36C25819Q0163-008.docx

36C25819Q0163

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

DUNS:

DUNS+4:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

36C25819Q0163 -2019 Tammy Perrine (520)629-4712 08-0 -2019 4:00pm AZ time Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723 X X Y 561492 $15 Million X N/A X Department of Veterans Affairs Southern Arizona VA Healthcare System 3601 S. 6th Avenue Tucson AZ 85723 Department of Veterans Affairs NCO22-Gilbert Network Contracting 3601 S. 6th Avenue Tucson AZ 85723

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

See CONTINUATION Page Request for Quote to provide Court Reporting services under a Blanket Purchase Agreement (BPA) for 4 facilities in VISN 22- Tucson, Phoenix, Prescott and Albuquerque.

NCO 22-Gilbert intends to award one BPA for the ordering period, but reserves the right to award more than one BPA.

Offeror shall submit signed SF 1449 to tammy.perrine@va.gov By the time and date specified in Block 8 of the SF 1449 with their completed price schedule.

Questions must be submitted in writing and emailed to Tammy Perrine no later than 4 calendar days prior to the date in Block 8 of the SF 1449.

See CONTINUATION Page N/A. Funding will be provided on BPA Orders X X X Daniel C. Thiel Table of Contents

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 36C258 Department of Veterans Affairs Southern Arizona VA Health Care System Network Contracting Office 22 Gilbert 3601 S. 6th Avenue Tucson AZ 85723

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

3. INVOICES: Invoices shall be submitted in arrears:

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.

This is accomplished through the Tungsten Network located at:

http://www.fsc.va.gov/einvoice.asp This is mandatory and the sole method for submitting invoices.

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

B.2 BLANKET PURCHASE AGREEMENT

(1) Description of agreement. The Vendor shall provide all labor, materials, and transportation necessary to provide Court Reporter Services in accordance with the attached Statement of Work (SOW), and the attached approved price-list, when requested by the BPA Ordering Officers, and authorized in writing by the Contracting Officer for a period of up to five years from the date of BPA award.

a. Performance Work Statement for Court Reporter.

b. Unit prices shall be in accordance with the Approved Price List, to include any future updates to the price-list.

c. The BPA Ordering Officers designed and authorized in Writing by the Contracting Officer shall make the BPA Orders.

(2) Extent of obligation. The Government is obligated only to the extent of authorized purchases actually made under the BPA.

(3) Purchase limitation.

a. The order limitation for purchases will be $50,000 per de-centralized order.

b. U.S. Government BPA Ordering Officers will place orders with vendors in the area most convenient to the Veteran Beneficiary.

(4) Individuals authorized to purchase under the BPA. A list of individuals authorized to purchase under the BPA, identified by title of position shall be furnished to the supplier by the contracting officer.

(5) Delivery Tickets. N/A

(6) Invoices. An invoice shall be submitted after each task order for all services performed during that particular job, identifying the information state in section B.1 # 3 Invoices.

(7) Modifications: Modification requests shall be in writing and submitted to:

Services Branch 1 Contracting Officer:

daniel.thiel@va.gov and tammy.perrine@va.gov

B.3 STATEMENT OF WORK

SECTION 1. General

1.1. The Contractor shall provide all personnel, equipment, materials, supplies, and supervision required to provide Court Reporting/Transcription Services to Department of Veterans Affairs Medical Centers and their Community-Based Outpatient Clinics (CBOC) and Rural Health Care Coordination Centers (HRCCC) located in Arizona and New Mexico as defined in 1.3.9.

Services may be required for but are not limited to: Administrative Investigation Boards (AIB), Equal Employment Opportunity (EEO) hearings, and Administrative Grievances, Disciplinary Appeals Boards (DAB), Arbitration, or Merit Systems Protection Board (MSPB) hearings.

1.1.2. Pricing: The price shall be a firm-fixed price based on what is considered standard practice for this service in Arizona and New Mexico. Contractor’s proposal should include all costs associated with providing transcription services. Each Contract Line Item Number (CLIN) shall be priced per hour for reporting services and per completed transcript page. A completed transcript page is defined as having been properly formatted and proofread/error free.

1.1.3. Data Rights: The VA reserves the right to make additional printed and electronic copies, or portions thereof, of all transcriptions as it deems necessary and the Contractor(s) shall have no claim for the additional copies.

1.2. Background Information

1.2.1. It is the intent of this document to establish a non-personal performance-based service Blanket Purchase Agreement contract for the Department of Veterans Affairs Medical Centers and their Community-Based Outpatient Clinics (CBOC) and Rural Health Care Coordination Centers (HRCCC) located in Arizona and New Mexico as defined in 1.3.9.

1.2.2. The performance period of this BPA will be from October 1, 2019 to September 30, 2024, with four (4) one (1) year option periods. It must be noted that the Government does not automatically extend contracts beyond their initial period of performance. Option periods are subject to the availability of funds; Contractor’s Performance; Continued Need; and FAR Clause 52.217-9, Option to Extend the Term of the Contract.

1.2.3. Scheduling: The services required for this contract shall be provided on an as needed basis during normal business hours from 8:00AM to 4:30PM. After hours service may be necessary and may be charged at a separate, pre-determined rate.

1.2.4. The term “Administrative Investigation” (AI) refers to a systematic process for determining facts and documenting evidence about matters of significant interest to VA. AIs are conducted to collect and analyze evidence to determine what actually happened and why it happened, so that individual and systemic deficiencies can be identified and effectively corrected. These investigations are governed by VA Directive 0700, Administrative Investigations and VA Handbook 0700, Administrative Investigations. These investigations are established by the Medical Center Director/VISN Director as the convening authority. Administrative Investigation Boards are not scheduled in advance; therefore, short notice will be provided for the need of transcription services. Once scheduled, the schedule may change or even be cancelled at anytime up until the time scheduled because of unforeseen events that may arise.

1.2.5. EEO, MSPB, DAB, and/or arbitration hearings are similar processes and are established by a judge or other government source. EEO Hearings may be scheduled a few weeks in advance while DAB, MSPB, and arbitration hearings may be scheduled several weeks to a month or more in advance. These hearings may also have to be rescheduled or cancelled on short notice because of unforeseen events.

1.2.6. Contractor must be able to respond to short-notice assignments.

1.2.7. 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. Witness names and other pertinent information necessary for transcription purposes, such as acronyms, will be provided to the Court Reporter during the course of the proceedings.

1.3. Personnel

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

1.3.2. Special Qualifications: The contractor is responsible for ensuring all contract employees possess and maintain current proper level of knowledge to proficiently perform transcription/court reporting service during the execution of this contract. Contract personnel performing Transcription/Court Reporting services must meet the criteria of licensure/certification/registration pursuant to Arizona Revised Statute (ARS) Title 32, Chapter 40 or New Mexico Rules Annotated (NMRA) 1-030, 22-201, before contract award. The Contractor or Contractor’s employee, shall obtain, at his/her own expense, all necessary licenses/registrations/certifications and permits and shall conform to all laws, regulations, and ordinances applicable to performance of services specified in this contract.

Reporters must have at least one-year experience as a licensed/certified/registered court reporter/stenographer 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. Court Reporters who have experience with the Department of Veterans Affairs AIB, EEO, MSPB, DAB, or arbitration hearings are preferred in the performance of this contract.

1.3.3. 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 the Medical Centers shall be subject to the same rules and regulations as all contracted employees. Parking is allowed only in those areas not designated for patient use. All traffic laws and parking rules on the grounds are strictly enforced. Failure to follow these laws and regulations may result in a citation being issued that will have to be resolved through the Federal Court system. Prior to reporting to work, the contracted employee will need to contact the designated COR who will either issue a temporary ID badge to the contracted employee or take him/her to the on-site PIV Officer to have a temporary ID badge issued. The contracted employee will properly display the badge while working at the Medical Center. Upon completion of the assignment, the employee will return the badge to the individual who issued it.

1.3.4. The Contractor shall ensure that all assigned court reporters perform all work in a professional business-like manner and in accordance with the best standards of the reporting profession and the Contractor.

1.3.5. Removing Employees for Misconduct or Security Reasons: The Government, may, at its sole discretion, direct the Contractor to remove their employee from the Medical Center for misconduct or for security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this contract. The CO will provide the Contractor with a written explanation to support any request to remove an employee.

1.3.6. Conflict of Interest: The Contractor shall not assign any person who is an employee of the United States Government to work under this contract if that employment would appear to cause a conflict of interest. A conflict of interest is defined as the existence of financial or other relationship between the Contractor, including any of his/her employees, and a party (attorney, witness, representative, etc.) involved in a proceeding to be transcribed under this contract. The Contractor shall promptly notify the presiding official whenever there is a possible or actual conflict of interest between the Contractor and such party or attorney. If a potential or actual conflict of interest is reported by the Contractor, the Contracting Officer reserves the right to have the transcript of that proceeding produced by another court reporter at no cost to the Contractor, notwithstanding any other provision of this contract. Should a new proceeding be required because a conflict of interest exists which the Contractor failed to bring to the attention of the presiding official, the Contractor shall bear the full cost of the new proceeding.

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

1.3.7.2. If, after notice of a request for services, the Contractor’s employee does not appear at the time and place specified, the Contractor shall be responsible for finding another equally qualified individual. 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.

1.3.8. Place of Performance: The work will be done primarily at these locations:

The Government reserves the right to add any additional locations to the contract as necessary. During the life of this contract, there may be a need or an occasion that may arise that will require the services of the Court Reporter to be at another location other than these mentioned, such as an attorney’s office. If so, the COR will give explicit instructions as to where and when the needed services will be required.

1.3.9. English Language Requirement: Contractor personnel shall be fluent and communicate in the English language, both written and oral communication.

1.4. Security Requirements. The Contractor will be responsible for ensuring compliance by its employees with the security regulations of the Veteran’s Administration where work is performed under this Contract. A Business Associate’s Agreement (BAA) will have to be entered into by the two contracting parties. Contracted employees will have to complete VA’s Cyber Security and Privacy Act Training annually and sign the VA’s Rules of Behavior document. Documentation of the completed training will be provided to the COR for each employee.

1.4.1. Personal Identity Verification, Background Investigations, and Special Agreement Checks.

Contractor employees must comply with all personal identity verification requirements (FAR clause 52.204-9, Personal Identity Verification of Contractor Personnel).

All contractor employees assigned to perform work under this BPA are subject to the same level of investigation as VA employees who have access to VA Sensitive Information. The level of background investigation commensurate with the level of access needed to perform the statement of work is: Tier 1 Low Risk (Non-sensitive). This requirement is applicable to all subcontractor personnel performing the same work.

Contractor personnel performing work under this BPA must undergo a background investigation commensurate with the assessed risk category. The Contractor will not be permitted to commence performance under the BPA until a minimum of 5 personnel have received the requisite background investigations. All contractor employees must maintain the ability to pass the vetting process with a favorable determination required for the life of the contract.

Note: All work associated with this contract shall be performed in the United States of America. Because this contract is funded with American appropriated tax dollars, all persons working under this contract shall be United States Citizens. There shall be no exception to this requirement.

1.4.2. Start of Work/Periodic Progress Meetings: The Contractor agrees to attend any post award meetings convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The CO, COR, and other Government personnel, as appropriate, may meet periodically with the contractor to review the contractor's performance. At these meetings the CO will apprise the contractor of how the government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.

1.4.3. The information obtained in the performance of this BPA is considered to be confidential and must not be revealed to anyone who is not authorized to know. Portions of information disclosed during the performance of this contract are protected by the provisions of the Privacy Act of 1974; therefore, all personnel assigned to this Contract are required to take proper precautions to protect the information from disclosure.

1.4.4. Commitment to Protect Sensitive Information. The Contractor and its employees shall not release, publish, or disclose sensitive information to unauthorized personnel, and shall protect such information in accordance with provisions of 18 U.S.C. 641 (Criminal Code: Public Money, Property or Records) and any other pertinent laws and regulations governing the confidentiality of sensitive information.

1.4.5. In the performance of official duties, the Contractor's employees shall have access to information containing sensitive data, which must be protected under the provisions of the Privacy Act of 1974 (5 USC 552a); the Health Insurance Portability and Accountability Act of 1996 (HIPAA); 45 CFR Parts 160 and 164, Subparts A and E, the Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”); and 45 CFR Parts 160 and 164, Subparts A and C, the Security Standard (“Security Rule”); Federal Regulations and statutes; and VAMC policies and standard operating procedures. The Contractor and Contractor's employees are responsible for:

· Protecting that data from unauthorized release or from loss, alteration, or unauthorized deletion.

· Completing annual privacy training that conforms to the requirements of VHA Privacy Training.

· Completing annual security awareness training that conforms to the requirement of the Department of Veterans Affairs Office of Cyber and Information Security Training.

· Within 24 hours of first becoming aware of a HIPAA Electronic Transaction and Code Set, Privacy, Security or Standard Identifier Incident, or use or Disclosure of PHI not provided for by this contract, notify and promptly provide a report to the CO and the COR.

An incident will be considered any attempted or successful unauthorized access to, use, disclosure, modification, or destruction of, or interference with PHI, or an event that causes the VA to be considered non-compliance with the Administrative Simplification provisions of HIPAA as determined by the Department of Health and Human Services.

Use only Contractors, who are physically located within a jurisdiction subject to the laws of the United States. Ensure there is no use or disclosure of PHI received from the VA in any way that will remove the PHI from such jurisdiction.

Upon completion of the applicable contract(s), return or destroy the PHI gathered, created, received or processed during the performance of the contract(s), and no data will be retained by the Contractor, unless retention is required by law or regulation or expressly permitted herein.

Ensure that all PHI has been returned to the COR or destroyed by the Contractor, as deemed appropriate by the COR. When destroyed by the Contractor, the Contractor will notify the COR what information has been destroyed and when.

If immediate return or destruction of all data is not possible, ensure that all PHI retained will be safeguarded to prevent unauthorized uses or disclosures. Until assurance is provided, the Department of Veterans Affairs may withhold 15% of the final payment of the contract(s).

Security of Systems and Data, Including Personally Identifiable Data

a) Systems Security: The work to be performed under this contract requires the handling of data that originated within the Department, data that the Contractor manages or acquires for the Department, and/or data that is acquired in order to perform the contract and concerns Department programs or personnel.

For all systems handling such data, the Contractor shall comply with all security requirements applicable to Department of Veterans Affairs systems, including but not limited to all Executive Branch system security requirements (e.g., requirements imposed by OMB and NIST), DOJ IT Security Standards, and DOJ Order 2640.2E. The Contractor shall provide access to and information regarding the Contractor’s systems when requested by the Department in connection with its efforts to ensure compliance with all such security requirements and shall otherwise cooperate with the Department in such efforts.

The use of Contractor-owned laptops or other media storage devices to process or store data covered by this clause is prohibited until the Contractor provides a letter to the CO certifying the following requirements:

· Laptops must employ encryption using a NIST Federal Information Processing Standard (FIPS) 140-2 approved product;

· The Contractor must develop and implement a process to ensure that security and other applications software is kept up-to-date;

· Mobile computing devices will utilize anti-viral software and a host-based firewall mechanism.

· The Contractor shall log all computer-readable data extracts from databases holding sensitive information and verify each extract including sensitive data has been erased within 90 days or its use is still required. All VAMC information is sensitive information unless designated as non-sensitive by the Department.

· Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and floppy disks, containing VAMC data, shall not be removed from VAMC facilities unless encrypted using a NIST FIPS 140-2 approved product;

· When no longer needed, all removable media and laptop hard drives shall be processed (sanitized, degaussed, or destroyed) in accordance with security requirements applicable to the Department of Veterans Affairs;

· Contracting firms shall keep an accurate inventory of devices used on VAMC contracts;

· Rules of behavior must be signed by users. These rules shall address at a minimum: authorized and official use; prohibition against unauthorized users; and protection of sensitive data and personally identifiable information;

· All VAMC data will be removed from Contractor-owned laptops upon termination of Contractor work. This removal must be accomplished in accordance with VAMC IT Security Standard requirements. Certification of data removal will be performed by the Contractor’s project manager and a letter confirming certification will be delivered to the CO within 15 days of termination of Contractor work.

b) Data Security: By acceptance of, or performance on, this contract, the Contractor agrees that with respect to the data identified in paragraph a, in the event of any actual or suspected breach of such data (i.e., loss of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other unauthorized access, whether physical or electronic), the Contractor will immediately (and in no event later than within one hour of discovery) report the breach to the VAMC CO and the contracting officer's representative (COR).

Personally Identifiable Information Notification Requirement The Contractor further certifies that it has a security policy in place that contains procedures to promptly notify any individual whose personally identifiable information (as defined by OMB) was, or is reasonably believed to have been, breached. Any notification shall be coordinated with the Department and shall not proceed until the Department has made a determination that notification would not impede a law enforcement investigation or jeopardize national security. The method and content of any notification by the Contractor shall be coordinated with, and be subject to the approval of, the Department. The Contractor assumes full responsibility for taking corrective action consistent with the Department's Data Breach Notification Procedures, which may include offering credit monitoring when appropriate.

1.4.5. Health and Human Services - Office of Inspector General: To ensure that the individuals providing services under the contract have not engaged in fraud or abuse regarding Sections 1128 and 1128A of the Social Security Act regarding federal health care programs, the contractor is required to check the Health and Human Services - Office of Inspector General (HHS/OIG), List of Excluded Individuals/Entities on the OIG Website (https://oig.hhs.gov/exclusions/exclusions_list.asp) for each person providing services under this contract. Further the Contractor is required to certify in its proposal that all persons listed in the contractor's proposal have been compared against the OIG list and are NOT listed. During the performance of this contract the Contractor is prohibited from using any individual or business listed on the List of Excluded Individuals/Entities.

1.4.6. Confidentiality. All Contractor personnel performing services under this contract must complete a confidentiality certification.

Date:

From:

Subj: Confidentiality Statement To: {NAME OF VA FACILITY}

Acknowledge receipt of this memorandum and intend to comply with its provisions.

Print Name: ____________________________ Signed: _______________________________ Date: _________________________________ Witnessed: ____________________________ Date: _________________________________

1.5. Quality Control

1.5.1. The Contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable government standards. No transcripts shall be forwarded to the government until the quality checks reveal full format conformance and freedom from error.

1.5.2. The Contractor shall closely monitor its performance in meeting the requirements for timely delivery of hearing transcripts. The Contractor shall advise the COR in advance, by specific case number only (no names, SSNs or any other personal identification data) when timely delivery cannot be made, and estimated time when correction of delivery will be made.

1.6. Performance Assessment: The Government will evaluate the Contractor’s performance under this contract using the method of surveillance specified below. All surveillance observations will be recorded by the government. When an observation indicates defective performance, the COR will provide the Contractor with a copy of the record of the observation.

THE GOVERNMENT SHALL REDUCE CONTRACTOR INVOICES BY 15% IN THE EVENT THE CONTRACTOR’S LEVEL OF PERFORMANCE FALLS BELOW 95% OF THE EXPECTED PERFORMANCES AS OUTLINED IN THIS PWS. CONFIRMATION OF THESE DELIQUENT PERFORMANCES WILL BE MADE KNOWN TO THE CONTRACTOR IMMEDIATELY UPON DISCOVERY.

1.6.1. Monitoring Procedures: The designated VA staff member overseeing the hearings will evaluate the quality and timeliness of the product and services and notify the COR of the acceptability of the product and services. However, only an appointed COR is authorized to monitor contract performance and only a Warranted CO is authorized to make changes to the contract by way of written contract modifications. Contractor attendance and actual services rendered through the establishment and maintenance of a reliable record system, which will be the mechanism for certifying the invoice for payment.

1.6.2. Failure to maintain the required accuracy rate shall be grounds for termination of this contract. The Contractor is responsible for providing clear, legible, printed copies of each report. The Contractor shall assign a Project Manager for the purpose of ensuring compliance with the provisions of this contract and that the quality controls standards are met or exceeded.

1.6.3 Definitions:

1. Blanks – omissions of a word or a series of words in the transcription as a result of dictation which is intelligible to the VA

1. Line – standard type measuring 6.5 inches in the aggregate

1. Date of dictation – date document dictated

1. Date of transcription – date document typed

1. Partial lines – measuring less than 6.5 inches long in the aggregate.

1.7. Hours of Operation

1.7.1. Normal Business Hours. Normal business hours are 8:00AM to 4:30PM, Monday through Friday, excluding Federal Holidays. Services required by this contract will normally only be required during normal business hours; however, work outside these hours may be required.

1.7.2. Federal Holidays. 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 week end day (Saturday or Sunday), the normal observance is the connecting weekday.

1.8. BPA Administration (Post-Award) Phase:

1.8.1. VSC Notice of Award Letter for Security and Suitability Requirements: Upon award, the Contracting Officer will provide the contractor with a VSC “Notice of Award” letter and the latest version of all necessary forms obtained from the VHA Service Center Sharepoint. The documents will include:

1.8.1.1. Within five business days of receiving the VSC “Notice of Award” letter and the forms listed in 1.8.1., the contractor shall submit all completed forms to the sender (CO/COR). Upon receipt, the Contracting Officer/COR shall immediately review, sign and forward it to the VSC via encrypted e-mail or fax.

1.8.1.2. Within five business days of receiving the VSC “Notice of Award” letter, each contract employee listed on the Contract Security Services Request Form (Form #1A/B) must be fingerprinted. The VSC “Notice of Award” letter instructs the contractor to contact the COR or local VA facility with assistance in scheduling an appointment to be fingerprinted.

SECTION 2. Standard Definitions

Acceptable Quality Level (AQL): The AQL is the maximum percent defective that, for purposes of sampling inspections can be considered satisfactory.

Administrative Investigation (AI): A process of gathering evidence and ascertaining facts about particular matters, conducted primarily to enhance administrative effectiveness and efficiency.

Administrative Investigation Board (AIB): The standard procedures established under VA Directive 0700 and this Handbook for collecting and analyzing evidence, ascertaining facts, and documenting complete and accurate information regarding matters of interest to VA. “Members” are the person or persons appointed by a Convening Authority to conduct the AIB.

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

Contracting Officer’s Representative (COR): An individual designated by the contracting officer to act as his representative to assist in administering a contract. The source and authority for a COTR are contained in the written letter of designation from the Contracting Officer.

Convening Authority: The authority responsible for convening and supervising administrative investigations under VA Directive 0700. Convening Authorities include the Heads of VA Administrations and Staff Offices, Chief executives of VA facilities, and authorities senior to any of them in the VA organization.

Defective Service: A service output that does not meet the standard of performance associated with it in the Performance Requirements Summary (PRS).

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

Investigative Report (IR): The standard format for conveying the results of an AIB, designed to enhance clarity and to facilitate review and decision-making. The essential components an investigative report are findings of fact, conclusions, and exhibits.

Performance Requirements Summary (PRS): Identifies the key service outputs of the contract that will be evaluated by the government to assure contract performance standards are met by the Contractor.

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

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

SECTION 3. Government Furnished Property and Services The government will provide to the Contractor for contract performance at no cost a shared meeting location, utilities, and the use of a telephone (local calls only). Normally, the usage of cell phones within the SAVAHCS is permitted. However, there are some areas of the hospital where the usage of such devices is restricted because of their possible interference with operating medical equipment. Strict adherence to the rules concerning the usage of these devices must be observed throughout the SAVAHCS. All buildings are smoke-free; however, smoking is permitted on the grounds in designated locations only.

SECTION 4. Contractor Furnished Items and Services

4.1. GENERAL. Except for those items or services specifically stated to be government furnished in Section 3, the Contractor shall furnish everything required to perform this contract.

SECTION 5. Specific Tasks

5.1. The Contractor agrees that, at a minimum, all assigned court reporters shall:

Prior to the scheduled meeting time:

· Present himself/herself to the COR in order to obtain a Temporary Identification badge from the PIV Office. (Estimated time for this is 15 minutes.) This badge will have to be returned by the Contracted Employee to the PIV Office upon completion of the assignment.

· After receipt of badge, proceed to the designated hearing location and have all equipment set up and ready by the scheduled hearing time.

· Adhere strictly to the instructions of the presiding official in matters affecting the composition of the record, adjourning to other times or places, the hours of hearing, and associated matters.

Report everything spoken while a hearing is in session unless the presiding official directs an off-the-record proceeding for which notes have been taken as required.

5.2. Hearings shall be properly recorded by Court Reporters using electronic recording devices, in addition to their physical presence at the hearing. The Contractor shall provide a back-up system to whichever primary recording method is used. When proceedings are recorded by an electronic recording device, it shall at a minimum:

· have two (2) channels.

· be continuously monitored by an operator.

· have simultaneous playback, listening pre-amplification and speaker identification capabilities.

· have an equipment malfunction indicator.

The Court Reporter must maintain an audio recording of the testimony, available to the team leader or COR for the process as needed to clarify issues associated with testimony content.

5.3. An experienced, competent Court Reporter shall be present in the room when witnesses are interviewed, testimony is given, and/or when witnesses are called back for additional testimony. The team leader or other designated VA staff member will inform the Court Reporter of the anticipated duration of the process and when the process has been completed.

5.4. The Contractor shall provide the reviews and quality checks necessary to ensure that the reporting, recording, transcripts and photocopying conform to acceptable Government standards. No transcripts shall be forwarded to the Government until the quality checks reveal full format conformance and freedom from error. Formatting and proofreading the final product are considered to be a part of the completed transcript page.

5.5. When actual discrepancies in the transcribed testimony and the audio recording are identified and verified by the team leader or other designated point of contact, the Court Reporter shall produce a corrected version at no additional cost to the Government.

5.6. The Contractor shall be fully responsible for all loss or damage to materials associated with this PWS while in the Contractor’s care and custody. The Contractor shall keep accurate records of the materials picked up from the government. The listing shall include a list of materials, the status of the assignment and the case number assigned by the Government.

5.7. Hearing and Deliverables Timelines:

5.7.1. The Administrative Investigations have an established timeframe for completion of 45 calendar days of the date the AIB is convened; whereby sworn or affirmed testimony is obtained by a team charged with investigating a particular issue or event. Transcribed testimony must be returned as specified by the COR within the timeframe specified in the task order (generally within 5-7 business days).

5.7.2. EEO Hearings may have a short turnaround time for completion of 3 to 14 days as established by a judge. Transcribed testimony must be returned as specified by the COR within the timeframe specified in the task order (generally within 1-3 business days) in order for the deadline to be met.

5.7.3. MSPB processes rarely exceed 3-5 days. Transcribed testimony must be returned as specified by the COR within the timeframe specified in the task order (generally within 1-3 business days) in order for the deadline to be met.

DELIVERY SCHEDULE/THIRD PARTY COPY

a. An original, two copies, one mini-condensed copy, and one electronic copy in Portable Document Format (.pdf) on compact disc with key word indexes shall be delivered double sealed, via Fedex, UPS, or U.S. certified mail, during regular business hours (8:00 a.m. through 4:30 p.m., Monday through Friday, excluding Federal holidays) with postage or other transportation charges fully paid by the Contractor to the address provided by the COR.

An electronic copy may be provided in .pdf format via a secure document repository; however, it does not absolve the Contractor from providing the specified products outlined at the beginning of this paragraph within the specified delivery schedule.

If deliverables are mailed, the Contractor will provide the COR with the tracking number on the date the documents are mailed.

b. 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.

c. Requests for Services will be made either in writing or by telephone by the CO or the COR.

d. The 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.

e. 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 applicable medical center. 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.

5.8. Transcription Format:

5.8.1. The Court Reporter shall index each individual transcript and include behind each bound testimony a tabbed index stating “WORD INDEX.” The evidence and information gathered during the course of the investigation shall be organized in an appropriately indexed investigative file that includes a numerical or alphabetical list of each time a symbol, number, or word was used and the page number and line number.

5.8.2. The transcribed testimony product must be accurate, double-spaced, printed, and bound in a satisfactory manner, according to accepted standards for court reporting, which at a minimum includes one original and one copy of each witness’s testimony. Each individual testimony shall be bound in a sturdy plastic binder with clear plastic cover, with no loose sheets. All are to be securely fastened into the binder with metal prongs (not plastic binding). Line numbers must be listed in the left margin and the page number in the bottom right corner of each page. The court reporter shall include their signed, dated, and officially sealed certificate as the last page of the testimony.

5.8.3. An “ACKNOWLEDGEMENT” sheet shall be included as the last page of each testimony to include a certification statement at the top that the testimony is accurate to include blanks for a date to be filled in and a signature block for each. The second half of this acknowledgement sheet shall include a place for corrections, i.e., Page No. ____, Line No. ____, and a blank to write in the corrections.

5.8.4. Visible Black Character.

i. A Visible Black Character is defined strike-able and visible characters and includes any printed letter, number, symbol, and/or punctuation mark excluding any or all formatting (e.g., bold, underline, italics, table structure,…