunity Commission (EEOC) and Equal Employment Opportunity program (EEO); Contracting Officer (CO);

Contracting Officer's Representative (COR); Administrative Investigation Boards (AIB); Human Resource Management Service (HRMS); Merit System Protection Board (MSPB);

i. AVAHCS and VA may be used interchangeably to refer both to the Alexandria Veterans Healthcare System and the Department of Veteran Affairs.

b. Dictation Subjects: Administrative Boards of Investigation; Merit System Protection Board Hearings; EEOC Hearings, and Depositions for Arbitrations

c. Definitions:

i. Character: Printable ASCII characters, including a single space, <CR><LF>. A space between words is counted as one ASCII character. Carriage returns to create blank lines are excluded.

ii. Line: Transcribed lines are formatted in 65-character lines.

iii. Turnaround Time: Turnaround time is 10 business days.

iv. STAT: Report needs to be transcribed within 48 hours.

2. Variations: Material is dictated by many personnel, which will require the contractor and his/her equipment to adapt to variations on dialect, speech, tone, voice volume, speed, delivery, pronunciation, and enunciation.

3. Transmission Requirements: N/A

a. Destination of transcribed documents: The transcribed documents will be delivered to the AVAHCS HRMS or EEO offices.

b. Contractor must provide his/her own communications software.

c. STAT reports are not typically required under this contract; however, if an emergency arises, AVAHCS will request a STAT report from the contractor telephonic electronically, along with any special instructions to the contractor regarding a special delivery location.

4. Format of Documents: Contractor shall be able to format types of documents in accordance to the needs of the AVAHCS.

a. General Format: The length of each report will vary according to the type of court report required. The reports will be created and saved as ASCII text -only printable characters, single spaces, and <CR><LF>. The text is double spaced with double space between paragraphs. No report shall include any text other than what was dictated. Documents that appear to be incomplete or the dictation was cut off should be notated as INCOMPLETE DICTATION. An effort to locate a new dictation and/or continuation of the incomplete dictation must be made by the contractor so that the report can be completed as one document. Typed comments or questions other than a statement of INCOMPLETE DICTATION should not be in the transcribed report. If there are questions, a phone call to the AVAHCS contact person must be made to have the question answered.

b. Header and Footer Format: Specific formats for report types and headers for uploaded reports will be furnished at time of contract award prior to commencement of work. AVAHCS will provide formats for new report types as needed. It is the contractor's responsibility to assure all header and footer information complies with sample header and footer information as furnished by AVAHCS technical staff.

c. Lines: Lines are to be defined as 65-characters per line. Special formatting (underline, bold, etc.) should not be used. Vertical spaces (between lines, between paragraphs, or between text) and footers and headers are not billable. Headers and footers are not to be included in the line length.

d. Scope of Work -Human Resource Management Service HRMS reports are transcribed using dictation equipment.

e. Scope of Work -Equal Employment Opportunity Program EEO reports are transcribed using dictation equipment.

f. Turnaround Time (TAT): Reports shall be typed in the priority indicated below and in accordance with the indicated timetable.

i. Contractor is to return hard copy, original plus one copy within normal turn-around time of 10 business days.

ii. When the customer identifies a STAR report, turn-around time is 48 hours.

g. Completed Documents: Documents shall be in final form and in accordance with the quality standards called for under the contract.

h. Completed documents shall be transmitted with appropriate document header to facilitate receipt of document by AVAHCS computer system.

i. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

j. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C.

Chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

k. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

l. Quality Control: The contractor shall meet the following timeliness and accuracy rates:

i. The Contractor shall implement and maintain a quality control (QC) system that results in correction of potential and actual problems throughout the entire scope of contract performance. The QC system shall contain a mechanism for corrective actions without dependence upon government direction. Records of all Contractor QC activities shall be maintained during the life of the contract.

ii. The Contractor shall maintain a quality standard of 95% accuracy.

Percentage is based on ratio of errors to lines. (Example: 1000 lines produced, 20 errors: 20/1000=0.02 or 2% errors. Accuracy is 98%.)

Errors are considered to be:

i. Omitted material that is legible or intelligible

ii. Misspelled words

iii. Transposed letters

iv. Transcription that is not reflective of dictation, including material that is not dictated or entering material that is not part of the report such as dictator's directions to the transcriptionist.

v. Punctuation or spelling which changes the meaning of the sentence.

vi. Unauthorized abbreviations (Alexandria Veterans Healthcare System will provide a list of approved abbreviations), blank lines or ..@@@" for dictation that is clearly intelligible.

iii. Each single page report which contains one or more errors that change the meaning of the report shall be at no cost to the AVAHCS. Multiple page reports containing two (2) or more errors shall be at no cost to the AVAHCS.

iv. No more than four (4) errors per 20 reports which do not change the meaning of the report, including, but not limited to, grammar, punctuation, spelling, or transposed letters.

v. The Contractor shall be responsible for correct spelling, including unfamiliar words, checking medical dictionaries and references when needed to distinguish between similar-sounding terms. All material shall be transcribed in the tense dictated. Only terms approved by the AVAHCS shall be used.

vi. The Contractor shall be required to exercise professional judgment to recognize errors of omission, which are technical in nature (e.g., inability to transcribe due to poor dictation quality). Such errors shall be referred to the COTR for clarification or correction.

vii. Reports lost or damaged by the Contractor shall be redone at no additional charge to the Government. The Contractor shall send a letter to the COTR and EEO/HRMS representatives stating that the dictation was lost and give the reason.

viii. D.11.8. Reports that do not meet the timeliness deadline due to errors or omissions on the part of the VA and which are not correctable by the contractor are not counted against the contractor's performance.

m. Proof reading: Contractor shall proofread all reports for compliance with established format for each work type and corrections made at that time. For any words or phrases that cannot be transcribed due to difficulties in hearing the dictators voice, the transcriptionist shall type "'@@@* for unintelligible words.

n. Spell Check: Contractor shall use a spell checker on each document and perform corrections for spelling and grammar.

o. Corrections: Any report(s) returned to the contractor for correction for reasons stated herein, shall be corrected within four hours of receipt at no additional expense to VA.

p. Retention of Voice and Documents: The contractor shall have the capacity to maintain backup media of voice dictation and transcribed material for a period of 12 months. Voice dictation may be kept for a period less than 12 months ONLY if certified by COTR that documents can be disposed.

q. Records Storage and Ownership: The Contractor shall not create or maintain any records containing any non-public AVAHCS information that are not specifically tied to or authorized by the contract. At the conclusion of the first year of the contract and at least once per year thereafter, Contractor shall erase all media containing VA reports that are aged more than 12 months. At each erasure, certify to the VA that the information has been destroyed. The AVAHCS owns the rights to all data and records produced as part of this contract. All deliverables under the contract are the property of the U.S.

Government for which AVAHCS shall have unlimited rights to use, dispose of, or disclose such data contained therein as it determines to be in the public interest. Any Contractor rights in the data or deliverables must be identified as required by FAR 52.227-11 through FAR 52.227-20.

Requirements follows for VA sensitive information:

Prohibition of authorized disclosure

Data breach notification

Requirement to pay liquidated damages in event of data breach

Requirement for annual security/privacy awareness training

Required signature of VA’s Rules of Behavior

r. Equipment: The Contractor shall have the capability to store digitally dictated voice recordings for a period of not less than twelve (12) months, allowing AVAHCS to review dictated reports during that period on an as-needed basis.

Recordings shall be easily accessible.

s. Privacy Act: The contractor shall comply with the provisions of the Privacy Act of 1974, Health Insurance Portability and Accountability Act and all applicable VA laws and regulations. Additional information to identify the employee and type of document will be provided by the Alexandria Veterans Healthcare System as needed. The Contractor shall not maintain, in any form, any sensitive or patient identified information. The Contractor shall comply with the Privacy Act and HIPAA as it pertains to general patient information, HIV, Drug and Alcohol Abuse, and Sickle Cell Anemia. The Contractor shall have plant security and ADP security necessary to safeguard court reports. The Contractor shall be required to complete a VA Business Associate Agreement.

t. Security. Contract employees performing on this contract shall be required to undergo the appropriate background screen. Contract employees shall complete a Special Agreement Check (SAC), which includes completing and submitting the Optional Form (OF) 306 and undergoing a fingerprint screen.

Fingerprinting can be accomplished at the medical center badging offices in Little Rock or North Little Rock. Employees determined to have an unsatisfactory SAC adjudication are prohibited from performing on this contract. The contractor will not have access to protected Patient Health Information (PHI) and they will/nor will they have the capability of accessing patient information during the services provided to the VA and if removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody. All research data available for Contractor analyses is de-identified. AVAHCS and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of AVAHCS or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to AVAHCS. The agency must report promptly to NARA in accordance with

36 CFR 1230.

The contractor will not have access to VA Desktop computers and they will not they have access to online resources belonging to the government while conducting services. If removal of equipment from the VA is required, any memory storage devices, such as hard drives, solid state drives and non-volatile memory units will remain in VA control and will not be removed from VA custody

The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government's behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to AVAHCS control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand-carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

u. Billing/Invoice: Billing shall be made monthly in arrears. Invoices shall provide sufficient detail to enable comparisons of billed units to the typed reports.

v. Contractor’s Training and Quality Assurance Plans: All Contractor employees assigned to this contract who create, process, manage records are required to take AVAHCS-provided records management training. The Contractor is responsible for confirming training has been completed according to agency policies, including initial training and any annual or refresher training. The 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 from public disclosure by an exemption to the Freedom of Information Act.

w. Workload Fluctuation: The contractor shall have a plan to address periodic fluctuations in VA workload.

x. Information Technology: The Contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with AVAHCS policy.

y. Contingency Services: Contractor shall maintain adequate resources necessary to ensure that transcription services for the VA are uninterrupted regardless of contingency or circumstance.

z. Payments: The contractor shall submit monthly invoices showing the number of lines transcribed for the previous month and will submit electronically by the 10th calendar day each month to the Tungsten Network. Any STAT and quality deductions will be suspended from the payment by VA.

http://www.tungsten-network.com/US/en/veterans-affairs/

aa. Contractor may set any schedule of work hours for its employees performing work at its own facility under this contract providing the VA's STAT requirements will be met; however, the contract price stated in schedule B is considered payment in full for all services rendered under this contract.

bb. The contracting officer reserves the right to reject any of the contractor's personnel and refuse them permission to perform work under the contract.

Z. The 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, contracts. The Contractor (and any sub-contractor) is required to abide by Government and AVAHCS guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information.

AA. Quality Assurance Surveillance Plan: The following factors will be used to access contract performance.

Item Standards Tolerance Monitoring

Report Delivery Must meet the timeline requirements set during order

100% Review task order invoices

Accuracy of Reports Must meet accuracy standards set in

SOW

As listed in SOW Submitted reports will be reviewed after receipt

Staff Availability Must be able to staff requirements for each area within reasonable timeframe to meet hearing needs

100% Review COR contact log

***** End Word Document - ' SOW: Statement of Work ALX Court Reporting FY24' *****

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBE

R

DESCRIPTION OF

SUPPLIES/SERVIC

ES

QUANTIT

Y

UNI

T UNIT PRICE AMOUNT

20.00 HR ________________

COURT REPORTING SERVICES Depositions 1st Hour Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services PRODUCT/SERVICE CODE: R606 - Support - Administrative:

Court Reporting

COURT REPORTING SERVICES Depositions each additional hour Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

20.00 EA ________________

COURT REPORTING SERVICES Depositions 1/2 Day Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

35.00 EA ________________

COURT REPORTING SERVICES Depositions full day Contract Period: Base POP Begin: 10-01-2024

POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

800.00 PG ________________

COURT REPORTING SERVICES Transcription Original Plus 1 within 10 days per page Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

300.00 PG ________________

COURT REPORTING SERVICES Transcription Original Plus 1 within 48 hours per page Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

1,500.00 PG ________________

COURT REPORTING SERVICES Transcription Original Plus 1 within 48 hours per page Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

40.00 HR ________________

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings 1st Hour Contract Period: Base

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

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings additional hours Contract Period: Base POP Begin: 10-01-2024 POP End: 09-30-2025 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

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

COURT REPORTING SERVICES Depositions each additional hour Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions 1/2 Day Contract Period: Option 1 POP Begin: 10-01-2025

POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

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

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

COURT REPORTING SERVICES Transcription Original Plus 1 within 48 hours per page Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Copies per page Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and

Stenotype Services

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings 1st Hour Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings additional hours Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions 1st Hour Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions each additional hour Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

Stenotype Services

COURT REPORTING SERVICES Depositions 1/2 Day Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

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

COURT REPORTING SERVICES Transcription Original Plus 1 within 10 days per page Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Transcription Original Plus 1 within 48 hours per page Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

Stenotype Services

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

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings 1st Hour Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings additional hours Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions 1st Hour Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions each additional hour Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions 1/2 Day Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions full day Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Transcription Original Plus 1 within 10 days per page Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

300.00 EA ________________

COURT REPORTING SERVICES Transcription Original Plus 1 within 48 hours per page Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Copies per page Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings 1st Hour Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings additional hours Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions 1st Hour Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions each additional hour Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions 1/2 Day Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Depositions full day Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Transcription Original Plus 1 within 48 hours per page Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Transcription Original Plus 1 within 48 hours per page Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Copies per page Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings 1st Hour Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

COURT REPORTING SERVICES Court Hearing/Trials, DOAH Hearings additional hours Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029 PRINCIPAL NAICS CODE: 561492 - Court Reporting and Stenotype Services

GRAND TOTAL ________________

***** Word Document ' SCHEDULE 02' Ignored *****

***** Automated Text ' DELIVERY' Ignored *****

SECTION C - CONTRACT CLAUSES

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

PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

***** '52.212-4 ADDENDUM to FAR 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services' Replaced with Word Document *****

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

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