36C25625Q0101.docx

SUBJECT*

Court Reporting

GENERAL INFORMATION

Network Contracting Office 16 400 Veterans Avenue Biloxi, MS 39531

POINT OF CONTACT*

Justin Taylor Contract Specialist Justin.Taylor5@va.gov

PLACE OF PERFORMANCE

Biloxi MS

COUNTRY

This is a SOURCES SOUGHT NOTICE ONLY This SOURCE SOUGHT NOTICE is for the purpose of Market Research. Response to this notice will be used for information and planning purposes. No proposals or quotes are being requested or accepted with this notice. THIS IS NOT A SOLICITATION FOR PROPOSALS or QUOTES and NO CONTRACT SHALL BE AWARDED FROM THIS NOTICE. This notice shall NOT be construed as solicitation or as an obligation on the part of the Department of Veterans Affairs (VA). Responses to this notice is not a request to be added to a prospective bidders list or to receive a copy of the solicitation.

The Network Contracting Office (NCO) 16 is seeking preferably Service-Disabled Veteran Owned Small Businesses or Small Businesses (but will accept other than small business for market research purposes), capable of providing Patient identification software maintenance for the Gulf Coast veterans’ Health Care System Biloxi as per the draft statement of work below.

See DRAFT Statement of Work for detailed services.

The NAICS code is 541519, other Court Reporter services the Size Standard is $30 million. Responses must be received no later than 12:00 p.m. Central Time, Thursday, October 31, 2024. Responses shall be emailed to Justin.Taylor5@va.gov Response shall contain Capabilities Statements to include Unique Entity Identification (UEI) number, proof that you are an authorized dealer of software and any qualifying certifications that may be required. Facsimile or Telephonic responses will not be accepted.

Note: All interested parties are reminded to be registered, active and verified in the following to be considered for Award.

· SAM:

SAM.gov | Home

· VETCert Veteran Small Business Certification (sba.gov)

· Vet 4212 (Veteran owned small Business are reminded of Reporting Requirements) Sources Sought Notice Sources Sought Notice VETS-4212 Federal Contractor Reporting | U.S. Department of Labor (dol.gov)

Sources Sought Notice

Sources Sought Notice

STATEMENT OF WORK (SOW)

1. GENERAL

Contractor shall provide Court Reporter Transcription Services for Gulf Coast Veterans Healthcare System (GCVHCS), Biloxi, MS. Court Reporter Transcription Services shall be provided for verbal testimony under sworn oath for, but not limited to: Administrative Investigation Boards (AIBs) or Regional Counsel requirement(s). It will also be used for any other meetings that require legal documentation. Court Reporting Services will be scheduled as the need arise and paid on an occurrence basis. This will be a firm fixed price per scheduled need. Invoices may show additional appearance fee for multiple days on same case.

1) The Gulf Coast Veterans Health Care System, Biloxi, MS is defined by the following locations:

1. Gulf Coast Veterans Health Care System 400 Veterans Avenue Biloxi, MS 39531-2410

2. Mobile Outpatient Clinic 4444 Demetropolis Road Mobile, AL 36619-9602

3. JACC (Joint Ambulatory Care Center) 790 Veterans Way Pensacola, FL 32507-1000

4. Panama City CBOC 2600 Veterans Way Panama City Beach, FL 32408-7186

5. Eglin CBOC 100 Veterans Way Eglin AFB, FL 32542-1038

2. PERIOD OF PERFORMANCE

a. The period of performance for Court Reporting services shall be for one base and four option years. Court reporting requirements may occur intermittently through each fiscal year; the requirement may be an urgency of need with only one-day advance notice.

b. 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.

c. GCVHCS shall strive to inform the Contractor at least 48 hours to (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.

3. BACKGROUND

It is the intent of this document to establish a non-personal performance-based service contract for the purpose of securing Court Reporter Transcription Services at the Gulf Coast Veterans Healthcare System to include each of the outpatient clinics defined in paragraph 1a above.

4. PERSONNEL

a. 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.

b. 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.

c. Court Reporter must hold the certification as a National Court Reports Association (NCRA) Registered Professional Reporter (RPR), or a National American Association of Electronic Reporters (AAERT) certification with notary. Appropriate credentials must be provided within one (1) week upon request.

d. 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.

e. The parties agree that such personnel shall not be considered VA employees for any purpose and shall be considered employees of the contractor. Note: To be in compliance with Homeland Security standards, each Court Reporter assigned to work at this Medical Center shall be subject to the same rules and regulations as all contracted employees.

f. Reserved parking for the Contractor will be secured but not guaranteed. Parking is allowed only in those areas not designated for patient use. Contractor shall not park on grassy areas and should be particularly concerned with pedestrian traffic and yield to pedestrians in crosswalks. All traffic laws and parking rules on the grounds are strictly enforced. Posted speed limits and all other traffic controls are to be observed at all times, and seat belt usage is mandatory on the VA grounds. 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.

g. Prior to reporting to work, the Court Reporter will need to contact the designated Facilitating Official who will escort him/her to Police Service. Court Reporter will present a photo ID and obtain a vendor badge and properly display the badge all times while working at the Medical Center. At no time will the transcriptionist be left in the conference room alone with any unsecured sensitive information. Upon completion of the assignment, the Court Reporter will return the badge to Police Service.

h. Contractor agrees that the assigned reporter shall perform all work in a business-like manner and according to the best standards of the reporting profession; and the Contractor, at all times, shall provide promptly at the time, date, and place designated, as many competent reporters and stenographers and maintain such staff and equipment at such times as may be necessary for the prompt recording of proceedings and the furnishing of satisfactory transcripts which shall conform to the requirements of this contract.

i. Contractor and/or its employees shall not smoke in any building, only in designated smoking shelters.

5. PERFORMANCE OF WORK STATEMENT

a. Contractor shall be punctual and present at all proceedings, demonstrate a professional demeanor, and provide all the necessary equipment to perform their duties and accomplish the deliverables described below. GCVHCS will provide seating and a work surface for the Court Report to perform their duties. The court reporter shall read portions of transcript during the proceedings at the request of the board or other presiding body and ask speakers to clarify inaudible statements.

b. Proceedings may occur over multiple days and the services of the Court Reporter may be needed for varying lengths of time each day. Court Reporters who have experience with the Administrative Investigation Board (AIB) process are preferred in the performance of this contract.

c. 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.

d. Work hours for the contractor are set by the Board Chair or designated Facilitating Official based on number of witnesses scheduled for that day. Care will be taken to avoid excessively long workdays (in excess of 9 hours, excluding travel time) and rescheduling of witnesses, however, this may become necessary due to issues revealed during testimony.

e. Contractor 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.

f. The designation of the primary and alternate point of contact by name and phone number who will function as liaison with the COR (Contracting Officer Representative) for routine operations is required, and will be available from 7:30AM to 4:00PM, CST (central standard time), Monday through Friday, excluding Federal Holidays. Services required by this contract will only be required during normal business hours.

g. The ten holidays observed by the Federal Government are: New Year’s Day; Martin Luther King’s Birthday; President’s Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans’ Day; Thanksgiving Day and Christmas Day and any other day specifically declared by the President of the United States to be a national holiday. In the event a holiday falls on a weekend day (Saturday or Sunday), the normal observance is the connecting weekday.

h. Testimony may include a high incidence of technical terminology and may include vocabulary particular to a wide variety of medical fields. Contractor will transcribe testimony utilizing appropriate formats as agreed upon by Gulf Coast Veterans Health Care System Quality, Clinical Risk Manager, and the Contractor.

i. To the maximum extent practical, the Contractor shall assign the same reporter to a proceeding lasting more than one (1) day or, in the case of a lengthy proceeding, the same group of reporters.

j. Contractor agrees that the assigned reporter shall: (1) present himself or herself to the presiding official at least thirty (30) minutes prior to the time and at the place of designated hearings, or in no case later than the time required to set up all required equipment and be able to begin verbatim reporting at the designated time; or, if the case of a telephonic investigation shall make telephone contact to the presiding official at least thirty (30) minutes prior to the start time; (2) at all times be governed by the instructions of the presiding official in matters affecting the composition of the record, adjournment to other times or places, the hours of hearing, and matters of like character; (3) report everything spoken while a hearing is in session unless the presiding official directs an off-the-record discussion; (4) not omit from the record any part of a proceeding for which notes have been taken as required, unless the presiding official so directs; (5) mark and number letter exhibits and arrange them in numerical or alphabetical order if directed to do so by the presiding official.

k. Contractor is responsible for providing all court reporting equipment, its maintenance, and replacement during testimony, if necessary. 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. In the event the Contractor experiences a problem in transcribing, e.g., unintelligible testimony or unfamiliar terminology, the Contractor shall interrupt the testimony for clarification. The questions and clarification shall not be transcribed in the testimony.

l. Contractor shall maintain a quality standard of 98%. Percentage is based on ratio of errors to lines and number of instances where a witness refused to sign a completed testimony due to errors in content. Errors are considered to be:

a. Omitted material that is legible or intelligible;

b. Misspelled words;

c. Transposed letters;

d. Transcription that is not reflective of testimony, including material that is not dictated or entered material that is not part of the report such as the Board Chair’s directions to the transcriptionist;

e. Punctuation or spelling which changes the meaning of the sentence;

f. Blank lines or “@@@” for testimony that is clearly intelligible; and

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

m. 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 in which testified. 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 Board Chair for clarification or correction.

n. Transcripts damaged by the Contractor shall be redone at no additional charge to the Government. Contractor shall send an email or memo to the COR stating that the dictation was damaged, give the reason, and provide an acceptable delivery date for the re-accomplished testimony. Damaged testimony will be destroyed using VA approved shredding methods.

6. DOCUMENT FORMAT

a. Transcripts shall be typed in black ink and be producible by regular office-type duplicating machines or laser printers, on white 20-pound rag paper or equal. Paper shall be 8 1/2" X 11" in size, with a margin of 2" at the left-hand side.

b. Length of each transcript is dependent upon the number of questions and length of the witness’ answers. Transcript text is double-spaced with a double space between paragraphs. All transcription shall be accomplished using a 10-pitch or 12-pitch type-style element. Transcripts shall be in final form and in accordance with the quality standards called for under the contract.

c. Lines are to be defined as 60 characters per line. Special formatting (underline, bold, etc.) shall not be used. Each line of typed testimony on a page will be numbered consecutively beginning with Line 1 and ending with the last line a minimum one inch from the bottom of the page and each page is consecutively numbered at the bottom right. No transcript shall include any text other than what was transcribed from testimony unless an explanatory note of an action directed by the Board Chair or the Court Reporter requesting clarification. Each transcript will contain a cover page, identifying the witness whose testimony is covered, the date the testimony was given, and an index prepared for and included with that specific testimony.

d. Transcripts shall be punched with three (3) holes at the left side; the upper and lower holes to be two (2) inches from top and bottom of the page, and the third hole to be in the center of the resulting interval. Transcripts shall be secured with a suitable fastener of permanent nature. Each copy of the transcript furnished shall be bound with covers of good quality, white or colored 140-pound index paper, #1 sulfite paper, heavy weight transparent plastic, or similar material.

7. PLACE OF PERFORMANCE

All work will primarily take place, in a conference room type setting, at Gulf Coast Veterans Health Care System, 400 Veterans Avenue, Biloxi, MS 39531. 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 one of the other locations defined in paragraph 1a above. If so, the designated Facilitating Official will give explicit instructions as to where and when the needed services will be required. Please call the Facilitating Official on the morning of each date to be escorted to Police Service to obtain a vendor badge.

8. DELIVERABLES

Task

a. Contractor shall furnish complete, legible transcripts, which accurately reflect the full and complete verbatim record of the proceedings. In the event the presiding official finds one or more copies of transcripts to be illegible or have multiple errors, he/she may require the Contractor to correct the errors and furnish the corrected transcript within one (1) business day after receipt of notification and without additional cost for such replacement.

b. The original and one electronic PDF copy of the completed transcripts shall be delivered to the designated Facilitating Official at Gulf Coast Veterans Health Care System via either delivery service, i.e., UPS or FedEx; or certified mail with a provided tracking number, as the documents are considered confidential.

Gulf Coast Veterans Health Care System Quality & Performance Management Service ATTN: Clinical Risk Manager 400 Veterans Avenue Biloxi, MS 39531

1. Regular copy - Regular copy of transcripts (original and one electronic copy) shall be delivered within ten (10) calendar days after conclusion of the proceedings. Computation of this period shall commence on the calendar day following conclusion of the proceeding.

2. Accelerated copy - Daily copy of transcripts (original and 1 electronic copy) shall be delivered within three (3) days after the conclusion of each day of the proceedings. Computation of this period shall commence immediately upon conclusion of each day of the proceedings.

c. Whenever a board, hearing or deposition is continued, recessed, or adjourned for a period of five or more calendar days, that portion of the transcript of the board/hearing/ deposition held prior to such continuance, recess, or adjournment shall be considered completed for the purpose of computing time for delivery of the transcript.

d. Requests for Services will be made either by telephone and/or electronic email by the designated Facilitating Official.

e. Contractor will determine within a reasonable time, normally within 48 hours of the time the request for services was made, whether or not a reporter will be available. If this determination is not received, the Department of Veterans Affairs reserves the right to obtain the service from another source and to charge the Contractor with any excess cost which may result there from. The Department of Veterans Affairs will be the sole judge in determining when to order service from another source.

f. Regardless of whether the delivery ordered is regular or accelerated copies, if the Contractor fails to deliver the transcript to the Government within the applicable period prescribed, a reduction in price will be made as liquidated damages. The amount to be paid for the transcript will be reduced by two percent (2%) of the price for the transcript, computed at the rates set forth in this contract, for each Government business day or fraction thereof that delivery is delayed beyond the time limit prescribed depending on which has been ordered by the presiding official, up to a total of fifty percent (50%) of the transcript price. Computation of price reductions shall commence on the day following the date on which transcripts were to be delivered to the Gulf Coast Veterans Health Care System, Biloxi, MS. Failure to furnish a reporting service or delinquency in the delivery of a transcript is a default and subjects the Contractor to the default provision of this agreement.

9. REMOVAL OF CONTRACTOR

The Government, may, at its sole discretion, direct the Contractor to remove their employee from the Medical Center or designate facility 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 (Contracting Officer) will provide the contractor with a written explanation to support any request to remove an employee.

10. CONFLICT OF INTEREST

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

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

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

11. ADDITIONAL INFORMATION

a. Coordination for meeting the court reporter on the designated date and time shall be coordinated with the designated Facilitating Official.

b. Day to day communication between both contract parties occurs between the VA COR and the contractor’s primary or alternate operations manager as necessary. Problems unresolved at this level will be referred to the VA contracting officer and the contractor's designated corporate officer.

12. PAYMENT INFORMATION

a. Payment is made in arrears, upon certification of invoice(s). Invoices shall be submitted showing the number of transcripts listed by witness name; number of transcript pages, charge per page, total charge per transcript; and administrative fee(s) per transcript. The contractor will also specify any additional charges as mentioned above, all specified in a format easy to verify and review cost.

b. The government does not accept faxed or emailed invoices. All Invoices are to be submitted electronically as per VAAR 852.232-72 Electronic submission of payment requests. In conjunction to submitting monthly invoice into the electronic system the Contractor shall produce an invoice per each day of testimony and forward to the COR for review. Once all listed invoices are complete, and the total cost of the project is known the COR will certify the electronic invoice within tungsten for payment.

c. Any identified discrepancy(s) in billings shall be cause for extending provisions of this paragraph until the billing discrepancy or other identified problem with the invoice is remedied. Invoices shall:

1. Clearly state the terms of any discounts offered.

2. Include the current fiscal year and purchase order number.

3. Include the period of performance covered by the invoice.

Vendor e-Invoice Set-Up Information:

Please contact Tungsten at the phone number or email address listed below to begin submitting your electronic invoices to the VA Financial Services Center for payment processing, free of charge. If you have question about the e-invoicing program or Tungsten, please contact the

FSC at the phone number or email address listed below:

•Tungsten e-Invoice Setup Information: 1-877-489-6135 •Tungsten e-Invoice email: VA.Registration@Tungsten-Network.com

13. VA SECURITY AND PRIVACY

a. 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. Contractor shall complete VA’s Cyber Security and Privacy Act Training annually and sign the VA’s Rules of Behavior document. Approximately one (1) hour of Privacy Training will be provided for all Contractors, and all documents will need to be reviewed and signed. Any new contractor employee(s) hired after the contract becomes effective must complete the mandatory VA provided Privacy Training prior to starting work.

b. Prior to the beginning of testimony, the court reporters must sign a Confidentiality Statement which contains a security statement indicating the Court Reporter will not duplicate, upload, or retain any electronic versions of testimonies they have processed. The COR retains the signed Confidentiality Statement as part of the project record.

14. STATION POINT OF CONTACT INFORMATION

a. Contracting Officer:

b. Contracting Officer’s Representative (COR): Josette Askratni, RN josette.askratni@va.gov

c. Chief, Quality & Performance Management Service: Lori Jefferson, DHA, MSN, RN. (228) 523-4206; email: lori.jefferson2@va.gov

d. Privacy Officer: Melanie P. Lane (228) 523-5526; email: melanie.lane@va.gov

e. Clinical Risk Managers: Josette Askratni, RN. email: josette.askratni@va.gov, Yolanda Singletary, RN email: yolanda.singletary@va.gov or Beverly Shields, RN email: beverly.shields@va.gov

15. VENDOR’S POINT OF CONTACT INFORMATION

Name: Phone:

16. STANDARD DEFINITIONS

a. Administrative Investigation Board (AIB): refers to a systematic process for determining facts and documenting evidence about matters of significant interest to VA. “Members” are the person or persons appointed by a Convening Authority to conduct the AIB.

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

c. 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.

d. 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.

e. Federal Acquisition Regulations (FAR): The laws governing Government contracting procedures.

f. Performance Work Statement (PWS): A statement that outlines the services needed for a Performance Based Service contract.

g. Quality Control: Those actions taken by a contractor to control the performance of services so that they meet the requirements of the PWS.