36C25625Q0321 Court Reporter Solicitation.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. 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

36C25625Q0321 01-28-2025

02-11-2025

12:00 CST

Department of Veterans Affairs

Network Contracting Office 16

Gulf Coast Veterans Health Care System

400 Veterans Avenue

Biloxi MS 39531

X 100

X

561492

$19 Million

N/A

Department of Veterans Affairs

Gulf Coast Veterans Health Care System

Department of Veterans Affairs

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

See CONTINUATION Page

NCO16 is requesting quotes for the award for Court Reporting

Services per the scope of work within.

RFQ questions are due NLT 1200 pm CT, Tuesday, Feb. 04, 2025 via email to Justin.Taylor5@va.gov.

All responses are due by 12pm ct., Feb. 11, 2025 via e-mail to Justin.Taylor5@va.gov.

**Please pay close attention to section E.1 Instructions to

Offerors. **

This solicitation utilizes FAR 13.106 Comparative Analysis

Evaluation.

Note: Services are on an as needed basis.

See CONTINUATION Page

X 1

Tina Harris

Contract Officer

36C25625Q0321

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 (SOW)

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

SECTION C - CONTRACT CLAUSES

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

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

C.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

C.4 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS or BPAs (JAN

2023) (DEVIATION)

C.5 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTOR COMMITMENTS-ORDERS AND

BPAS (JAN 2023) (DEVIATION)

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON SUBCONTRACTING—

CERTIFICATE OF COMPLIANCE FOR SERVICES AND CONSTRUCTION (JAN 2023)

(DEVIATION)

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT 2020) .. 19

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

C.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 2022)

C.13 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND VETERAN-

OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023) (DEVIATION)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND

COMMERCIAL SERVICES (NOV 2024)

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

See attached document:

SECTION E - SOLICITATION PROVISIONS

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

PRODUCTS AND COMMERCIAL SERVICES

E.2 VAAR 852.233-70 PROTEST CONTENT/ALTERNATIVE DISPUTE RESOLUTION

(OCT 2018)

E.3 VAAR 852.233-71 ALTERNATE PROTEST PROCEDURE (OCT 2018)

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

BY REFERENCE (JAN 2008)

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

1998)

E.6 52.212-2 EVALUATION—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021)

E.7 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2024)

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR:

b. GOVERNMENT: Contracting Officer Justin Taylor

Department of Veterans Affairs

Network Contracting Office 16

Gulf Coast Veterans Health Care System

400 Veterans Avenue

Biloxi MS 39531

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] After completion and receipt of transcript

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

B.2 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; Juneteenth, 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 Title Timelines Target Receipt

Administrative Investigation

Board (AIB)

30 Calendar day Completion from date convened

10 business days of each testimony

Administrative Investigation

Boards (AIB) Short Turnaround

3 business day of each testimony

5 Other Hearings 1-5 Days Completion 3 business days of each testimony

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

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. COST BREAK-DOWN

a. Appearance Fee:

b. Per page cost:

c. Additional fees (create separate line for each):

B.2 PRICE/COST SCHEDULE

ITEM INFORMATION

ITEM

NUMBER

DESCRIPTION OF

SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

1.00 JB __________________ __________________

Court Transcription Services for FY 2025.

Contract Period: Base POP Begin: 03-01-2025 POP End: 09-30-2025

Court Transcription Services for FY 2026.

Contract Period: Option 1 POP Begin: 10-01-2025 POP End: 09-30-2026

Court Transcription Services for FY 2027.

Contract Period: Option 2 POP Begin: 10-01-2026 POP End: 09-30-2027

Court Transcription Services for FY 2027.

Contract Period: Option 3 POP Begin: 10-01-2027 POP End: 09-30-2028

Court Transcription Services for FY 2028.

Contract Period: Option 4 POP Begin: 10-01-2028 POP End: 09-30-2029

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

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 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR

2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

C.3 VAAR 852.203-70 COMMERCIAL ADVERTISING (MAY 2018)

The Contractor shall not make reference in its commercial advertising to Department of

Veterans Affairs contracts in a manner that states or implies the Department of Veterans Affairs approves or endorses the Contractor’s products or services or considers the Contractor’s products or services superior to other products or services.

(End of Clause)

C.4 VAAR 852.208-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS – ORDERS

or BPAs (JAN 2023) (DEVIATION)

(a) In an effort to increase contracting opportunities for Veterans, depending on the evaluation factors included in the solicitation, VA will evaluate responses received based on the schedule

Contractor’s certified service-disabled veteran-owned small business/veteran-owned small business (SDVOSB/VOSB) status; and/or their proposed use of certified SDVOSB/VOSB listed in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ (see 13 CFR 128) as subcontractors or teaming partners.

(b) To receive credit under this clause a contractor or subcontractor must be listed, at time of submission of offer/quotes and at time of award, as certified SDVOSB/VOSB in the SBA certification database on the SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/ https://veterans.certify.sba.gov/ (see 13 CFR 128) and be otherwise eligible in accordance with

SBA size Standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13 CFR 121, 125 and 128.).

(c) A certified SDVOSB listed in the SBA certification database schedule holder will receive full credit, and a certified VOSB listed in the SBA certification database schedule holder will receive partial credit for the SDVOSB/VOSB status evaluation factor.

(d) Offerors other than SDVOSBs or VOSBs proposing to use certified SDVOSBs/VOSBs listed in the SBA certification database as subcontractors/teaming partners, will receive some consideration under this evaluation factor. To receive consideration, offerors must provide in their proposals:

(1) The name(s) and contact information of the certified SDVOSB(s)/VOSB(s) listed in the

SBA certification database with whom they intend to team or subcontract.

(2) A brief description of the proposed team or subcontractor(s) arrangement.

(3) The approximate dollar value of the proposed teaming arrangements or subcontract(s).

(4) Evidence of teaming partner/ subcontractor’s listing in the SBA certification database.

(e) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.5 VAAR 852.208-71 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTOR

COMMITMENTS-ORDERS AND BPAS (JAN 2023) (DEVIATION)

(a) The Contractor agrees, if selected on the basis of having certified service-disabled veteran-owned small business (SDVOSB) or veteran-owned small business (VOSB) status (see 13 CFR

128), to comply with the eligibility requirements in subpart 819.70, including the limitation on subcontracting requirements at 13 CFR 125.6.

(b) The Contractor agrees, if selected for award on the basis of teaming/subcontracting in accordance with 852.208–70, Service-Disabled Veteran-Owned and Veteran-Owned Small

Business Evaluation Factors—Orders and BPAs, to use the evaluated firm(s) as proposed or if approved by contracting officer to substitute one or more certified SDVOSB/VOSB listed in the

SBA certification database for work of the same or similar value.

(c) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

C.6 VAAR 852.215-71 EVALUATION FACTOR COMMITMENTS (OCT 2019)

(a) The offeror agrees, if awarded a contract, to use the service-disabled veteran-owned small businesses (SDVOSBs) or veteran-owned small businesses (VOSBs) proposed as subcontractors in accordance with 852.215–70, Service-Disabled Veteran-Owned and Veteran-

Owned Small Business Evaluation Factors, or to substitute one or more SDVOSBs or VOSBs for subcontract work of the same or similar value.

(b) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

C.7 VAAR 852.219-75 VA NOTICE OF LIMITATIONS ON

SUBCONTRACTING—CERTIFICATE OF COMPLIANCE FOR SERVICES AND

CONSTRUCTION (JAN 2023) (DEVIATION)

(a) Pursuant to 38 U.S.C. 8127(l)(2), the offeror certifies that—

(1) If awarded a contract (see FAR 2.101 definition), it will comply with the limitations on subcontracting requirement as provided in the solicitation and the resultant contract, as follows:

(i) [] Services. In the case of a contract for services (except construction), the contractor will not pay more than 50% of the amount paid by the government to it to firms that are not certified

SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 50% subcontract amount that cannot be exceeded. Other direct costs may be excluded to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service as set forth in 13 CFR 125.6.

(ii) [] General construction. In the case of a contract for general construction, the contractor will not pay more than 85% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in 852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 85% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(iii) [] Special trade construction contractors. In the case of a contract for special trade contractors, the contractor will not pay more than 75% of the amount paid by the government to it to firms that are not certified SDVOSBs listed in the SBA certification database as set forth in

852.219–73 or certified VOSBs listed in the SBA certification database as set forth in 852.219–

74. Any work that a similarly situated certified SDVOSB/VOSB subcontractor further subcontracts will count towards the 75% subcontract amount that cannot be exceeded. Cost of materials are excluded and not considered to be subcontracted.

(2) The offeror acknowledges that this certification concerns a matter within the jurisdiction of an Agency of the United States. The offeror further acknowledges that this certification is subject to Title 18, United States Code, Section 1001, and, as such, a false, fictitious, or fraudulent certification may render the offeror subject to criminal, civil, or administrative penalties, including prosecution.

(3) If VA determines that an SDVOSB/ VOSB awarded a contract pursuant to 38 U.S.C. 8127 did not act in good faith, such SDVOSB/VOSB shall be subject to any or all of the following:

(i) Referral to the VA Suspension and Debarment Committee;

(ii) A fine under section 16(g)(1) of the Small Business Act (15 U.S.C. 645(g)(1)); and

(iii) Prosecution for violating 18 U.S.C. 1001.

(b) The offeror represents and understands that by submission of its offer and award of a contract it may be required to provide copies of documents or records to VA that VA may review to determine whether the offeror complied with the limitations on subcontracting requirement specified in the contract. Contracting officers may, at their discretion, require the contractor to demonstrate its compliance with the limitations on subcontracting at any time during performance and upon completion of a contract if the information regarding such compliance is not already available to the contracting officer. Evidence of compliance includes, but is not limited to, invoices, copies of subcontracts, or a list of the value of tasks performed.

(c) The offeror further agrees to cooperate fully and make available any documents or records as may be required to enable VA to determine compliance with the limitations on subcontracting requirement. The offeror understands that failure to provide documents as requested by VA may result in remedial action as the Government deems appropriate.

(d) Offeror completed certification/fill-in required. The formal certification must be completed, signed and returned with the offeror’s bid, quotation, or proposal. The Government will not consider offers for award from offerors that do not provide the certification, and all such responses will be deemed ineligible for evaluation and award.

Certification

I hereby certify that if awarded the contract, [insert name of offeror] will comply with the limitations on subcontracting specified in this clause and in the resultant contract. I further certify that I am authorized to execute this certification on behalf of [insert name of offeror].

Printed Name of Signee: ___________

Printed Title of Signee: _____________

Signature: ____________

Date: ______________

Company Name and Address: _______________

C.8 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (NOV 2018)

(a) Definitions. As used in this clause—

(1) Contract financing payment has the meaning given in FAR 32.001;

(2) Designated agency office means the office designated by the purchase order, agreement, or contract to first receive and review invoices. This office can be contractually designated as the receiving entity. This office may be different from the office issuing the payment;

(3) Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods and formats identified in paragraph (c) of this clause. Facsimile, email, and scanned documents are not acceptable electronic forms for submission of payment requests;

(4) Invoice payment has the meaning given in FAR 32.001; and

(5) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic payment requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a

Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this rule, and therefore no additional electronic invoice submission is required.

(c) Data transmission. A contractor must ensure that the data transmission method and format are through one of the following:

(1) VA’s Electronic Invoice Presentment and Payment System at the current website address provided in the contract.

(2) Any system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) and chartered by the American National

Standards Institute (ANSI).

(d) Invoice requirements. Invoices shall comply with FAR 32.905.

(e) Exceptions. If, based on one of the circumstances in this paragraph (e), the Contracting

Officer directs that payment requests be made by mail, the Contractor shall submit payment requests by mail through the United States Postal Service to the designated agency office.

Submission of payment requests by mail may be required for—

(1) Awards made to foreign vendors for work performed outside the United States;

(2) Classified contracts or purchases when electronic submission and processing of payment requests could compromise the safeguarding of classified or privacy information;

(3) Contracts awarded by contracting officers in the conduct of emergency operations, such as responses to national emergencies;

(4) Solicitations or contracts in which the designated agency office is a VA entity other than the VA Financial Services Center in Austin, Texas; or

(5) Solicitations or contracts in which the VA designated agency office does not have electronic invoicing capability as described above.

(End of Clause)

C.9 VAAR 852.237-75 KEY PERSONNEL (OCT 2019)

The key personnel specified in this contract are considered to be essential to work performance. At least 30 days prior to the Contractor voluntarily diverting any of the specified individuals to other programs or contracts the Contractor shall notify the Contracting Officer and shall submit a justification for the diversion or replacement and a request to replace the individual. The request must identify the proposed replacement and provide an explanation of how the replacement’s skills, experience, and credentials meet or exceed the requirements of the contract. If the employee of the Contractor is terminated for cause or separates from the contractor voluntarily with less than thirty days notice, the Contractor shall provide the maximum notice practicable under the circumstances. The Contractor shall not divert, replace, or announce any such change to key personnel without the written consent of the Contracting

Officer. The contract will be modified to add or delete key personnel as necessary to reflect the agreement of the parties.

(End of Clause)

C.10 VAAR 852.242-71 ADMINISTRATIVE CONTRACTING OFFICER (OCT

2020)

The Contracting Officer reserves the right to designate an Administrative Contracting Officer

(ACO) for the purpose of performing certain tasks/duties in the administration of the contract.

Such designation will be in writing through an ACO Letter of Delegation and will identify the responsibilities and limitations of the ACO. A copy of the ACO Letter of Delegation will be furnished to the Contractor.

(End of Clause)

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

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

https://www.acquisition.gov/browse/index/far https://www.va.gov/oal/library/vaar/

FAR

Number

Title Date

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

AUG 2020

52.232-18 AVAILABILITY OF FUNDS APR 1984

C.12 VAAR 852.201-70 CONTRACTING OFFICER'S REPRESENTATIVE

(DEC 2022)

The Contracting Officer reserves the right to designate representatives to act for him/her in furnishing technical guidance and advice or generally monitor the work to be performed under this contract. Such designation will be in writing and will define the scope and limitation of the designee’s authority. A copy of the designation letter shall be furnished to the Contractor.

(End of Clause)

C.13 VAAR 852.215-70 SERVICE-DISABLED VETERAN-OWNED AND

VETERAN-OWNED SMALL BUSINESS EVALUATION FACTORS (JAN 2023)

(DEVIATION)

(a) In an effort to achieve socioeconomic small business goals, VA shall evaluate offerors based on their service-disabled veteran-owned or veteran-owned small business certification status and their proposed use of eligible certified service-disabled veteran-owned small businesses (SDVOSBs) and certified veteran-owned small businesses (VOSBs) as subcontractors.

(b) Eligible and certified service-disabled veteran-owned small businesses offerors will receive full credit, and offerors qualifying as veteran-owned small businesses will receive partial credit for the certified Service-Disabled Veteran-Owned and Veteran-Owned Small Business Status evaluation factor. To receive credit, an offeror must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database on the

SBA Veteran Small Business Certification Program portal at https://veterans.certify.sba.gov/

(see 13 CFR 128) and be otherwise eligible in accordance with SBA size standards for the acquisition and limitations on subcontracting requirements set forth in SBA regulations (see 13

CFR 121, 125 and 128.).

(c) Non-Veteran offerors proposing to use certified SDVOSBs or VOSBs as subcontractors will receive some consideration under this evaluation factor. Offerors must state in their proposals the names of the certified SDVOSBs and VOSBs with whom they intend to subcontract and provide a brief description of the proposed subcontracts and the approximate dollar values of the proposed subcontracts. In addition, the proposed subcontractors must be listed at the time of submission of offers and at time of award, as a certified SDVOSB/VOSB in the SBA certification database.

(d) Pursuant to 38 U.S.C. 8127(g), any business concern that is determined by VA to have willfully and intentionally misrepresented a company’s SDVOSB/VOSB status is subject to debarment for a period of not less than five years. This includes the debarment of all principals in the business.

(End of Clause)

(End of Addendum to 52.212-4)

C.14 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

PRODUCTS AND COMMERCIAL SERVICES (NOV 2024)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or

Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or

Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204–23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115–91).

(3) 52.204–25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115–232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.232–40, Providing Accelerated Payments to Small Business Subcontractors (MAR

2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The…